SCHEDULES
C1SCHEDULE 4 Constitution, Procedure and Powers of Tribunal
Part I
Constitution
1
The Tribunal shall consist of—
a
b
F11 . . .
F61A
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.
2
Each member of the Tribunal shall retire from office on the expiry of 5 years from the date of his appointment, but F1in the case—
a
of a lay member, may be re-appointed by the Lord President F2after consultation with the Secretary of State; and
b
of a solicitor member, may be F3re-appointed by the Lord President on the recommendation of the Council.
3
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, F4after consultation with the Secretary of State, by the appointment of a lay member.
4
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
The Tribunal shall be deemed to be properly constituted if—
a
at least 4 members are present, and
b
at least 1 lay member is present, and
c
the number of solicitor members present exceeds the number of lay members present. F12and
d
there are present not more than 3 solicitor members for every lay member.
6
There shall be paid to the lay members of the Tribunal out of money provided by Parliament such fees and allowances as the Secretary of State may F5. . . determine.
Sch. 4 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}