Regulation of Legal Services (Scotland) Act 2025

Prospective

Practising certificates S

24 (1) The 1980 Act is amended as follows.

(2) In section 15 (discretion of Council in special cases)—

(a) in subsection (2)(i)(i), for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or is treated as having been so remitted by virtue of section 33A(2) of that Act)”,

(b) after subsection (2)(j) insert—

“(k) where the solicitor’s practising certificate is subject to conditions.”,

(c) in subjection (3), for “or (h)” substitute “, (h) or (k)”,

(d) after subsection (3) insert—

“(3A) Where the Council decide to issue a practising certificate subject to conditions, the Council may, at the request of the solicitor to whom the certificate is issued or on their own initiative—

(a) vary the conditions,

(b) remove conditions, or

(c) impose further conditions.

(3B) Before making a decision to vary, remove or impose conditions under subsection (3A), the Council must—

(a) notify the solicitor of their intention to exercise the power,

(b) give the solicitor an opportunity to make representations within 14 days of being notified,

and when exercising that power, must take into account any representations made by the solicitor.

(3C) The Council must notify the solicitor to whom the practising certificate is issued of the decision to vary, remove or impose conditions and the reasons for the decision as soon as practicable after making the decision.”,

(e) in subsection (4), after “conditions,” insert “or vary, remove or impose conditions under subsection (3A),”,

(f) after subsection (4) insert—

“(5) If a solicitor fails to comply with any condition of the solicitor’s practising certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”.

(3) After section 15 insert—

“15A Discretion of Council in other cases

(1) Except in a case where section 15 has effect, the Council may, subject to subsection (2), take any of the following steps in relation to the practising certificate of a solicitor—

(a) vary any conditions imposed by the Council,

(b) remove conditions, or

(c) impose conditions.

(2) The Council may take any of the steps mentioned in subsection (1) only if they consider it necessary to do so—

(a) in the public interest, or

(b) for the protection of the public.

(3) Before making a decision to vary, remove or impose conditions by virtue of subsection (2)(a), the Council must—

(a) notify the solicitor of their intention to exercise the power,

(b) give the solicitor an opportunity to make representations within 14 days of being notified,

and when exercising that power, must take into account any representations made by the solicitor.

(4) Where the Council have made a decision to vary, remove or impose conditions by virtue of subsection (2)(b), the Council—

(a) when notifying the solicitor under subsection (5), must give the solicitor an opportunity to make representations within 14 days of being notified, and

(b) taking into account any representations made, may vary their decision.

(5) The Council must notify the solicitor to whom the practising certificate is issued of their decision to vary, remove or impose conditions and the reasons for the decision as soon as practicable after making the decision.

(6) Where the Council decide to vary, remove or impose conditions, they may, if they think fit, postpone the issue of the certificate pending the hearing and determination of an appeal under section 16.

(7) If a solicitor fails to comply with any condition of the solicitor’s practising certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”.

(4) In section 16 (appeals from decisions of Council)—

(a) in subsection (2), after “conditions,” insert “or decide to vary, remove or impose conditions,”,

(b) after subsection (2) insert—

“(2A) Where the Council have varied conditions of, removed conditions from or imposed conditions on a practising certificate under section 15A, the solicitor to whom the certificate is issued may appeal to the Court against that decision within 14 days of being notified of it.”,

(c) in subsection (3), in the opening words, after “(2)” insert “or (2A)”.

(5) In section 17 (date and expiry of practising certificates), in subsection (2), after “(1)” insert “or a different date specified on the certificate”.

(6) In section 18 (suspension of practising certificates)—

(a) after subsection (1ZA) insert—

“(1ZB) The Council may suspend a solicitor from practice as a solicitor if the Council consider it necessary to do so—

(a) in the public interest, or

(b) for the protection of the public.

(1ZC) Before making a decision to suspend a solicitor from practice by virtue of subsection (1ZB)(a), the Council must—

(a) notify the solicitor of their intention to make a decision,

(b) give the solicitor an opportunity to make representations within 14 days of being notified,

and when making a decision, must take into account any representations made by the solicitor.

(1ZD) Where the Council have made a decision to suspend a solicitor from practice by virtue of subsection (1ZB)(b), the Council—

(a) when notifying the solicitor under subsection (1ZE), must give the solicitor an opportunity to make representations within 14 days of being notified, and

(b) taking into account any representations made, may vary their decision.

(1ZE) Where the Council have made a decision to suspend a solicitor from practice under subsection (1ZB), the Council must notify the solicitor of the suspension as soon as practicable and give reasons for the suspension.”,

(b) after subsection (3A) insert—

“(4) Where the Council have been notified by the Commission that a solicitor has failed to comply with a direction under section 10 of the 2007 Act, the Council may, when considering a suspension under this section, contact the Commission to ascertain whether the solicitor has since complied with the direction.”,

(c) the title of section 18 becomes “Suspension from practice as solicitor”.

(7) In section 19 (further provisions relating to suspension of practising certificates)—

(a) subsection (1) is repealed,

(b) for subsections (4) and (5) substitute—

“(4) Where a solicitor has been suspended from practice as a solicitor by virtue of section 18(1)(c) or (d), the suspension expires on the solicitor being granted a discharge.

(5) Where a solicitor has been suspended from practice as a solicitor by virtue of section 18(1)(e), the suspension expires on the judicial factor being granted a discharge.”,

(c) subsection (5B) is repealed,

(d) in subsection (5C), for “(5B)” substitute “(5A)”,

(e) after subsection (5C), insert—

“(5D) Where a solicitor is suspended from practice as a solicitor by virtue of paragraphs (c), (d) or (e) of section 18(1) or by virtue of section 18(1ZA) or (1ZB), the Council may, on their own initiative, decide to terminate the suspension with or without conditions.”,

(f) in subsection (6), after “section 18(1ZA)” insert “or (1ZB)”,

(g) after subsection (7), insert—

“(7A) Where the Council have made a decision—

(a) to terminate the suspension of a solicitor under subsection (5D),

(b) to grant an application to terminate the suspension of a solicitor under subsection (7)(a), or

(c) to refuse an application to terminate the suspension of a solicitor under subsection (7)(b),

the Council must notify the solicitor of the decision and the reasons for the decision as soon as practicable after making the decision.”,

(h) the title of section 19 becomes “Further provisions relating to suspension from practice as solicitor”.

(8) In section 20 (Council’s duty to supply lists of solicitors holding practising certificates), after subsection (1)(b) insert—

“(c) any other body the Council consider necessary for the fulfilment of the Council’s regulatory duties,”.

Commencement Information

I1 Sch. 3 para. 24 not in force at Royal Assent, see s. 103(3)