3The powers conferred by Part II of this Schedule shall also be exercisable, subject to paragraphs 5(4) and 10(3), where—
(a)a complaint is made to the Society that there has been undue delay on the part of a solicitor in connection with any matter in which the solicitor or his firm was instructed on behalf of a client or with any controlled trust; and
(b)the Society by notice in writing invites the solicitor to give an explanation within a period of not less than 8 days specified in the notice; and
(c)the solicitor fails within that period to give an explanation which the Council regard as satisfactory; and
(d)the Society gives notice of the failure to the solicitor and (at the same or any later time) notice that the powers conferred by Part II of this Schedule are accordingly exercisable.