I move amendment No. 79:
In page 36, line 33, to delete "If" and substitute "Where".
SECTION 28.
Amendment agreed to.
I move amendment No. 80:
In page 37, between lines 19 and 20, to insert the following:
"(iv) directing the solicitor to make himself available before the Court on a specified date and at a specified time for oral examination under oath in relation to the contents of any affidavit of assets sworn by him pursuant to paragraph (iii) of this subsection.
The High Court has a similar power under section 18 of the Bill when it considers a report of the Disciplinary Tribunal into misconduct by a solicitor. It is appropriate that the High Court should similarly have this power in this section dealing with freezing orders were dishonesty is suspected or where a solicitor has abandoned the practice. This amendment is for the sake of consistency.
Amendment agreed to.
I amove amendment No. 81:
In page 37, to delete lines 20 to 26, and substitute the following:
"(6) Where the High Court makes in relation to a solicitor an order under subsection (1) of this section, the solicitor shall forthwith lodge (or cause to be lodged) in the manner prescribed under section 66 (1) (as substituted by the Solicitors (Amendment) Act, 1994) of the Principal Act any clients' moneys subsequently received by him to the appropriate client account or client accounts, unless otherwise ordered by the Court.".
This is essentially a drafting amendment which requires a solicitor to lodge client's money in accordance with the provisions of section 66 of this Bill, which we will be dealing with in due course.
Amendment agreed to.
I move amendment No. 82:
In page 37, line 27, to delete "fails, neglects or refuses" and substitute "refuses, neglects or otherwise fails without reasonable excuse".
Amendment agreed to.
I move amendment No. 83:
In page 37, line 31, to delete "If" and substitute "Where".
Amendment agreed to.
Section 28, as amended, agreed to.