SCHEDULES

C2SCHEDULE 4 Constitution, Procedure and Powers of Tribunal

Annotations:
Modifications etc. (not altering text)
C2

Sch. 4 applied (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}

C1Part II Procedure and Powers of Tribunal

Annotations:
Modifications etc. (not altering text)

F9 Appeals

Annotations:
Amendments (Textual)

23

The foregoing provisions of Part II of this Schedule shall apply in relation to an appeal to the Tribunal under section F142ZA(9), (10), (11) or (12), section 42ZD(1)F2. . . or section 53D(1) as they apply in relation to a complaint, but with the following modifications—

a

for references to a complaint F3(except in paragraph 14A) there shall be substituted references to an appeal;

b

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

paragraphs F5. . . 9 and 10 shall not apply;

F6ca

in paragraph 11, for the words “complainer and respondent” there shall be substituted “ parties to the appeal ”;

cb

in paragraph 12—

i

for the words “the complainer or the respondent” there shall be substituted “ any party to the appeal ”;

ii

for the word “respondent” where it second appears there shall be substituted “ solicitor, the firm of solicitors or, as the case may be, the incorporated practice ”;

iii

for the words “complainer and to the respondent” there shall be substituted “ parties to the appeal ”;

cc

in paragraph 14A(a), after the word “complaint” there shall be inserted “ (as respects which the appeal was made) ”;

cd

in paragraph 15, for the words “respondent, the complainer and, as the case may be, the person who made the complaint as respects which the appeal was made to the Tribunal” there shall be substituted “ parties to the appeal and, if the person who made the complaint as respects which the appeal was made was not a party to the appeal, to that person ”;

ce

in paragraph 16, after paragraph (e) there shall be inserted—

ea

under section 42ZD(2); or

eb

under section 53ZB(1), (2), (3) or (4); or

F7d

in paragraph 19, for the words from the beginning to “respondent” there shall be substituted The Tribunal may make such order as it thinks fit as to the payment by any party to the appeal;

24

Subject to Part IV, the Tribunal may dismiss an appeal without holding an inquiry if—

a

they are of the opinion that the appeal is manifestly ill-founded; or

b

the appellant fails to comply with any rule made under section 52.

25

The Tribunal shall give notice of the appeal to the F8solicitor, the firm of solicitors or, as the case may be, the incorporated practice, to the person who made the complaint in respect of which the appeal was made and, as the case may be, to the Council and shall enquire into the matter, giving the appellant and the complainer reasonable opportunity to make representations to the Tribunal.