Solicitors (Scotland) Act 1980

[F1 62A Council’s power to recover expenses incurred under sectionF2 . . . 45 or 46. S

(1) Without prejudice to the Society’s entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor or incorporated practice in respect of whom it has taken action under section F3 . . . 45, or 46, any expenditure reasonably incurred by it in so doing.

(2) Expenditure incurred in taking action under section F3 . . . [F4 45 or 46] is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and—

(a) no application has been made in consequence under paragraph 5(4) of that Schedule; or

(b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.]

Textual Amendments

F1 S. 62A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. II para. 6

F2 S. 62A: words in sidenote repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 211, Sch. 20 para. 1(20); Sch. 24 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

F3 Words in s. 62A(1)(2) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(16), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

F4 Words in s. 62A(2) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(22) (with s. 77); S.S.I. 2008/311, art. 2

Modifications etc. (not altering text)

C1 S. 62A 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}