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Solicitors (Scotland) Act 1980, Paragraph 16 is up to date with all changes known to be in force on or before 09 September 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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16SIn the case of a decision by the Tribunal—
(a)ordering a solicitor to be struck off the roll; or
(b)ordering a solicitor to be suspended from practice; or
(c)censuring a solicitor [F1or an incorporated practice]; or
(d)fining a solicitor [F1or an incorporated practice], [F2or
(e)order that the recognition under section 34(1A) of an incorporated practice be revoked][F3; or
(f)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)ordering that an investment business certificate issued to a solicitor, a firm of solicitors or an incorporated practice be—
(i)suspended; or
(ii)subject to such terms and conditions as they may direct; or
(iii)revoked,]
on the expiration of the days of appeal [F5(if any)] without an appeal being lodged or, where an appeal has been lodged, if and as soon as the appeal is withdrawn or a decision by the Court is given in terms of subparagraphs (a) to [F6(h)] or in the case of a decision of the Tribunal under section 53(6) [F7or (6B)] which has not been varied or quashed by the Court [F1or under section 53(6A) which has not been varied by the court], the clerk of the Tribunal shall immediately send to the Council a copy of the decision of the Tribunal certified by him and a copy of the decision by the Court in any appeal, and the Council shall forthwith give effect to any order as to striking the solicitor off the roll and to any terms and conditions directed by the Tribunal under section 53(5); and in any other case shall cause a note of the effect of the decision to be entered against the name of the solicitor in the roll [F8or as revoking the recognition under section 34(1A) of an incorporated practice].
Textual Amendments
F1Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 35(c)
F2Word “or” and para. 16(1)(e) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 35(c)
F3Sch. 4 para. 16(f)–(h) and word “; or” inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)
F4Sch. 4 para. 16(f)(g) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(19)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
F5Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(ii)
F6 “(h)” substituted by virtue of Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(iii)
F7Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(iv)
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