Section 16: Duration of suspension of practising certificates., Solicitors Act 1974

Where a practising certificate is suspended, it expires on such date as may be prescribed by regulations under section 28.

Where, on the replacement date for a practising certificate, the certificate is suspended it shall expire on that date.

The suspension of a practising certificate by virtue of section 15(1) by reason of an adjudication in bankrupty shall terminate if the adjudication is annulled and an office copy of the order annulling the adjudication is served on the Society.

The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate—

if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 9.18 of the Insolvency (England and Wales) Rules 2016 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society;

if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order.

Where a solicitor's practising certificate is suspended—

by an order under section 13(4); or

by virtue of section 15(1) by reason of his adjudication in bankruptcyor the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him; or

by virtue of section 15(1) by reason of his suspension from practice and the period of his suspension from practice expires before the date on which his certificate will expire,

by virtue of section 15(1A)

the solicitor may at any time before the certificate expires (and, in the case of adjudication in bankruptcy, while the adjudication remains unannulled) apply to the Society to terminate the suspension.

On an application under subsection (3), the Society may in its discretion—

by order terminate the suspension either unconditionally or subject to such conditions as the Society may think fit; or

refuse the application.

If on an application by a solicitor under subsection (3) the Society refuses the application or terminates the suspension subject to conditions, the solicitor may appeal against the decision of the Society to the High Court, which may—

affirm the decision; or

terminate the suspension either unconditionally or subject to such conditions as it may think fit.

In relation to an appeal under subsection (5) the High Court may make such order as it thinks fit as to payment of costs.

The decision of the High Court on an appeal under subsection (5) shall be final.

Section 16: Duration of suspension of practising certificates.

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