Regulation of Legal Services (Scotland) Act 2025

Restoration of name to register of European lawyers: appeals

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

(2) In section 12D (restoration of name to register on request), after subsection (2) insert—

“(2A) Where under subsection (2) the Council decides not to restore a registered European lawyer’s name, or annotation against a registered European lawyer’s name, to the register, the registered European lawyer may appeal the decision to the Tribunal.

(2B) An appeal under subsection (2A) 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 registered European lawyer.

(2C) On an appeal to the Tribunal under subsection (2A), the Tribunal—

(a) if the Tribunal considers that a registered European lawyer’s name should be restored to the register, must direct the Council—

(i) to restore the registered European lawyer’s name to the register, and

(ii) to issue to the registered European lawyer a registration certificate, subject to such conditions, if any, as the Tribunal thinks fit,

(b) if the Tribunal considers that an annotation against the registered European lawyer’s name should be restored to the register, must direct the Council to restore the annotation to the register,

(c) may confirm the Council’s decision.”.

(3) In section 52 (procedure on complaints and appeals to Tribunal), in subsection (2)(aa), after “section” insert “10(1B), 12D(2A),”.