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SCHEDULES

SCHEDULE 4S Constitution, Procedure and Powers of Tribunal

Modifications etc. (not altering text)

C1Sch. 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}

Part IIS Procedure and Powers of Tribunal

Modifications etc. (not altering text)

DecisionsS

13SThe Tribunal shall set out in their decision—

(a)in the case of a complaint, the facts proved, and

(b)in the case of a conviction, particulars of the conviction and sentence.

and shall in the case of a complaint add to their decision a note stating the grounds on which the decision has been arrived at.

Modifications etc. (not altering text)

14Every decision on the Tribunal shall be signed by the chairman or other person presiding and [F1may be published in such manner as the Tribunal may determine][F1shall, subject to paragraph 14A, be published in full].

Textual Amendments

F1Words beginning “shall” substituted (prosp.) for words beginning “may be published” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(d)

Prospective

[F214AIn 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.]

Textual Amendments

15A copy of every decision by the Tribunal certified by the clerk shall be sent forthwith by the clerk to the respondent and to the complainer intimating the right of appeal available from that decision under this Act.

Modifications etc. (not altering text)

16In the case of a decision by the Tribunal—

(a)ordering a solicitor to be struck off the roll; or

(b)ordering a solicitor to be suspended from practice; or

(c)censuring a solicitor [F3or an incorporated practice]; or

(d)fining a solicitor [F3or an incorporated practice], [F4or

(e)order that the recognition under section 34(1A) of an incorporated practice be revoked][F5; or

(f)containing a direction under section 53A or an order under section 53C(2); or

(g)confirming or varying a determination or direction of the Council on an appeal under section 42A(7); or

(h)ordering that an investment business certificate issued to a solicitor, a firm of solicitors or an incorporated practice be—

(i)suspended; or

(ii)subject to such terms and conditions as they may direct; or

(iii)revoked,]

on the expiration of the days of appeal [F6(if any)] without an appeal being lodged or, where an appeal has been lodged, if and as soon as the appeal is withdrawn or a decision by the Court is given in terms of subparagraphs (a) to [F7(h)] or in the case of a decision of the Tribunal under section 53(6) [F8or (6B)] which has not been varied or quashed by the Court [F3or under section 53(6A) which has not been varied by the court], the clerk of the Tribunal shall immediately send to the Council a copy of the decision of the Tribunal certified by him and a copy of the decision by the Court in any appeal, and the Council shall forthwith give effect to any order as to striking the solicitor off the roll and to any terms and conditions directed by the Tribunal under section 53(5); and in any other case shall cause a note of the effect of the decision to be entered against the name of the solicitor in the roll [F9or as revoking the recognition under section 34(1A) of an incorporated practice].

Textual Amendments

17The Council shall forthwith intimate any order striking a solicitor off the roll or suspending a solicitor from practice to each sheriff clerk and [F10also, in the case of a solicitor who carried on business in Edinburgh immediately before the order], to the Principal Clerk of Session, and shall [F11, without prejudice to paragraph 14,] cause a notice of the operative part of the order to be published in the Edinburgh Gazette [F12and in such other manner, if any, as the Tribunal may direct.]

Textual Amendments

18SThe file of orders under this Act striking solicitors off the roll, suspending solicitors from practice, or restoring persons to the roll shall be open for inspection at the office of the Society at any reasonable hour by any person without payment of any fee.

Prospective

[F1318AWithout 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.]

Textual Amendments