SCHEDULE 4 Constitution, Procedure and Powers of Tribunal
Part I
Constitution
F11
The Tribunal shall consist of not more than 28 members.
F21A
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 F3in the case—
(a)
(b)
of a solicitor member, may be F6re-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, F7after consultation with the Secretary of State, by the appointment of a F8non-lawyer 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 F92 solicitor members are present, and
F10(c)
at least 2 non-lawyer members are present.
(d)
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .