OpenLegislation

Section 24G Further provisions relating to suspension of registration certificateF2F1

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 shall have effect in relation to a registration certificate which has ceased to have effect by virtue of section 24F during the period when that registration certificate would, but for that section, have continued in force.

(2)

A registration certificate which has ceased to have effect by virtue of paragraph (c) or (d) of section 24F(1) shall again have effect on the registered European lawyer being granted his discharge.

(3)

A registration certificate which has ceased to have effect by virtue of paragraph (e) of section 24F(1) shall again have effect on the judicial factor being granted his discharge.

(4)

Where a registered European lawyer is suspended from practice as a registered European lawyer by virtue of paragraph (a) F3. . . of section 24F(1), the period of suspension shall, for the purposes of section 24C(2)(e), expire on the registered European lawyer ceasing to be F4detained. . . .

(F54A)

A suspension from practice arising by virtue of section 24F(1A) expires if the grounds for it no longer apply.

(4B)

On the occurrence of any of the circumstances mentioned in subsections (2) to (4A), the lawyer concerned must notify the Council in writing (and without delay).

(5)

Where a registered European lawyer is suspended from practice as a registered European lawyer by virtue of paragraph (c), (d) or (e) of section 24F(1) F6or by virtue of section 24F(1A) , he may at any time apply to the Council to terminate the suspension.

(6)

On an application under subsection (5), the Council may either–

(a)

grant the application with or without conditions; or

(b)

refuse the application.

(7)

If on an application by a registered European lawyer under subsection (5) the Council refuse the application or grant it subject to conditions, the registered European lawyer 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

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. 24G(4) 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

F4

Words in s. 24G 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(5)

F5

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

F6

Words in s. 24G(5) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(4)(b), 150(2); S.S.I. 2011/180, art. 4(a)