xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

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

[F11SThe Tribunal shall consist of not more than 28 members.]

Textual Amendments

[F21ASThe 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

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

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

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

2SEach 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)of a [F4non-lawyer] member, may be re-appointed by the Lord President [F5after consultation with the Secretary of State]; and

(b)of a solicitor member, may be [F6re-appointed by the Lord President] on the recommendation of the Council.]

Textual Amendments

3SThe 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.

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.

5SThe 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6SThere shall be paid to the [F12non-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