Part 3Legal profession: other matters
58Constitution of Scottish Solicitors' Discipline Tribunal
1
Schedule 4 to the 1980 Act is amended as follows.
2
For paragraph 1 substitute—
1
The Tribunal shall consist of not more than 28 members.
1A
The Tribunal shall consist of equal numbers of—
a
members (in this Part referred to as “solicitor members”) appointed by the Lord President, who are solicitors recommended by the Council as representatives of the solicitors' profession throughout Scotland; and
b
members (in this Part referred to as “non-lawyer members”) appointed by the Lord President after consultation with the Scottish Ministers, who are not—
i
solicitors;
ii
advocates;
iii
conveyancing practitioners or executry practitioners, within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) (“the 1990 Act”);
iv
persons exercising a right to conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act.
1B
The validity of any proceedings of the Tribunal is not affected by a vacancy in membership of the Tribunal nor by any defect in the appointment of a member.
1C
The Scottish Ministers may by order made by statutory instrument amend paragraph 1 so as to vary the maximum number of members of the Tribunal.
1D
A statutory instrument containing an order made under paragraph 1C is subject to annulment in pursuance of a resolution of the Scottish Parliament.
3
In paragraph 2(a), for “lay” substitute “
non-lawyer
”
.
4
In paragraph 3, for “lay” substitute “
non-lawyer
”
.
5
In paragraph 5—
a
in sub-paragraph (b), for “1 lay member is” substitute “
2 solicitor members are
”
;
b
for sub-paragraph (c) substitute—
c
at least 2 non-lawyer members are present.
c
sub-paragraph (d) is repealed.
6
In paragraph 6, for “lay” substitute “
non-lawyer
”
.