Solicitors (Scotland) Act 1980

18 Suspension of practising certificates. S

(1) If—

(a) in pursuance of the [F1 Mental Health (Care and Treatment) (Scotland) Act 2003], a solicitor is, by reason of mental disorder, [F2 detained in hospital]F3 . . .;

[F4 (b) a guardian is appointed to a solicitor under the Adults with Incapacity (Scotland) Act 2000 (asp 4);]

(c) the estate of the solicitor is sequestrated;

(d) a solicitor grants a trust deed for behoof of creditors;

(e) a judicial factor is appointed on the estate of the solicitor under section 41;

any practising certificate for the time being in force of that solicitor shall cease to have effect, and he shall be suspended from practice as a solicitor.

[F5 (1ZA) The Council may suspend from practice a solicitor who—

(a) has been convicted of an offence involving dishonesty, or

(b) in respect of an offence, has been—

(i) fined an amount equivalent to level 4 on the standard scale or more (whether on summary or solemn conviction), or

(ii) sentenced to imprisonment for a term of 12 months or more.]

[F6 (1A) If—

(a) an administration or winding up order, or an appointment of a provisional liquidator, liquidator, receiver or judicial factor has been made in relation to the incorporated practice; or

(b) a resolution has been passed for the voluntary winding-up of an incorporated practice (other than a resolution passed solely for the purpose of reconstruction or amalgamation of the incorporated practice with another incorporated practice),

the recognition under section 34(1A) of the incorporated practice shall be thereby revoked.]

(2) On the occurrence of any of the circumstances mentioned in. . . F7 subsection (1) [F8 or (1ZA)] , the solicitor in question shall intimate those circumstances to the Council in writing immediately.

(3) On the occurrence of the cirumstances mentioned in paragraphs (d) or (e) of subsection (1) the trustee or as the case may be the judicial factor shall intimate his appointment to the Council in writing immediately.

[F9 (3A) On the occurence of the circumstances mentioned in—

(a) paragraph (a) of subsection (1A), the administrator, provisional liquidator, liquidator, receiver or, as the case may be, judicial factor appointed in relation to the incorporated practice;

(b) paragraph (b) of subsection (1A), the incorporated practice

shall immediately intimate that fact to the Council.]

Textual Amendments

F1 Words in s. 18(1)(a) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order (S.S.I. 2005/465), art. 2, {Sch. 1 para. 9(2)(a)}

F2 Words in s. 18(1)(a) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order (S.S.I. 2005/465), art. 2, {Sch. 1 para. 9(2)(b)}

F3 Words in s. 18(1)(a) repealed (1.4.2002) by 2000 asp 4, s. 88(2)(3), Sch. 5 para. 15(a), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

F4 S. 18(1)(b) substituted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 15(b); S.S.I. 2001/81, art. 3, Sch. 2

F5 S. 18(1ZA) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(1)(a), 150(2); S.S.I. 2011/180, art. 4(a)

F6 S. 18(1A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 2(a)

F7 Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

F8 Words in s. 18(2) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 137(1)(b), 150(2); S.S.I. 2011/180, art. 4(a)

F9 S. 18(3A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 2(b)