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(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.]
Textual Amendments
F1S. 51(1A) inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 13(b), 21(2)(3); S.S.I. 2003/384, art. 2
F2Words in s. 51(2) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(9)(a)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
F3Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 26
F4S. 51(2A) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(17) (with s. 77); S.S.I. 2008/311, art. 2
F5S. 51(2A) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(9)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
F6S. 51(3)(aa) inserted (20.5.1999) by S.I. 1999/1042, arts. 1(2)(b), 4, Sch. 2 Pt. I para. 7(3)
F7S. 51(3)(ba) 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(9)(a); S.I. 1991/1252, art. 3, Sch. 1
F8S. 51(3)(ca) inserted (30.1.2019) by Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (asp 10), s. 27(3), sch. para. 4; S.S.I. 2018/368, reg. 2(o)
F9S. 51(3)(e) inserted by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 3 para. 8(3), Sch. 4 para. 3(1)
F10S. 51(3)(f) substituted (3.6.1991) (for para. (f) added by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 14(b)) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(9)(b); S.I. 1991/1252, art. 3, Sch. 1
F11S. 51(4) added by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 14(c)
Modifications etc. (not altering text)
C1S. 51 applied in part (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}