The Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004

Amendment of the Solicitors (Scotland) Act 1980

2.  The Solicitors (Scotland) Act 1980 is amended as follows:–

(a) in section 42A(2)(d)(1) (which empowers the Council of the Law Society of Scotland, in upholding a complaint of inadequate professional services by a solicitor, to direct the payment of compensation of a sum not exceeding £1,000), for “£1,000” substitute “£5,000”; and

(b) in section 53A(2)(d)(2) (which empowers the Scottish Solicitors' Discipline Tribunal, in upholding a complaint of inadequate professional services by a solicitor, to direct the payment of compensation of a sum not exceeding £1,000), for “£1,000” substitute “£5,000”.

(1)

Section 42A was inserted by the Solicitors (Scotland) Act 1988 (c. 42), section 1. It was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 29(8) and applied with modifications and extensions by the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (S.S.I. 2000/121), regulation 37(2) and Schedule 2, paragraph 7 and the Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), regulation 13.

(2)

Section 53A was inserted by the Solicitors (Scotland) Act 1988 (c. 42), section 3. It was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 29(11) and applied with modifications and extensions by S.S.I. 2000/121, regulation 37(2) and Schedule 2, paragraph 6 and S.S.I. 2004/383, regulation 13.