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Power of Council to require production of books of account, etc.

Legal Profession (Solicitors’ Trust Accounts) Rules

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Proposed text

—(1) In order to ascertain whether these Rules have been complied with, the Council acting —(a)on its own motion; or(b)on a written complaint lodged with it by a third party,may require any solicitor-trustee to produce at a time and place to be fixed by the Council, all books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and documents relating to all or any of the trusts of which he is the solicitor-trustee for the inspection of any person appointed by the Council, and that person shall prepare for the information of the Council a report on the result of such inspection.(2) Such report may be used as a basis for proceedings under the Act.(3) Upon being required to do so, a solicitor-trustee shall produce such books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and documents at the time and place fixed.(4) Before making any appointment under paragraph (1), the Council shall consider any objection made by any such solicitor-trustee to the appointment of a particular person on personal or other proper grounds.(5) Before instituting an inspection on a written complaint lodged with it by any person, the Council —(a)shall require prima facie evidence that a ground of complaint exists; and(b)may require the payment by that person to the Council of a reasonable sum to be fixed by it to cover the costs of the inspection, and the costs of the solicitor-trustee against whom the complaint is made.(6) The Council may deal with any sum so paid in such manner as it thinks fit.(7) In this rule, “bank pass book” and “bank statement” mean, respectively, a pass book and a statement issued by a bank in respect of any client account maintained at such bank, and includes a pass book and a statement issued by an approved finance company in respect of a client account maintained at such finance company.

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