OpenLegislation

Section 19 Further provisions relating to suspension of practising certificates.

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The provisions of this section have effect in relation to a practising certificate which has ceased to have effect by virtue of section 18 during the period when that certificate would, but for that section, have continued in force.

2)(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4)

A practising certificate which has ceased to have effect by virtue of paragraphs (c) or (d) of section 18(1) shall again have effect on the solicitor being granted his discharge.

(5)

A practising certificate which has ceased to have effect by virtue of paragraph (e) of section 18(1) shall again have effect on the judicial factor being granted his discharge.

F2(5A)

Where a solicitor is suspended from practice as a solicitor by virtue of paragraph (a) or (b) of section 18(1), the period of suspension shall, for the purposes of section 15(2)(f), expire on the solicitor ceasing to be F3detained in hospital or subject to guardianship or, as the case may be, on the curator bonis being discharged.

F4(5B)

A suspension from practice arising by virtue of section 18(1ZA) expires if the grounds for it no longer apply.

(5C)

On the occurrence of any of the circumstances mentioned in subsections (4) to (5B), the solicitor concerned must notify the Council in writing (and without delay).

(6)

Where a solicitor is suspended from practice as a solicitor by virtue of paragraphs (c), (d) or (e) of section 18(1) F5or by virtue of section 18(1ZA) , he may at any time apply to the Council to terminate the suspension.

(7)

On an application under subsection (6), the Council may either—

(a)

grant the application with or without conditions; or

(b)

refuse the application

(8)

If on an application by a solicitor under subsection (6), the Council refuse the application or grant it subject to conditions, the solicitor may appeal against the decision to the Court, who may—

(a)

affirm the decision; or

(b)

vary any conditions imposed by the Council; or

(c)

terminate the suspension either with or without conditions.

Annotations

Textual amendments

F1

S. 19(2)(3) repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

F2

S. 19(5A) inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 6

F3

Words in s. 19(5A) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 9(3)

F4

S. 19(5B)(5C) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(2)(a), 150(2); S.S.I. 2011/180, art. 4(a)

F5

Words in s. 19(6) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(2)(b), 150(2); S.S.I. 2011/180, art. 4(a)