Continued
38. (1) The Registrar shall make the appropriate entry or alteration in the Court Roll and publish the appropriate notice in the Gazette whenever the Court orders the name of an attorney-at-law to be removed from the Court Roll or that the attorney-at-law be suspended from practising law; where by the virtue of any law, the name of an attorney-at-law is removed from the Court Roll or an attorney-at-law is suspended from practising law, but where there is an appeal against any order from which the removal or suspension results, the Registrar shall take no action under this section until the order has been confirmed on appeal
(2) Where the name of an attorney-at-law is removed from the Court Roll his practice certificate ceases to be valid for the period of that suspension.
(3) During the period of suspension of an attorney-at-law from practising law, no practice certificate shall be issued to him and any practice certificate issued to him prior to suspension, ceases to be valid for the period of that suspension.
39. (1) For the purposes of hearing applications made pursuant to section 35, the Committee may sit in more than one division.
(2) Subject to the directions of the Committee, the Chairman of the Committee shall determine the composition of each division, and each division shall elect its own Chairman from among its members: Provided that a division shall not consist of less than five members of the Committee.
40. (1) The Committee may make rules –
(a) regulating the presentation, hearing and determination of application to the Committee under this Act;
(b) providing for the payment of any costs by the applicant or attorney-at law;
(c) prescribing the fees to be paid by an attorney-at-law for the restoration of his name to the Court Roll, or any other thing which may be or is required to be prescribed for the purpose of this part; and
(d) generally for the better performance of its functions under this part.
(2) The Rules contained in the first Schedule shall be in force until they are amended or revoked by rules made by the committee under subsection (1)
(3) For purpose of any application made to it under this Act, the Committee shall have the powers of the Court to issue writs of subpoena ad testficandum or duces tecum, and to examine witnesses and parties concerned on oath.
41. (1) Every order made by the Committee under section 36 shall be prefaced by a statement’s findings in relation to the facts of the case and shall be signed by the Chairman of the Committee, or division of the Committee as the case may be, so, however, that if the findings are not unanimous, dissenting opinions may be expressed in the statement.
(2) The Committee shall, subject to rules made under section 40, cause a copy of every order of the Committee to be filed with the Registrar.
(3) Every order filed pursuant to subsection (2) shall, as soon as it has been filed, be acted upon by the Registrar and be enforceable in the same manner as a judgment or order of the Court to the like effect.
(4) The Registrar shall upon the filling of any order under this Part, cause a notice stating the effect of operative part of order to be published in the Gazette.
(5) The file of orders made by the Committee may be inspected at the Registry by any, person during office hours, on payment of the prescribed fee.
