198.    The Act of 1994 is amended by the substitution of the following for section 14A:

“14A. (1) For the avoidance of doubt, it is hereby declared that the power of the Society to investigate alleged misconduct by a solicitor may be exercised whether or not the Society receive—

(a) a complaint in relation to the solicitor, or

(b) a request under section 59 of the Legal Services Regulation Act 2015 for the investigation into any matter that is relevant to a complaint under Part 6 of that Act in relation to the solicitor.

(2) The Society shall, in addition to exercising its power referred to in subsection (1), conduct an investigation in compliance with a request under section 59 of the Legal Services Regulation Act 2015 for the investigation into any matter that is relevant to a complaint under Part 6 of that Act in relation to the solicitor.

(3) Where the Society, following an investigation, considers that the act or omission the subject of the investigation is not one to which subsection (6) applies, but determines that it warrants the imposition of a sanction under this section, it may—

(a) in accordance with section 71 of the Legal Services Regulation Act 2015, issue a direction to the solicitor concerned to take such measures as are specified in the determination of the Society, being measures specified in respect of solicitors in subsection (5) of that section, or

(b) where the solicitor concerned so consents in writing, take the measure, being the measure specified in section 71(6)(a) of the Legal Services Regulation Act 2015, specified in the determination of the Society.

(4) Where the Society issues one or more than one direction in accordance with subsection (3)(a) and the solicitor complies with each such direction, the complaint shall be considered as determined.

(5) Where the Society (with the consent of the solicitor concerned) takes the measure specified in subsection (3)(b), the complaint shall be deemed to be determined.

(6) (a) Subject to subsection (7), where the Society has commenced its investigation on or after the date on which the Legal Services Regulation Act 2015 comes into operation, and it considers that the act or omission the subject of the investigation is of a kind that is more appropriate for consideration by the Legal Practitioners Disciplinary Tribunal than by it, it may make an application in respect of the matter to it for the holding of an inquiry under section 81 of the Legal Services Regulation Act 2015.

(b) In determining whether it be more appropriate for the matter to be considered by the Legal Practitioners Disciplinary Tribunal, the Society shall have regard to the gravity of the concerns raised and matters disclosed in the complaint and in its investigation.

(7) (a) Where the Society considers that the measure specified in section 71(6)(a) of the Legal Services Regulation Act 2015 is the appropriate measure to be taken as respects the finalisation of its investigation, it shall notify the solicitor concerned to that effect and specify the precise measure (including in the case of a restriction or condition to be placed on the practising certificate of the solicitor, the precise restriction or condition) it proposes to take.

(b) The notification referred to in paragraph (a) shall indicate that unless the solicitor concerned furnishes to the Society his or her consent in writing to the imposition of the specified measures within 21 days of the issue of the notification, the Society will apply to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry under section 81 of the Legal Services Regulation Act 2015.

(c) Where the Society issues a notification pursuant to paragraph (b) and does not receive the written consent of the solicitor concerned within 21 days to the imposition of the specified measures, it shall apply to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry under section 81 of the Legal Services Regulation Act 2015 into the matter, in so far as the Society has not found that the concerns giving rise to its investigation of the matter are unfounded or that the act or omission concerned does not warrant the imposition of a sanction under this section or an application under subsection (7) to the Legal Practitioners Disciplinary Tribunal.

(8) The Society shall notify the Authority of its determination under subsection (3).”.