xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
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}
Modifications etc. (not altering text)
C2Sch. 4 Pt. II (paras. 7–22) applied by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 31(10), 45, Sch. 4 para. 2
13SThe Tribunal shall set out in their decision—
(a)in the case of a complaint, the facts proved, and
(b)in the case of a conviction, particulars of the conviction and sentence.
and shall in the case of a complaint add to their decision a note stating the grounds on which the decision has been arrived at.
Modifications etc. (not altering text)
C3Sch. 4 paras. 7-9, 11, 13-15, 18A-22 applied (with modifications) (15.8.2003) by 1990 c. 49, s. 21B(1)(2) (as inserted by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2)(3), Sch. 4 para. 12(9); S.S.I. 2003/384, art. 2)
14SEvery decision on the Tribunal shall be signed by the chairman or other person presiding and [F1shall, subject to paragraph 14A, be published in full].
Textual Amendments
F1Words in Sch. 4 para. 14 substituted (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)(d); S.I. 1991/1252, art. 3, Sch.1
Modifications etc. (not altering text)
C4Sch. 4 paras. 7-9, 11, 13-15, 18A-22 applied (with modifications) (15.8.2003) by 1990 c. 49, s. 21B(1)(2) (as inserted by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2)(3), Sch. 4 para. 12(9); S.S.I. 2003/384, art. 2)
[F214ASIn carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than—
(a)the solicitor against whom the complaint was made; or
(b)his partners; or
(c)his or their families,
but where they so refrain they shall publish their reasons for so doing.]
Textual Amendments
F2Sch. 4 para. 14A inserted (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)(e); S. I 1991/1252, art. 3, Sch.1
Modifications etc. (not altering text)
C5Sch. 4 paras. 7-9, 11, 13-15, 18A-22 applied (with modifications) (15.8.2003) by 1990 c. 49, s. 21B(1)(2) (as inserted by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2)(3), Sch. 4 para. 12(9); S.S.I. 2003/384, art. 2)
15SA copy of every decision by the Tribunal certified by the clerk shall be sent forthwith by the clerk to the respondent [F3, the complainer and, as the case may be, the person who made the complaint as respects which the appeal was made to the Tribunal] intimating the right of appeal available from that decision under this Act.
Textual Amendments
F3Words in Sch. 4 para. 15 substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(b) (with s. 77); S.S.I. 2008/311, art. 2
Modifications etc. (not altering text)
C6Sch. 4 paras. 7-9, 11, 13-15, 18A-22 applied (with modifications) (15.8.2003) by 1990 c. 49, s. 21B(1)(2) (as inserted by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2)(3), Sch. 4 para. 12(9); S.S.I. 2003/384, art. 2)
16SIn the case of a decision by the Tribunal—
(a)ordering a solicitor to be struck off the roll; or
(b)ordering a solicitor to be suspended from practice; or
(c)censuring a solicitor [F4or an incorporated practice]; or
(d)fining a solicitor [F4or an incorporated practice], [F5or
(e)order that the recognition under section 34(1A) of an incorporated practice be revoked][F6; or
(f)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)ordering that an investment business certificate issued to a solicitor, a firm of solicitors or an incorporated practice be—
(i)suspended; or
(ii)subject to such terms and conditions as they may direct; or
(iii)revoked,]
on the expiration of the days of appeal [F8(if any)] without an appeal being lodged or, where an appeal has been lodged, if and as soon as the appeal is withdrawn or a decision by the Court is given in terms of subparagraphs (a) to [F9(h)] or in the case of a decision of the Tribunal under section 53(6) [F10or (6B)] which has not been varied or quashed by the Court [F4or under section 53(6A) which has not been varied by the court], the clerk of the Tribunal shall immediately send to the Council a copy of the decision of the Tribunal certified by him and a copy of the decision by the Court in any appeal, and the Council shall forthwith give effect to any order as to striking the solicitor off the roll and to any terms and conditions directed by the Tribunal under section 53(5); and in any other case shall cause a note of the effect of the decision to be entered against the name of the solicitor in the roll [F11or as revoking the recognition under section 34(1A) of an incorporated practice].
Textual Amendments
F4Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 35(c)
F5Word “or” and para. 16(1)(e) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 35(c)
F6Sch. 4 para. 16(f)–(h) and word “; or” inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)
F7Sch. 4 para. 16(f)(g) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(19)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
F8Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(ii)
F9 “(h)” substituted by virtue of Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(iii)
F10Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(iv)
17SThe Council shall forthwith intimate any order striking a solicitor off the roll or suspending a solicitor from practice to each sheriff clerk and F12 . . ., to the Principal Clerk of Session, and shall [F13, without prejudice to paragraph 14,] cause a notice of the operative part of the order to be published in the Edinburgh Gazette F14[ . . .]
Textual Amendments
F12Words in Sch. 4 para. 17 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)(f)(i), Sch. 9; S.I. 1991/1252, art. 3, Sch.1
F13Words in Sch. 4 para. 17 inserted (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)(f)(ii); S.I. 1991/1252, art. 3, Sch.1
F14Words in Sch. 4 para. 17 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)(f)(iii), Sch. 9; S.I. 1991/1252, art. 3, Sch.1
18SThe file of orders under this Act striking solicitors off the roll, suspending solicitors from practice, or restoring persons to the roll shall be open for inspection at the office of the Society at any reasonable hour by any person without payment of any fee.
[F1518ASWithout prejudice to paragraph 18, the Council shall ensure that a copy of every decision published under paragraph 14 is open for inspection at the office of the Society during office hours by any person without payment of any fee.]
Textual Amendments
F15Sch. 4 para. 18A inserted (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)(g); S.I. 1991/1252, art. 3, Sch.1
Modifications etc. (not altering text)
C7Sch. 4 paras. 7-9, 11, 13-15, 18A-22 applied (with modifications) (15.8.2003) by 1990 c. 49, s. 21B(1)(2) (as inserted by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2)(3), Sch. 4 para. 12(9); S.S.I. 2003/384, art. 2)