244Making of order for striking off roll, cancellation of registration, or suspension from practice

1. The Disciplinary Tribunal may not make an order, under section 242(1)(c), striking the name of a practitioner or former practitioner off the roll or an order, under section 242(1)(d), cancelling the registration of a practitioner or former practitioner unless in its opinion the practitioner or former practitioner is, by reason of his or her conduct, not a fit and proper person to be a practitioner.

2. Except by consent, the Disciplinary Tribunal may not make—

3. an order, under section 242(1)(c), striking the name of a practitioner or former practitioner off the roll; or
4. an order, under section 242(1)(d), cancelling the registration of a practitioner or former practitioner; or
5. an order, under section 242(1)(e), suspending a practitioner or former practitioner from practice,—
unless at least 5 members of the Disciplinary Tribunal are present and vote in favour of the order and those members are either the only members present and voting at the sitting of the Disciplinary Tribunal or the division of the Disciplinary Tribunal or are a majority of the members present and voting at the sitting of the Disciplinary Tribunal or the division of the Disciplinary Tribunal.

6. Where the Disciplinary Tribunal makes an order, under section 242(1)(c), striking the name of a practitioner or former practitioner off the roll or an order, under section 242(1)(d), cancelling the registration of a practitioner or former practitioner, the order is, until the expiry of the time allowed for appeal under section 253 or, if an appeal is commenced, until the determination of the appeal, to take effect only as an order that the practitioner or former practitioner be suspended from practice as a barrister or as a solicitor or as both, or from practice as a conveyancing practitioner, as the case may require.