Part IV Complaints and Disciplinary Proceedings

The Scottish Solicitors’ Discipline Tribunal

51 Complaints to Tribunal.

(1)

A complaint may be made to the Tribunal by the Council; and, for the purpose of investigating and prosecuting complaints, the Council may appoint a solicitor to act as fiscal.

F1(1A)

In subsection (1) above, without prejudice to the generality of that subsection, the reference to a complaint includes a complaint in respect of conveyancing and executry practitioners and the provision by them of conveyancing and executry services (those expressions having the meanings given in section 23 of the 1990 Act).

(2)

The persons mentioned in subsection (3) may report to the Tribunal any case where it appears that F2. . . F3 an incorporated practice may have failed to comply with any provision of this Act or of rules made under this Act applicable to it. . . , and any such report shall be treated by the Tribunal as a complain under subsection (1).

F4(2A)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The persons referred to in subsection (2) are—

(a)

the Lord Advocate;

F6(aa)

the Advocate General for Scotland

(b)

any judge;

F7(ba)

the Dean of the Faculty of Advocates;

(c)

the Auditor of the Court of Session;

F8(ca)

the auditor of the Sheriff Appeal Court,

(d)

the Auditor of any sheriff court.

F9(e)

the Scottish Legal Aid Board.

F10(f)

the Scottish legal services ombudsman.

F11(4)

Where a report is made to the Tribunal under subsection (2) the Tribunal may, if it thinks fit, appoint a solicitor to prosecute the complaint and the expenses of the solicitor, so far as not recoverable from the solicitor complained against, shall be paid out of the funds of the Tribunal.