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SCHEDULES

SCHEDULE 4S Constitution, Procedure and Powers of Tribunal

Modifications etc. (not altering text)

C1Sch. 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}

Part IS

ConstitutionS

1The Tribunal shall consist of—

(a)not less than [F110] and not more than [F114] members (in this Part referred to as “solicitor members”) who are solicitors recommended by the Council as representatives of the solicitors’ profession throughout Scotland, and [F2appointed by the Lord President;]

(b)[F38] members (in this Part referred to as “lay members”) who are neither solicitors nor advocates, [F4appointed by the Lord President after consultation with the Secretary of State.]

F5 . . .

Textual Amendments

F5Words following Sch. 4 para. 1(b) repealed (3.6.1991.)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)(a)(iv), Sch. 9; S.I. 1991/1252, art. 3, Sch. 1

Valid from 23/11/2007

[F61ASThe 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

Valid from 23/11/2007

1BSThe 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

Valid from 23/11/2007

1CSThe 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

Valid from 23/11/2007

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

Textual Amendments

2Each member of the Tribunal shall retire from office on the expiry of 5 years from the date of his appointment, but [F7in the case—

(a)of a lay member, may be re-appointed by the Lord President [F8after consultation with the Secretary of State]; and

(b)of a solicitor member, may be [F9re-appointed by the Lord President] on the recommendation of the Council.]

Textual Amendments

3The 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, [F10after consultation with the Secretary of State,] by the appointment of a lay member.

Textual Amendments

4SThe 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.

5The 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. [F11and

(d)there are present not more than 3 solicitor members for every lay member.]

Textual Amendments

6There 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 F12. . . determine.

Textual Amendments