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Solicitors (Scotland) Act 1980
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Changes to legislation:
Solicitors (Scotland) Act 1980, Section 24C is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 24C:
- s. 12A(2)(ba) inserted by 2010 asp 16 s. 118(3)
- s. 32(1)(d) and word inserted by 2010 asp 16 s. 118(2)(a)(i)
- s. 32(2D) inserted by 2010 asp 16 s. 118(2)(a)(iv)
- Sch. 4 para. 1A(b)(iia) inserted by 2010 asp 16 s. 118(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A(2)(ba) inserted by 2010 asp 16 s. 118(3)
- s. 32(1)(d) and word inserted by 2010 asp 16 s. 118(2)(a)(i)
- s. 32(2D) inserted by 2010 asp 16 s. 118(2)(a)(iv)
- Sch. 4 para. 1A(b)(iia) inserted by 2010 asp 16 s. 118(2)(b)
[F1F224C Discretion of Council in special casesS
(1)In any case where this section has effect, the applicant shall, unless the Council otherwise order, give to the Council, not less than 6 weeks before he applies for a renewal of a registration certificate, notice of his intention to do so; and the Council may in their discretion–
(a)grant or refuse the application; or
(b)decide to issue a registration certificate to the applicant subject to such conditions as the Council may think fit.
(2)Subject to subsections (3) and (4) below, this section shall have effect in any case where a registered European lawyer applies for a renewal of a registration certificate–
(a)not having held a registration certificate in force within the period of 12 months following the date of his registration; or
(b)when a period of 12 months or more has elapsed since he held a registration certificate in force; or
(c)without having paid in full any fine imposed on him under Part IV; or
(d)without having paid in full any expenses for which he has been found liable under section [F362A] or Part IV; or
(e)when, having been suspended from practice, the period of suspension has expired; or
(f)when, having had his registration withdrawn, he has been registered again; or
(g)after his estate has been sequestrated or he has granted a trust deed for behoof of creditors, whether he has obtained his discharge or not; or
(h)when, after a complaint has been made–
(i)relating to his conduct of the business of a client his attention has been drawn by the Council to the matter, and he has not replied or has not furnished a reply which would enable the Council to dispose of the matter; or
(ii)of delay in disposal of the business of a client he has not completed that business within such period as the Council may fix as being a reasonable period within which to do so,
and in either case has been notified in writing by the Council accordingly; or
(i)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where a registration certificate free of conditions is issued by the Council under subsection (1) to a registered European lawyer to whom that subsection has effect by reason of any such circumstances as are mentioned in paragraphs (a), (b), (e), (f) or (g) of subsection (2), this section shall not thereafter have effect in relation to that registered European lawyer by reason of those circumstances.
(4)Where the Council decide to issue a registration certificate subject to conditions, they may, if they think fit, postpone the issue of the registration certificate pending the hearing and determination of an appealunder section 24D.]
Textual Amendments
F1Cross-heading and ss. 24A - 24G and inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)
F2Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)
F3Word in s. 24C(2)(d) substituted (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 211, Sch. 20 para. 5(a) (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
F4S. 24C(2)(i) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(5)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
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