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Part IIS Right to Practise as a Solicitor

Practising CertificatesS

16 Appeals from decisions of Council.S

(1)Where an application for a practising certificate is duly made to the Council otherwise than in a case where

[F1(a)]section 15 has effect and the Council refuse or neglect to issue a practising certificate, the applicant [F2;

(b)the Council refuse to recognise a body corporate as being suitable in terms of section 34(1A)(b), the body corporate]

may apply to the Court, who may make such order in the matter as it thinks fit.

(2)Where the Council in exercise of the power conferred on them by section 15, refuse to issue a practising certificate, or issue a practising certificate subject to conditions, the applicant may appeal to the Court against that decision within 14 days of being notified of it.

(3)On an appeal to the Court under subsection (2) the Court may—

(a)affirm the decision of the Council, or

(b)direct the Council to issue a practising certificate to the applicant subject to such conditions if any as the Court may think fit; or

(c)make such other order as it thinks fit.

Textual Amendments

F1 “(a)” inserted by Law Reform (Miscellaneous Provisions)(Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 1(a)

F2S. 16(1)(b) inserted by Law Reform (Miscellaneous Provisions)(Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 1(b)