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Solicitors (Scotland) Act 1980
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Solicitors (Scotland) Act 1980, Section 19 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A(2)(ba) inserted by 2010 asp 16 s. 118(3)
- s. 32(1)(d) and word inserted by 2010 asp 16 s. 118(2)(a)(i)
- s. 32(2D) inserted by 2010 asp 16 s. 118(2)(a)(iv)
- Sch. 4 para. 1A(b)(iia) inserted by 2010 asp 16 s. 118(2)(b)
19 Further provisions relating to suspension of practising certificates.S
(1)The provisions of this section have effect in relation to a practising certificate which has ceased to have effect by virtue of section 18 during the period when that certificate would, but for that section, have continued in force.
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4)A practising certificate which has ceased to have effect by virtue of paragraphs (c) or (d) of section 18(1) shall again have effect on the solicitor being granted his discharge.
(5)A practising certificate which has ceased to have effect by virtue of paragraph (e) of section 18(1) shall again have effect on the judicial factor being granted his discharge.
[F2(5A)Where a solicitor is suspended from practice as a solicitor by virtue of paragraph (a) or (b) of section 18(1), the period of suspension shall, for the purposes of section 15(2)(f), expire on the solicitor ceasing to be [F3detained in hospital] or subject to guardianship or, as the case may be, on the curator bonis being discharged.]
[F4(5B)A suspension from practice arising by virtue of section 18(1ZA) expires if the grounds for it no longer apply.
(5C)On the occurrence of any of the circumstances mentioned in subsections (4) to (5B), the solicitor concerned must notify the Council in writing (and without delay).]
(6)Where a solicitor is suspended from practice as a solicitor by virtue of paragraphs (c), (d) or (e) of section 18(1) [F5or by virtue of section 18(1ZA)] , he may at any time apply to the Council to terminate the suspension.
(7)On an application under subsection (6), the Council may either—
(a)grant the application with or without conditions; or
(b)refuse the application
(8)If on an application by a solicitor under subsection (6), the Council refuse the application or grant it subject to conditions, the solicitor 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.
Textual Amendments
F1S. 19(2)(3) repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2
F2S. 19(5A) inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 6
F3Words in s. 19(5A) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order (S.S.I. 2005/465), art. 2, {Sch. 1 para. 9(3)}
F4S. 19(5B)(5C) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(2)(a), 150(2); S.S.I. 2011/180, art. 4(a)
F5Words in s. 19(6) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(2)(b), 150(2); S.S.I. 2011/180, art. 4(a)
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