Solicitors (Scotland) Act 1980

[F154AAppeals from decisions of Tribunal: unsatisfactory professional conductS

(1)A solicitor in respect of whom a decision has been made by the Tribunal under section 53ZB(1), (2), (3) or (4) may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to him, appeal to the Court against the decision.

(2)A complainer may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53ZB to which this subsection applies is intimated to him, appeal to the Court against the decision.

(3)Subsection (2) applies to the following decisions of the Tribunal under section 53ZB—

(a)a decision under subsection (1)(a) quashing the Council's determination upholding the complaint;

(b)a decision under subsection (1)(c) quashing or varying a direction by the Council that the solicitor pay compensation;

(c)a decision under subsection (1)(f) directing the solicitor to pay compensation;

(d)a decision under subsection (2)(b) not to direct the solicitor to pay compensation;

(e)a decision under subsection (2)(c) confirming the Council's decision not to uphold the complaint;

(f)a decision under subsection (3) confirming the Council's decision not to direct the solicitor to pay compensation;

(g)a decision under subsection (4) quashing the Council's direction that the solicitor pay compensation or varying the amount of compensation directed to be paid.

(4)On an appeal under subsection (1) or (2), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses.

(5)A decision of the Court under subsection (4) shall be final.

(6)In this section, “complainer” has the same meaning as in section 42ZA.]

Textual Amendments