ab

to the Principal Clerk of Session;

2

The Council shall send a list of all solicitors who have rights of audience in—

a

the Court of Session, to—

i

the Principal Clerk of Session;

ii

the Principal Clerk of the Judicial Office of the House of Lords; and

iii

the Registrar to the Judicial Committee of the Privy Council;

and

b

the High Court of Justiciary, to the Principal Clerk of Justiciary,

as soon as practicable after 1st December in each year; and where, by virtue of an order under section 53(2)(ba), 53A(2)(ba) or 55(1)(ba), a solicitor’s right of audience in any of those courts is suspended or revoked, the Council shall forthwith inform the persons mentioned in this subsection of that fact.

4

Subsection (1)(c) and (d) shall not apply in relation to—

a

writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or

b

papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.

2A

Subsection (1)(a)

shall not apply to a qualified conveyancer providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

2B

Subsection (1)(b)

shall not apply to a person who is, by virtue of an act of sederunt made under section 32 (power of Court of Session to regulate procedure) of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.

2C

Subsection (1)(c)

shall not apply to an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

ba

the Dean of the Faculty of Advocates;

f

the Scottish legal services ombudsman.

ba

order that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked;

3B

The power conferred by subsection (2)(ba)

may be exercised by the Tribunal either independently of, or in conjunction with, any other power conferred by that subsection.

ba

to order that any right of audience held by the solicitor by virtue of section 25A be suspended or revoked;

d

to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Tribunal may specify.

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

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.

3

Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—

a

any director, secretary or other similar officer of the body corporate; or

b

any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

4

Where an offence under this Act is committed by a partnership or by an unincorporated association (other than a partnership) and is proved to have been committed with the consent or connivance of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

“the Director” means the Director General of Fair Trading;

“foreign lawyer” means a person who is not a solicitor or an advocate but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outwith Scotland;

“law centre” means a body—

a

established for the purpose of providing legal services to the public generally as well as to individual members of the public; and

b

which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre;

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“multi-national practice” means—

a

a partnership whose members are solicitors or incorporated practices and registered foreign lawyers; or

b

a body corporate whose members include registered foreign lawyers, and membership of which is restricted to solicitors, incorporated practices, registered foreign lawyers and other multi-national practices;

“registered foreign lawyer” means a foreign lawyer who is registered under section 60A;

“Scottish legal services ombudsman” means the ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

14A

In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than—

a

the solicitor against whom the complaint was made; or

b

his partners; or

c

his or their families,

but where they so refrain they shall publish their reasons for so doing.

18A

Without prejudice to paragraph 18, the Council shall ensure that a copy of every decision published under paragraph 14 is open for inspection at the office of the Society during office hours by any person without payment of any fee.