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Solicitors (Scotland) Act 1980

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This is the original version (as it was originally enacted).

19Further provisions relating to suspension of practising certificates

(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)A practising certificate which has ceased to have effect by virtue of paragraph (a) of section 18(1) shall again have effect on the solicitor ceasing to be liable to be detained or subject to guardianship.

(3)A practising certificate which has ceased to have effect by virtue of paragraph (b) of section 18(1) shall again have effect on the curator bonis being discharged.

(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.

(6)Where a solicitor is suspended from practice as a solicitor by virtue of paragraphs (c), (d) or (e) of section 18(1), 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.

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