3E+WThe powers conferred by Part II of this Schedule shall also be exercisable, subject to paragraphs 5(4) and [F110(9)], where—
[F2(a)the Society is satisfied that there has been undue delay—
(i)on the part of a solicitor in connection with any matter in which the solicitor or his firm is or was acting on behalf of a client or with any trust, or
(ii)on the part of an employee of a solicitor in connection with any trust of which the employee is or was a trustee in his capacity as such an employee; 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 [F3Society regards] 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.
Textual Amendments
F1Word in Sch. 1 para. 1(3) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 77(3)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i) (subject to art. 4)
F2Sch. 1 para. 1(3)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 77(3)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i) (subject to art. 4)
F3Words in Sch. 1 para. 1(3)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 77(3)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i) (subject to art. 4)