330.Paragraph 26 amends the 1980 Act to enable the Council to, on their own initiative, terminate the suspension of a solicitor where that solicitor was suspended for charging excessive fees. Where it does so, the Council must notify the solicitor of its decision and the reasons for the decision and restore the solicitor’s practising certificate (and may impose conditions on the certificate). In addition to this, when the Council is satisfied that the solicitor or incorporated practice has met certain requirements (i.e. submitting the account and all documents to the Auditor of the Court of Session for taxation and refunding the client), it must terminate the suspension and restore their practising certificate (and may impose conditions on the certificate).
Schedule 3 — Minor and Consequential Modifications of Enactments Powers where excessive fees etc. charged