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Solicitors (Scotland) Act 1980, Section 52 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Part II of Schedule 4, shall have effect in relation to the procedure and powers of the Tribunal in relation to any complaint [F2or appeal] concerning a solicitor [F3or an incorporated practice].
(2)Subject to the other provisions of this Part [F4, the provisions of sections 16 to 23 of the 1990 Act], and of any rules of court made under this Act, the Tribunal, with the concurrence of the Lord President, may make rules—
(a)for regulating the making, hearing and determining of complaints made to it under this Act; and
[F5(aa)for regulating the making, hearing and determining of appeals made to it under section F6. . . [F742ZA(9), (10), (11) or (12), 42ZD(1)] or 53D(1);]
[F8(ab)for regulating the making, hearing and determining of—
(i)inquiries under subsection (2A) of section 20 of the 1990 Act; and
(ii)appeals under subsection [F9(8A)(b), (11)(b) or (11ZC)] of that section.
[F10(iii)appeals under section 20ZB(9), (10), (11) or (12) or 20ZE(1) of that Act;]]
(b)generally as to the procedure of the Tribunal (including provision for hearings taking place in public or wholly or partly in private).
[F11(3)Rules made by the Tribunal under subsection (2) for regulating the making, hearing or determining of appeals referred to in paragraph (aa) or (ab)(ii) of that subsection may include provision as to persons being entitled, or required by the Tribunal, to appear or be represented at the appeal.]
Textual Amendments
F1S. 52: words in sidenote inserted (1.10.2008) by virtue of Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(18)(a) (with s. 77); S.S.I. 2008/311, art. 2
F2Words in s. 52(1) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(18)(b) (with s. 77); S.S.I. 2008/311, art. 2
F3Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 27
F4Words in s. 52(2) inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 13(c)(i), 21(2)(3); S.S.I. 2003/384, art. 2
F5S. 52(2)(aa) inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 15
F6Words in s. 52(2)(aa) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(10), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
F7Word in s. 52(2)(aa) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(18)(c)(i) (with s. 77); S.S.I. 2008/311, art. 2
F8S. 52(2)(ab) inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 13(c)(ii), 21(2)(3); S.S.I. 2003/384, art. 2
F9Words in s. 52(2)(ab)(ii) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(18)(c)(ii) (with s. 77); S.S.I. 2008/311, art. 2
F10S. 52(2)(ab)(iii) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(18)(c)(iii) (with s. 77); S.S.I. 2008/311, art. 2
F11S. 52(3) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(18)(d) (with s. 77); S.S.I. 2008/311, art. 2
Modifications etc. (not altering text)
C1S. 52 applied by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 31(10), 45, Sch. 4 para. 2
C2S. 52(1) applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 13}
C3S. 52(2) modified (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 14}
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