Regulation of Legal Services (Scotland) Act 2025 (asp 8)

Prospective

Schedule 3 S Minor and consequential modifications of enactments

Part 4 S Miscellaneous modifications of the 1980 Act etc.

Restoration of name to roll: appeals S

20 (1) The 1980 Act is amended as follows.

(2) In section 10 (restoration of name to roll on request)—

(a) after subsection (1ZA), insert—

“(1ZB) Where under subsection (1) or (1ZA) the Tribunal decides not to restore a solicitor’s name to the roll, the solicitor may appeal the decision to the Court.

(1ZC) An appeal under subsection (1ZB) must be made before the expiry of the period of 21 days beginning with the day on which the Tribunal’s decision is intimated to the solicitor.

(1ZD) On an appeal under subsection (1ZB), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses.

(1ZE) A decision of the Court under subsection (1ZD) is final.”,

(b) after subsection (1A), insert—

“(1B) Where under subsection (1A) the Council decides not to restore a solicitor’s name, or annotation against a solicitor’s name, to the roll, the solicitor may appeal the decision to the Tribunal.

(1C) An appeal under subsection (1B) must be made before the expiry of the period of 21 days beginning with the day on which the Council’s decision is intimated to the solicitor.

(1D) On an appeal to the Tribunal under subsection (1B), the Tribunal may—

(a) restore the solicitor’s name, or annotation against the solicitor’s name, to the roll, or

(b) confirm the Council’s decision.”.

(3) In schedule 4 (constitution, procedure and powers of Tribunal)—

(a) in paragraph 23, in the opening words, after “appeal to the Tribunal under section” insert “10(1B), 12D(2A),”,

(b) in paragraph 25, at the beginning, insert “Subject to paragraph 26,”,

(c) after paragraph 25 insert—

“26 In an appeal to the Tribunal under section 10(1B), the Tribunal must—

(a) give notice of the appeal to the solicitor and to the Council, and

(b) enquire into the matter, giving the solicitor and the Council reasonable opportunity to make representations to the Tribunal.”.

Commencement Information

I1 Sch. 3 para. 20 not in force at Royal Assent, see s. 103(3)