Solicitors (Scotland) Act 1980

[F1 Appeals S

Textual Amendments

F1 Sch. 4 paras. 23–25 added by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(e)

23 S The foregoing provisions of Part II of this Schedule shall apply in relation to an appeal to the Tribunal under section [F2 42ZA(9), (10), (11) or (12), section 42ZD(1)]F3 . . . or section 53D(1) as they apply in relation to a complaint, but with the following modifications—

(a) for references to a complaint [F4 (except in paragraph 14A)] there shall be substituted references to an appeal;

(b) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) paragraphs F6 . . . 9 and 10 shall not apply;

[F7 (ca) in paragraph 11, for the words “complainer and respondent” there shall be substituted “ parties to the appeal ”;

(cb) in paragraph 12—

(i) for the words “the complainer or the respondent” there shall be substituted “ any party to the appeal ”;

(ii) for the word “respondent” where it second appears there shall be substituted “ solicitor, the firm of solicitors or, as the case may be, the incorporated practice ”;

(iii) for the words “complainer and to the respondent” there shall be substituted “ parties to the appeal ”;

(cc) in paragraph 14A(a), after the word “complaint” there shall be inserted “ (as respects which the appeal was made) ”;

(cd) in paragraph 15, for the words “respondent, the complainer and, as the case may be, the person who made the complaint as respects which the appeal was made to the Tribunal” there shall be substituted “ parties to the appeal and, if the person who made the complaint as respects which the appeal was made was not a party to the appeal, to that person ”;

(ce) in paragraph 16, after paragraph (e) there shall be inserted—

“(ea) under section 42ZD(2); or

(eb) under section 53ZB(1), (2), (3) or (4); or”;] and

[F8 (d) in paragraph 19, for the words from the beginning to “respondent” there shall be substituted The Tribunal may make such order as it thinks fit as to the payment by any party to the appeal;]

Textual Amendments

F2 Words in Sch. 4 para. 23 inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(i) (with s. 77); S.S.I. 2008/311, art. 2

F3 Words in Sch. 4 para. 23 repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(19)(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

F4 Words in Sch. 4 para. 23(a) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(ii) (with s. 77); S.S.I. 2008/311, art. 2

F5 Sch. 4 para. 23(b) repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(iii) (with s. 77); S.S.I. 2008/311, art. 2

F6 Words in Sch. 4 para. 23(c) repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(iv) (with s. 77); S.S.I. 2008/311, art. 2

F7 Sch. 4 para. 23(ca)-(ce) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(v) (with s. 77); S.S.I. 2008/311, art. 2

F8 Sch. 4 para. 23(d) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(vi) (with s. 77); S.S.I. 2008/311, art. 2

24 S Subject to Part IV, the Tribunal may dismiss an appeal without holding an inquiry if—

(a) they are of the opinion that the appeal is manifestly ill-founded; or

(b) the appellant fails to comply with any rule made under section 52.

25 S The Tribunal shall give notice of the appeal to the [F9 solicitor, the firm of solicitors or, as the case may be, the incorporated practice, to the person who made the complaint in respect of which the appeal was made and, as the case may be,] to the Council and shall enquire into the matter, giving the appellant and the complainer reasonable opportunity to make representations to the Tribunal.]

Textual Amendments

F9 Words in Sch. 4 para. 25 substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(d) (with s. 77); S.S.I. 2008/311, art. 2