Solicitors (Scotland) Act 1980

[F1Registration certificates for registered European LawyersS

F224A Applications for registration certificatesS

(1)Subject to sections 24B to 24G below, the Council may make rules with respect to–

(a)applications for;

(b)the issue of;

(c)the keeping of a register for and the issue of,

registration certificates for registered European lawyers as it would make rules under section 13 with respect to practising certificates for enrolled solicitors.

(2)Any person may inspect the register referred to in subsection (1)(c) during office hours without payment.

(3)The making of a false statement by a registered European lawyer in an application for a registration certificate may be treated as professional misconduct by him for the purposes of Part IV, unless he proves the statement was made without intention to deceive.

F324B Issue of registration certificatesS

(1)The Council shall issue to a registered European lawyer on application being made by him, a registration certificate in accordance with rules made by them under section 24A.

(2)The Council shall not issue a registration certificate to a registered European lawyer while his registration is suspended or withdrawn.

F424C Discretion of Council in special casesS

(1)In any case where this section has effect, the applicant shall, unless the Council otherwise order, give to the Council, not less than 6 weeks before he applies for a renewal of a registration certificate, notice of his intention to do so; and the Council may in their discretion–

(a)grant or refuse the application; or

(b)decide to issue a registration certificate to the applicant subject to such conditions as the Council may think fit.

(2)Subject to subsections (3) and (4) below, this section shall have effect in any case where a registered European lawyer applies for a renewal of a registration certificate–

(a)not having held a registration certificate in force within the period of 12 months following the date of his registration; or

(b)when a period of 12 months or more has elapsed since he held a registration certificate in force; or

(c)without having paid in full any fine imposed on him under Part IV; or

(d)without having paid in full any expenses for which he has been found liable under section [F562A] or Part IV; or

(e)when, having been suspended from practice, the period of suspension has expired; or

(f)when, having had his registration withdrawn, he has been registered again; or

(g)after his estate has been sequestrated or he has granted a trust deed for behoof of creditors, whether he has obtained his discharge or not; or

(h)when, after a complaint has been made–

(i)relating to his conduct of the business of a client his attention has been drawn by the Council to the matter, and he has not replied or has not furnished a reply which would enable the Council to dispose of the matter; or

(ii)of delay in disposal of the business of a client he has not completed that business within such period as the Council may fix as being a reasonable period within which to do so,

and in either case has been notified in writing by the Council accordingly; or

(i)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a registration certificate free of conditions is issued by the Council under subsection (1) to a registered European lawyer to whom that subsection has effect by reason of any such circumstances as are mentioned in paragraphs (a), (b), (e), (f) or (g) of subsection (2), this section shall not thereafter have effect in relation to that registered European lawyer by reason of those circumstances.

(4)Where the Council decide to issue a registration certificate subject to conditions, they may, if they think fit, postpone the issue of the registration certificate pending the hearing and determination of an appealunder section 24D.

F724D Appeals from decisions of CouncilS

(1)Where–

(a)an application for a registration certificate is duly made to the Council otherwise than in a case where section 24C has effect and the Council refuse or neglect to issue a registration certificate, the applicant;

(b)the Council refuse to recognise a body corporate as being suitable in terms of section 34(1A) (b), the body corporate,

may apply to the court, who may make such order in the matter as it thinks fit.

(2)Where the Council in exercise of the power conferred on them by section 24C, refuse to issue a registration certificate, or issue a registration certificate subject to conditions, the applicant may appeal to the court against that decision within 14 days of being notified of it.

(3)On an appeal to the court under subsection (2) the court may–

(a)affirm the decision of the Council; or

(b)direct the Council to issue a registration certificate to the applicant subject to such conditions if any as the court thinks fit; or

(c)make such order as it thinks fit.

F824E Date and expiry of registration certificateS

(1)Every registration certificate issued in November of any year shall bear the date of 1st November in that year, and every other registration certificate shall bear the date on which it was issued.

(2)Every registration certificate shall have effect from the date it bears under subsection (1).

(3)Subject to subsection (4), every registration certificate shall expire on 31st October next after it is issued.

(4)On the name of a registered European lawyer being withdrawn from the register or on a registered European lawyer being suspended from practice as a registered European lawyer, any registration certificate for the time being in force of that registered European lawyer shall cease to have effect, but in the case of suspension, if he ceases to be so suspended during the period for which the registration would otherwise have continued in force, the registration certificate shall thereupon again have effect.

F924F Suspension of registration certificateS

(1)If–

(a)in pursuance of the [F10Mental Health (Care and Treatment) (Scotland) Act 2003] a registered European lawyer is, by reason of mental disorder, [F11detained in hospital];

(b)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F13(1A)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) [F14or (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.

F1524G Further provisions relating to suspension of registration certificateS

(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) F16. . . 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 [F17detained]F16. . . .

[F18(4A)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) [F19or 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.]