Solicitors (Scotland) Act 1980

55 Powers of CourtS

(1)In the case of professional misconduct by any solicitor the Court may—

(a)cause the name of that solicitor to be struck off the roll; or

(b)suspend the solicitor from practice as a solicitor for such period as the Court may determine; or

[F1(ba)suspend the solicitor from exercising any right of audience held by him by virtue of section 25A for such period as the court may determine; or

(bb)revoke any right of audience so acquired by him; or]

(c)fine the solicitor; or

(d)censure him; and in any of those events,

(e)find him liable in any expenses which may be involved in the proceedings before the Court.

(2)Subject to subsection (3), a decision of the Court under this section shall be final.

(3)A solicitor whose name has been struck off the roll in pursuance of an order made by the Court under subsection (1), may apply to the Court for an order directing his name to be restored to the roll and the Court may make such order.

[F2(3A)A solicitor whose rights of audience under section 25A have been revoked in pursuance of an order made by the court under subsection (1) may apply to the court for an order restoring those rights, and the court may make such order.]

(4)An application under subsection (3) shall be by way of petition and intimation of any such petition shall be made to the Tribunal who shall be entitled to appear and to be heard in respect of the application.

Textual Amendments

Modifications etc. (not altering text)

C1S. 55 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}