Regulation of Legal Services (Scotland) Act 2025

Prospective

Registration certificates S

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

(2) In section 24C (discretion of Council in special cases)—

(a) in subsection (2)(h)—

(i) in the opening words, the words “, after a complaint has been made” are repealed,

(ii) in sub-paragraph (i), for “relating to his conduct of the business of a client” substitute “the Council are investigating a conduct complaint remitted to them under section 6(2) of the 2007 Act (or is treated as having been so remitted by virtue of section 33A(2) of that Act),”,

(iii) in sub-paragraph (ii), at beginning insert “after a complaint has been made”,

(b) after subsection (2)(i) insert—

“(j) where the registered European lawyer’s registration certificate is subject to conditions.”,

(c) in subsection (3), for “or (g)” substitute “, (g) or (j)”,

(d) after subsection (3) insert—

“(3A) Where the Council decide to issue a registration certificate subject to conditions, the Council may, at the request of the registered European lawyer 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 registered European lawyer of their intention to exercise the power,

(b) give the registered European lawyer 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 registered European lawyer.

(3C) The Council must notify the registered European lawyer to whom the registration 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 registered European lawyer fails to comply with any condition of the lawyer’s registration certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”.

(3) After section 24C insert—

“24CA Discretion of Council in other cases

(1) Except in a case where section 24C has effect, the Council may, subject to subsection (2), take any of the following steps in relation to the registration certificate of a registered European lawyer—

(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 registered European lawyer of their intention to exercise the power,

(b) give the registered European lawyer 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 registered European lawyer.

(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 registered European lawyer under subsection (5), must give the registered European lawyer 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 registered European lawyer to whom the registration certificate is issued of their decision to vary. remove or impose conditions and the reasons for their 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 24D.”.

(4) In section 24D (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 registration certificate under section 24C(3A) or 24CA, the registered European lawyer to whom the certificate is issued may appeal to the Court against that decision within 14 days of being notified of it.”,

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

(5) In section 24E (date and expiry of registration certificate), in subsection (2), after “(1)” insert “or a different date specified on the certificate”.

(6) In section 24F (suspension of registration certificate)—

(a) after subsection (1A) insert—

“(1B) The Council may suspend a registered European lawyer from practice as a registered European lawyer if the Council consider it necessary to do so—

(a) in the public interest, or

(b) for the protection of the public.

(1C) Before making a decision to suspend a registered European lawyer from practice by virtue of subsection (1B)(a), the Council must—

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

(b) give the lawyer 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 lawyer.

(1D) Where the Council have made a decision to suspend a registered European lawyer from practice by virtue of subsection (1B)(b), the Council—

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

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

(1E) Where the Council have made a decision to suspend a registered European lawyer from practice under subsection (1B), the Council must notify the lawyer of the suspension as soon as practicable and give reasons for the suspension.”,

(b) after subsection (3) insert—

“(4) Where the Council have been notified by the Commission that a registered European lawyer 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 lawyer has since complied with the direction.”,

(c) title of section 24F becomes “Suspension from practice as registered European lawyer”.

(7) In section 24G (further provisions relating to suspension of registration certificate)—

(a) subsection (1) is repealed,

(b) for subsection (2) substitute—

“(2A) Where a registered European lawyer has been suspended from practice as a registered European lawyer by virtue of section 24F(1)(c) or (d), the suspension expires on the lawyer being granted a discharge.”,

(c) for subsection (3), substitute—

“(3A) Where a registered European lawyer has been suspended from practice as a registered European lawyer by virtue of section 24F(1)(e), the suspension expires on the judicial factor being granted a discharge.”,

(d) subsection (4A) is repealed,

(e) in subsection (4B), for “(4A)” substitute “(4)”,

(f) after subsection (4B), insert—

“(4C) Where a registered European lawyer is suspended from practice as a registered European lawyer by virtue of paragraphs (c), (d) or (e) of section 24F(1) or by virtue of section 24F(1A) or (1B), the Council may, on their own initiative, decide to terminate the suspension with or without conditions.”,

(g) in subsection (5), after “section 24F(1A)” insert “or (1B)”,

(h) after subsection (6), insert—

“(6A) Where the Council have made a decision—

(a) to terminate the suspension of a registered European lawyer under subsection (4C),

(b) to grant an application to terminate the suspension of a registered European lawyer under subsection (6)(a), or

(c) to refuse an application to terminate the suspension of a registered European layer under subsection (6)(b),

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

(i) the title of section 24G becomes “Further provisions relating to suspension from practice as registered European lawyer”.

Commencement Information

I1 Sch. 3 para. 25 not in force at Royal Assent, see s. 103(3)