Solicitors (Scotland) Act 1980

40 Powers where failure to comply with accounts rules etc.

(1) Where the Council are satisfied, in the case of any solicitor, after enquiry and after giving the solicitor an opportunity of being heard, that the solicitor is failing to comply with any provisions of—

(a) section 35 or the accounts rules made under that section, or

(b) section 37 or the accountant's certificate rules or other rules made under that section,

so far as applicable in his case (in this section referred to as " the applicable provisions "), the Council may, subject to the provisions of this section, withdraw the practising certificate held by the solicitor, and the certificate shall thereupon cease to have effect and the solicitor shall be suspended from practice as a solicitor.

(2) On being satisfied by the solicitor that he is able and willing to comply with the applicable provisions, the Council, unless they are of opinion that the solicitor is liable to disciplinary proceedings under Part IV, shall terminate the suspension from practice of the solicitor and shall restore to him any practising certificate held by him for the practice year then current.

(3) Within 21 days after receiving written notice of a decision of the Council under this section to withdraw his practising certificate, or to refuse to terminate his suspension from practice, the solicitor may appeal to the Court against the decision; and on any such appeal the Court may give such directions in the matter, including directions as to the expenses of the proceedings before the Court, as it may think fit; and the order of the Court shall be final.

(4) Any withdrawal of a solicitor's practising certificate by the Council in exercise of the power conferred by subsection (1) shall be without prejudice to the operation of section 35(3) or or section 37(8).