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Appeals in connection with issue of practising certificates

Legal Profession Act 1966

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—(1) A solicitor may, within one month after being notified by the Registrar of the Registrar’s decision to do any of the following, appeal to a Judge by originating summons:(a)refuse the solicitor’s application for a practising certificate under section 25A;(b)issue to the solicitor a practising certificate subject to one or more conditions under section 25A;(c)refuse the solicitor’s application for a practising certificate under section 25AA(2)(a);(d)order that the solicitor’s practising certificate be suspended under section 25AA(2)(b).(2) Any appeal under subsection (1) must be served on the Attorney‑General and the Society, and the Attorney‑General and the Society may appear at the hearing to make representations.(3) On an appeal against a decision referred to in subsection (1)(a) or (b), the Judge may —(a)direct the Registrar not to issue a practising certificate to the solicitor;(b)direct the Registrar to issue a practising certificate to the solicitor free of conditions or subject to such conditions as the Judge thinks fit; or(c)make any other order as the Judge thinks fit.(3A) On an appeal against a decision referred to in subsection (1)(c) or (d), the Judge may —(a)affirm the decision of the Registrar;(b)in the case of a decision referred to in subsection (1)(c), direct the Registrar to issue a practising certificate to the solicitor;(c)in the case of a decision referred to in subsection (1)(d), set aside the Registrar’s order under section 25AA(2)(b); or(d)make any other order as the Judge thinks fit.(4) No appeal lies from any order made by a Judge under this section.

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