http://www.legislation.gov.uk/ukpga/1980/46/section/40Solicitors (Scotland) Act 1980An Act to consolidate certain enactments relating to solicitors and notaries public in Scotland.1980-11-01texttext/xmlenStatute Law Database2025-04-24Expert Participation2024-03-04 Part III Professional Practice, Conduct and Discipline of Solicitors Powers of Council to intervene Powers where failure to comply with accounts rules <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>401Where the Council are satisfied, in the case of any solicitor or incorporated practice, after enquiry and after giving the solicitor or, as the case may be, incorporated practice an opportunity of being heard, that the solicitor or, as the case may be, incorporated practicehas failed or is failing to comply with any provisions of—zarules made by virtue of section 34(1D),asection 35 or the accounts rules made under that section, orbsection 37 or the accountant’s certificate rules or other rules made under that section,so far as applicable in his or, as the case may be, its case (in this section referred to as “the applicable provisions”), the Council may, subject to the provisions of this sectionawithdraw the practising certificate held by the solicitor or, as the case may be—bwithdraw the practising certificate or certificates of any or all of the solicitors who are directors of the incorporated practice,and a certificate so withdrawn shall thereupon cease to have effect and the solicitor shall be suspended from practice as a solicitor.2On being satisfied by the solicitor that he or, as the case may be, by the incorporated practice that it is able and willing to comply with the applicable provisions, the Council, unless they are of opinion that the solicitor or, as the case may be, the incorporated practice is liable to disciplinary proceedings under Part IV, shall terminate the suspension from practice of the solicitor or solicitors concerned and shall restore to him or them any practicing certificate or certificates held by him or them for the practice year then current.3Within 21 days after receiving written notice of a decision of the Council under this section to withdraw his practising certificate, or to refuse to terminate his suspension from practice, the solicitor may appeal to the Court against a decision; and on any such appeal the Court may give such directions in the matter, including directions as to the expenses of the proceedings before the Court, as it may think fit; and the order of the Court shall be final.4Any withdrawal of a solicitor’s practising certificate by the Council in exercise of the power conferred by subsection (1) shall be without prejudice to the operation of section 34(4ZA), section 35(3) or section 37(8).5The Council shall notify the Commission of any case—awhere any of the following things occur—ithey withdraw a practising certificate under subsection (1);iithey terminate a suspension from practice and restore a practising certificate under subsection (2);iiithe Court makes an order under subsection (3); andbwhich does not involve a complaint remitted to the Council under section 6(2)(a) or 15(5)(a) of the 2007 Act.S. 40 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 13Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 18(a)Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 12 “(a)” inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 18(a)Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 18(a)Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 18(b)Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 18(b)Word substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 18(c)S. 40(5) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(12) (with s. 77); S.S.I. 2008/311, art. 2Word in s. 40(5)(b) substituted (1.1.2015) by The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232), regs. 1(2), 3(1) (with reg. 4)S. 40(1)(za) inserted (10.1.2019) by The Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1337), regs. 1(2), 6(3)Words in s. 40(4) inserted (10.1.2019) by The Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1337), regs. 1(2), 6(4)