Part IVS Complaints and Disciplinary Proceedings

The Scottish Solicitors’ Discipline TribunalS

[F153ZBPowers of Tribunal on appeal: unsatisfactory professional conductS

(1)On an appeal to the Tribunal under section 42ZA(9) the Tribunal—

(a)may quash or confirm the determination being appealed against;

(b)if it quashes the determination, shall quash the censure accompanying the determination;

(c)may quash, confirm or vary the direction being appealed against;

(d)may, where it considers that the solicitor does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Tribunal considers appropriate in that respect;

(e)may, subject to subsection (5), fine the solicitor an amount not exceeding £2000;

(f)may, where it considers that the complainer has been directly affected by the conduct, direct the solicitor to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct.

(2)On an appeal to the Tribunal under section 42ZA(10) the Tribunal—

(a)may quash the determination being appealed against and make a determination upholding the complaint;

(b)if it does so, may, where it considers that the complainer has been directly affected by the conduct, direct the solicitor to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct;

(c)may confirm the determination.

(3)On an appeal to the Tribunal under section 42ZA(11) the Tribunal may, where it considers that the complainer has been directly affected by the conduct, direct the solicitor to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct.

(4)On an appeal under section 42ZA(12) the Tribunal may quash, confirm or vary the direction being appealed against.

(5)The Tribunal shall not direct the solicitor to pay a fine under subsection (1)(e) where, in relation to the subject matter of the complaint, the solicitor has been convicted by any court of an act involving dishonesty and sentenced to a term of imprisonment of not less than 2 years.

(6)Any fine directed to be paid under subsection (1)(e) above shall be treated for the purposes of section 211(5) of the Criminal Procedure (Scotland) Act 1995 (fines payable to HM Exchequer) as if it were a fine imposed in the High Court.

(7)A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in favour of the Council bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(8)The Scottish Ministers may by order made by statutory instrument—

(a)amend subsection (1)(e) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

(b)after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(f) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

(9)A statutory instrument containing an order under—

(a)subsection (8)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

(b)subsection (8)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(10)In this section, “complainer” has the same meaning as in section 42ZA.]

Textual Amendments