326.Paragraph 24 amends the 1980 Act in relation to practising certificates. It amends section 15 of the 1980 Act to allow the Council, where it has issued a practising certificate subject to conditions, to vary, remove or impose further conditions. It may do so at the request of the solicitor to whom the practising certificate is issued, or on its own initiative. Before doing so, the Council must notify the solicitor of their intention to do so and give the solicitor 14 days to make representations. The Council must take those representations into account when exercising the power. It also provides that failure of a solicitor to comply with a condition of their practising certificate may be treated as professional misconduct or unsatisfactory professional conduct.
327.Paragraph 24 also inserts new section 15A into the 1980 Act with the effect that, except where section 15 has effect, the Council may vary, remove and impose further conditions on the practising certificate both at the point at which the certificate is issued, or at any other time where the Council consider it necessary to do so in the public interest or for the protection of the public. Section 16 is amended to enable a solicitor to appeal to the Court of Session within 14 days of being notified of the decision to vary, remove or impose conditions on their practising certificate under section 15 or 15A.
328.Paragraph 24 also amends section 18 of the 1980 Act with respect to the suspension of solicitors. The amendment enables the Council to suspend from practice a solicitor if the Council considers it is necessary to do so in the public interest or for the protection of the public. Where it intends to do so in the public interest, the Council must notify the solicitor of its intention and give the solicitor 14 days to make representations (and must take those into account when making its decision).
329.Paragraph 25 makes similar amendment with respect to the registration certificates of registered European lawyers and the suspension of registered European lawyers.
Schedule 3 — Minor and Consequential Modifications of Enactments Practising certificates and registration certificates