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Select Committee on Legislation and Security debate -
Tuesday, 10 May 1994

SECTION 18.

Amendments Nos. 64 and 65 are related and may be taken together by agreement.

I move amendment No. 64:

In page 24, line 45, after "affidavit" to insert "(within a specified duration of time to be fixed by the Court)".

It is a question of protecting the English language. It does not make sense at present so I am sure the Minister will agree that the phrase has to be moved up to give it a proper meaning.

I will accept amendments Nos. 64 and 65.

Amendment agreed to.

I move amendment No. 65:

In page 24, lines 51 to 53, to delete "within a specified duration of time to be fixed by the Court,".

Amendment agreed to.

I move amendment No. 66:

In page 25, between lines 44 and 45, to insert the following:

"(vii) direct that the solicitor shall not attend at the place of business of his practice as a solicitor unless otherwise permitted by the Court;

"(viii) direct that the solicitor shall not represent himself as having, or hold himself out as having, any connection with former practice as a solicitor, or permit any other person to so represent that solicitor, unless otherwise permitted by the Court.".

This amendment will give the High Court power to order a solicitor who, for example, has been struck off or suspended to stay away from his former place of business. There have been cases where struck off solicitors have attended their former place of business where a partner may be working. This could be misinterpreted by the public who may think that the stuck off solicitor is still entitled to practise.

Amendment agreed to.

I move amendment No. 67:

In page 26, line 12, to delete "If" and substitute "Where".

Amendment agreed to.

I move amendment No. 68:

In page 26, line 19, to delete "£1,000" and substitute "£5,000, or on conviction on indictment to a term of imprisonment not exceeding 18 months and/or a fine not exceeding £10,000".

Amendment, by leave, withdrawn.
Section 18, as amended, agreed to.
Section 19 agreed to.
SECTION 20.

I move amendment No. 69:

In page 27, line 14, to delete "solicitor" and substitute "person".

This amendment is only a drafting change. The provisions of subsection 3 are intended to apply to a person who may or may not be a solicitor.

Amendment agreed to.
Section 20, as amended, agreed to.
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