Regulation of Legal Services (Scotland) Act 2025

Powers where failure to comply with rules

27 (1) Section 40 of the 1980 Act (power where failure to comply with accounts rules etc.) is amended as follows.

(2) After subsection (1) insert—

“(1A) On their own initiative the Council may decide to terminate the suspension of a solicitor under subsection (1) and, where they do so, must restore to the solicitor any practising certificate held by the solicitor for the practice year then current and may impose conditions on the certificate.

(1B) Where the Council have made a decision to terminate the suspension of a solicitor under subsection (1A), the Council must notify the solicitor of the decision and the reasons for the decision as soon as practicable after making the decision.”.

(3) In subsection (2)—

(a) after “provisions” insert “or has complied with the provisions”,

(b) for the words “, unless they are of opinion that the solicitor or, as the case may, the incorporated practice is liable to disciplinary proceedings under Part IV, shall” substitute “may”,

(c) for “shall” where it second occurs substitute “, where they do so, must”,

(d) after “current” insert “and may impose conditions on the certificate”.

(4) After subsection (2), insert—

“(2A) If the Council make a decision under subsection (2) to terminate the suspension of a solicitor from practice on the basis that the solicitor (or the authorised legal business) is willing and able to comply with the applicable provisions—

(a) the Council must specify the period within which the solicitor or authorised legal business is to comply with the provisions, and

(b) the solicitor or authorised legal business must, before the end of that period, notify the Council of having complied with the provisions.

(2B) If a solicitor or authorised legal business, without reasonable excuse, fails to comply with the requirements of subsection (2A), the Council may, as the case may be—

(a) withdraw the practising certificate held by the solicitor, or

(b) withdraw the practising certificate or certificates of any or all of the solicitors who are members, owners, partners or, as the case may be, directors of the authorised legal business,

and suspend the solicitor from practice as a solicitor.”.

(5) In subsection (3), after “certificate” insert “or a decision under subsection (1A) or (2) to restore a solicitor’s practising certificate subject to conditions”.