PART 1 Introduction

Citation and Commencement

1.  These Rules may be cited as the Solicitors (Disciplinary Proceedings) Rules 2007 and shall come into force on 14th January 2008.

Interpretation

2.—(1) In these Rules—

“the Act” means the Solicitors Act 1974;

“applicant” means a person making an application;

“application” means an application made under these Rules;

“case to answer” means an arguable or prima facie case;

“clerk” means any clerk to the Tribunal appointed under Rule 3 (including the Clerk);

“the Clerk” means the clerk to the Tribunal who is in office at the date these Rules come into force, or the clerk subsequently appointed under Rule 3(5);

“Division” means a division of three members of the Tribunal appointed for the hearing of an application or any matter connected with an application;

“the Law Society” includes any duly constituted committee of the Law Society or any body or person exercising delegated powers of the Law Society;

“respondent” means any party to an application other than the applicant;

“recognised body” has the same meaning as in section 9 of the Administration of Justice Act 1985(2);

“the Roll” means the Roll of Solicitors kept by the Law Society under section 6 of the Act;

“solicitor members” and “lay members” have the same meanings as in section 46 of the Act;

“Statement” means a written statement (including a witness statement) containing a statement of truth;

“the Tribunal” means the Solicitors Disciplinary Tribunal and where a Division has been appointed for the hearing of an application or any matter connected with it, includes a Division.

(2) References in these Rules to solicitors include, where appropriate, former solicitors.

(3) References in these Rules to registered foreign lawyers are references to lawyers whose names are entered in the register of foreign lawyers maintained under section 89 of the Courts and Legal Services Act 1990(3) and include, where appropriate, those who have ceased to be registered in that register or whose registration has been suspended.

(4) References in these Rules to registered European lawyers are references to lawyers whose names are entered in the register of registered European lawyers maintained by the Law Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000(4) and include, where appropriate, those who have ceased to be registered in that register or whose registration has been suspended.