Practising certificates 27F (1) The 1980 Act is amended as follows. 10 (2) In section 15 (discretion of Council in special cases)— 1 (a) in subsection (2)(i)(i), for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or is treated as having been so remitted by virtue of section 33A(2) of that Act)”, (b) after subsection (2)(j) insert— 15 “(k) where the solicitor’s practising certificate is subject to conditions.”, (c) in subjection (3), for “or (h)” substitute “, (h) or (k)”, (d) after subsection (3) insert— “(3A) Where the Council decide to issue a practising certificate subject to conditions, the Council may, at the request of the solicitor to whom the certificate is issued 20 or on their own initiative— (a) vary the conditions, (b) remove conditions, or (c) impose further conditions. (3B) Before making a decision to vary, remove or impose conditions under 25 subsection (3A), the Council must— (a) notify the solicitor of their intention to exercise the power, (b) give the solicitor an opportunity to make representations within 14 days of being notified, and when exercising that power, must take into account any representations 30 made by the solicitor. (3C) The Council must notify the solicitor to whom the practising certificate is issued of the decision to vary, remove or impose conditions and the reasons for the decision as soon as practicable after making the decision.”, (e) in subsection (4), after “conditions,” insert “or vary, remove or impose conditions 35 under subsection (3A),”, (f) after subsection (4) insert— 175 Regulation of Legal Services (Scotland) Bill Schedule 3—Minor and consequential modifications of enactments Part 3A—Miscellaneous modifications of the 1980 Act etc. “(5) If a solicitor fails to comply with any condition of the solicitor’s practising certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”. (3) After section 15 insert— 5 “15A Discretion of Council in other cases (1) Except in a case where section 15 has effect, the Council may, subject to subsection (2), take any of the following steps in relation to the practising certificate of a solicitor— (a) vary any conditions imposed by the Council, 10 (b) remove conditions, or 1 (c) impose conditions. (2) The Council may take any of the steps mentioned in subsection (1) only if they consider it necessary to do so— (a) in the public interest, or 15 (b) for the protection of the public. (3) Before making a decision to vary, remove or impose conditions by virtue of subsection (2)(a), the Council must— (a) notify the solicitor of their intention to exercise the power, (b) give the solicitor an opportunity to make representations within 14 days 20 of being notified, and when exercising that power, must take into account any representations made by the solicitor. (4) Where the Council have made a decision to vary, remove or impose conditions by virtue of subsection (2)(b), the Council— 25 (a) when notifying the solicitor under subsection (5), must give the solicitor an opportunity to make representations within 14 days of being notified, and (b) taking into account any representations made, may vary their decision. (5) The Council must notify the solicitor to whom the practising certificate is 30 issued of their decision to vary, remove or impose conditions and the reasons for the decision as soon as practicable after making the decision. (6) Where the Council decide to vary, remove or impose conditions, they may, if they think fit, postpone the issue of the certificate pending the hearing and determination of an appeal under section 16. 35 (7) If a solicitor fails to comply with any condition of the solicitor’s practising certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”. (4) In section 16 (appeals from decisions of Council)— (a) in subsection (2), after “conditions,” insert “or decide to vary, remove or impose 40 conditions,”, 176 Regulation of Legal Services (Scotland) Bill Schedule 3—Minor and consequential modifications of enactments Part 3A—Miscellaneous modifications of the 1980 Act etc.