(1) The supervisor of trust money of a law practice has the powers and duties
of the practice in relation to the trust money of the law practice, including
powers—
(a) to receive trust money entrusted to the practice; and
(2) For performing the functions of a
supervisor of trust money of a law practice, the supervisor may do any or all
of the following—
(a) enter and remain on premises used by the law practice
in connection with its engaging in legal practice;
(b) require the law
practice or an associate or former associate of the law practice, or another
person who has or had control of files or documents relating to trust money
received by the practice, to give the supervisor either or both of the
following—
(i) access to the files or documents that the supervisor
reasonably requires;
(ii) information relating to the trust money that the
supervisor reasonably requires;
(c) operate equipment or facilities on the
premises, or require a person on the premises to operate equipment or
facilities on the premises, for a purpose relevant to the supervisor’s
appointment;
(d) take possession of any relevant material and retain it for
as long as may be necessary;
(e) secure any relevant material found on the
premises against interference, if the material can not be conveniently
removed;
(f) take possession of any computer equipment or computer program
reasonably required for a purpose relevant to the supervisor’s appointment.
(3) If the supervisor takes anything from the premises, the supervisor must
issue a receipt, in a law society approved form, and—
(a) if the occupier or
a person apparently responsible to the occupier is present at or near the
premises—give the receipt to the occupier or person; or
(b)
otherwise—leave the receipt at the premises in an envelope addressed to the
occupier.
(4) This section applies to trust money held by the practice before
the supervisor is appointed, as well as to trust money received afterwards.
(5) The supervisor does not have a role in the management of the affairs of
the law practice except in so far as the affairs relate to a trust account of
the practice.
(6) If the supervisor is refused access to the premises or the
premises are unoccupied, the supervisor must advise the law society about the
refusal.
