Solicitors (Scotland) Act 1980

18 Suspension of practising certificates. S

(1) If—

(a) in pursuance of the [F1 M1 Mental Health (Scotland) Act 1984], a solicitor is, by reason of mental disorder, admitted to a hospital and becomes liable to be detained there F2 . . .;

[F3 (b) a guardian is appointed to a solicitor under the Adults with Incapacity (Scotland) Act 2000 (asp 4);]

(c) the estate of the solicitor is sequestrated;

(d) a solicitor grants a trust deed for behoof of creditors;

(e) a judicial factor is appointed on the estate of the solicitor under section 41;

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

[F4 (1A) If—

(a) an administration or winding up order, or an appointment of a provisional liquidator, liquidator, receiver or judicial factor has been made in relation to the incorporated practice; or

(b) a resolution has been passed for the voluntary winding-up of an incorporated practice (other than a resolution passed solely for the purpose of reconstruction or amalgamation of the incorporated practice with another incorporated practice),

the recognition under section 34(1A) of the incorporated practice shall be thereby revoked.]

(2) On the occurrence of any of the circumstances mentioned in. . . F5 subsection (1), the solicitor in question shall intimate those circumstances to the Council in writing immediately.

(3) On the occurrence of the cirumstances mentioned in paragraphs (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.

[F6 (3A) On the occurence of the circumstances mentioned in—

(a) paragraph (a) of subsection (1A), the administrator, provisional liquidator, liquidator, receiver or, as the case may be, judicial factor appointed in relation to the incorporated practice;

(b) paragraph (b) of subsection (1A), the incorporated practice

shall immediately intimate that fact to the Council.]

Textual Amendments

F1 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 46

F2 Words in s. 18(1)(a) repealed (1.4.2002) by 2000 asp 4, s. 88(2)(3), Sch. 5 para. 15(a), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F3 S. 18(1)(b) substituted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 15(b); S.S.I. 2001/81, art. 3, Sch. 2

F4 S. 18(1A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 2(a)

F5 Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

F6 S. 18(3A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 2(b)

Marginal Citations

M1 1984 c. 36.