Solicitors (Scotland) Act 1980

Part I S

Constitution S

[F1 1 S The Tribunal shall consist of not more than 28 members.]

Textual Amendments

F1 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

[F2 1A S 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.

Textual Amendments

F2 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

1B S 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.

Textual Amendments

F2 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

1C S 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.

Textual Amendments

F2 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

1D S A statutory instrument containing an order made under paragraph 1C is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F2 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

2 S Each member of the Tribunal shall retire from office on the expiry of 5 years from the date of his appointment, but [F3 in the case—

(a) of a [F4 non-lawyer] member, may be re-appointed by the Lord President [F5 after consultation with the Secretary of State]; and

(b) of a solicitor member, may be [F6 re-appointed by the Lord President] on the recommendation of the Council.]

Textual Amendments

F3 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 24(b)(ii)

F4 Word in Sch. 4 para. 2(a) substituted (23.11.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(3), 82 (with s. 77); S.S.I. 2007/497, art. 2

F5 Words in Sch. 4 para. 2(a) inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(17)(b)(i); S.I. 1991/1252, art. 3, Sch.1

F6 Words in Sch. 4 para. 2(b) substituted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(17)(b)(ii); S.I. 1991/1252, art. 3, Sch.1

3 S The Lord President may from time to time terminate the appointment of any member of the Tribunal, and may fill any vacany therein by the appointment of a solicitor recommended by the Council or, as the case may be, [F7 after consultation with the Secretary of State,] by the appointment of a [F8 non-lawyer] member.

Textual Amendments

F7 Words in Sch. 4 para. 3 inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(17)(c); S.I. 1991/1252, art. 3, Sch.1

F8 Word in Sch. 4 para. 3 substituted (23.11.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(4), 82 (with s. 77); S.S.I. 2007/497, art. 2

4 S The Tribunal may appoint one of their number to be chairman, and may also appoint a clerk, who shall not be a member of the Tribunal, and, subject to the provisions of this Act, may regulate their procedure in such way as they may think fit.

5 S The Tribunal shall be deemed to be properly constituted if—

(a) at least 4 members are present, and

(b) at least [F9 2 solicitor members are] present, and

[F10 (c) at least 2 non-lawyer members are present.]

(d) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Words in Sch. 4 para. 5(b) substituted (23.11.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(5)(a), 82 (with s. 77); S.S.I. 2007/497, art. 2

F10 Sch. 4 para. 5(c) substituted (23.11.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(5)(b), 82 (with s. 77); S.S.I. 2007/497, art. 2

F11 Sch. 4 para. 5(d) repealed (23.11.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(5)(c), 82 (with s. 77); S.S.I. 2007/497, art. 2

6 S There shall be paid to the [F12 non-lawyer] members of the Tribunal out of money provided by Parliament such fees and allowances as the Secretary of State may F13 . . . determine.

Textual Amendments

F12 Word in Sch. 4 para. 6 substituted (23.11.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(6), 82 (with s. 77); S.S.I. 2007/497, art. 2

F13 Words in Sch. 4 para. 6 repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 65, Pt.IV