Clause 30

by inserting, immediately after the word “Chairman” in subsection (3), the words “or Deputy Chairman”;

by deleting subsection (7) and substituting the following subsection:“(7) The report of the Inquiry Committee shall, among other things, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Tribunal, and the Inquiry Committee shall recommend to the Council —

if the Inquiry Committee is of the view that there should be a formal investigation by a Disciplinary Tribunal, the charge or charges to be preferred against the advocate and solicitor with respect to the misconduct committed; or

if the Inquiry Committee is of the view that no formal investigation by a Disciplinary Tribunal is required —

a penalty sufficient and appropriate to the misconduct committed; or

that the complaint be dismissed.”;

by deleting the words “Disciplinary Committee” wherever they appear in subsection (11) and substituting in each case the words “Disciplinary Tribunal”; and

by deleting subsections (12) and (13) and substituting the following subsections:“(12) For the purposes of conducting an inquiry, an Inquiry Committee may —

appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks necessary;

require the production for inspection by the Inquiry Committee, or by any person appointed under paragraph (a), of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry; and

require the complainant, the advocate and solicitor concerned and any other person to give any information which may relate to or be connected with the subject-matter of the inquiry (including any information in relation to any books, documents or papers referred to in paragraph (b)) —

at an attendance before the Inquiry Committee or any person appointed under paragraph (a);

in writing; or

by way of a statutory declaration or an affidavit.(13) Any person who refuses or fails, without lawful excuse, to comply with any requirement of an Inquiry Committee under subsection (12)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”.