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Section 24F Suspension of registration certificateF2F1

Scotland

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

(1)

If–

(a)

in pursuance of the F3Mental Health (Care and Treatment) (Scotland) Act 2003 a registered European lawyer is, by reason of mental disorder, F4detained in hospital;

(b)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the estate of a registered European lawyer is sequestrated;

(d)

a registered European lawyer grants a trust deed for behoof of creditors;

(e)

a judicial factor is appointed on the estate of a registered European lawyer;

any registration certificate for the time being in force of that registered European lawyer shall cease to have effect, and he shall be suspended from practice as a registered European lawyer.

(F61A)

The Council may suspend from practice a registered European lawyer who—

(a)

has been convicted of an offence involving dishonesty, or

(b)

in respect of an offence, has been—

(i)

fined an amount equivalent to level 4 on the standard scale or more (whether on summary or solemn conviction), or

(ii)

sentenced to imprisonment for a term of 12 months or more.

(2)

On the occurrence of any of the circumstances mentioned in subsection (1) F7or (1A) , the registered European lawyer in question shall intimate those circumstances to the Council in writing immediately.

(3)

On the occurrence of the circumstances mentioned in paragraph (d) or (e) of subsection (1) the trustee or as the case may be the judicial factor shall intimate his appointment to the Council in writing immediately.

Annotations

Textual amendments

F1

Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

F2

Cross-heading and ss. 24A - 24G and inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

F3

Words in s. 24F(1)(a) 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(4)(a)

F4

Words in s. 24F(1)(a) 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(4)(b)

F5

S. 24F(1)(b) repealed (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 77(2), 79, Sch. 2; S.S.I. 2007/334, art. 2, Sch. 2

F6

S. 24F(1A) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(3)(a), 150(2); S.S.I. 2011/180, art. 4(a)

F7

Words in s. 24F(2) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(3)(b), 150(2); S.S.I. 2011/180, art. 4(a)