Solicitors (Scotland) Act 1980

PART II Procedure and Powers of Tribunal

Complaints

7 The making of a complaint to the Tribunal or the giving of any information in connection with a complaint shall confer qualified privilege.

8 A complaint made to the Tribunal shall not be withdrawn except with the Tribunal's leave and subject to such conditions with respect to expenses or otherwise as the Tribunal thinks fit.

9 Subject to Part IV, the Tribunal may dismiss a complaint against a solicitor—

(a) without requiring the solicitor to answer the allegations made against him or without holding any enquiry if—

(i) they are of the opinion that the complaint discloses no prima facie case of professional misconduct on the part of the solicitor ; or

(ii) the complainer fails to comply with any rule made under section 52 ; or

(b) without hearing parties if they are of the opinion upon consideration of the complaint and other documents that they disclose no case of professional misconduct on the part of the solicitor.

10 The Tribunal shall give notice of the complaint to the solicitor against whom the complaint is made (" the respondent") and shall enquire into the complaint, giving him reasonable opportunity of making his defence.

11 For the purpose of enquiring into the complaint the Tribunal may administer oaths and receive affirmations ; and the complainer and respondent shall each be entitled—

(a) to require the evidence of parties, witnesses and others interested, and

(b) to call for and recover such evidence and documents, and examine such witnesses, as they think proper, but no person shall be compelled to produce any document which he could not be compelled to produce in an action.

12 On a petition by the complainer or the respondent to the Court, or to the sheriff having jurisdiction in any place in which the respondent carries on business, the Court or, as the case may be, the sheriff, on production of copies (certified by the clerk of the Tribunal) of the complaint and answers, if lodged, together with a statement signed by the clerk specifying the place and date of the hearing of the complaint and certifying that notice to that effect has been given to the complainer and to the respondent, and on being satisfied that it would be proper to compel the giving of evidence by any witness or the production of documents by any haver, may-

(a) grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Tribunal, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b) grant warrant for the recovery of documents ; and

(c) appoint commissioners to take the evidence of witnesses, to examine havers, and to receive exhibits and productions.

Decisions

13 The 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.

14 Every decision on the Tribunal shall be signed by the chairman or other person presiding and may be published in such manner as the Tribunal may determine.

15 A copy of every decision by the Tribunal certified by the clerk shall be sent forthwith by the clerk to the respondent and to the complainer intimating the right of appeal available from that decision under this Act.

16 In 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 ; or

(d) fining a solicitor,

on the expiration of the days of appeal 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 (d) or in the case of a decision of the Tribunal under section 53(6) which has not been varied or quashed 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.

17 The Council shall forthwith intimate any order striking a solicitor off the roll or suspending a solicitor from practice to each sheriff clerk and also, in the case of a solicitor who carried on business in Edinburgh immediately before the order, to the Principal Clerk of Session, and shall cause a notice of the operative part of the order to be published in the Edinburgh Gazette and in such other manner, if any, as the Tribunal may direct.

18 The 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.

Expenses

19 Subject to the provisions of Part IV, the Tribunal may make in relation to any complaint against a solicitor such order as it thinks fit as to the payment by the complainer or by the respondent of the expenses incurred by the other party and by the Tribunal or a reasonable contribution towards those expenses.

20 On the application of the person in whose favour an order for expenses under paragraph 19 is made and on production of a certificate by the clerk of the Tribunal that the days of appeal against the order have expired without an appeal being lodged or, where such an appeal has been lodged, that the appeal has been dismissed or withdrawn, the Court may grant warrant authorising that person to recover those expenses from the person against whom the order was made.

21 Such warrant shall have effect for execution and for all other purposes as if it were an extracted decree of court awarded against the person against whom the order of the Tribunal was made.

22 The expenses of the Tribunal so far as not otherwise defrayed shall be paid by the Society as part of the expenses of the Society.