Regulation of Legal Services (Scotland) Act 2025

Prospective

Communicating and giving effect to Tribunal decisions S

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

(2) In schedule 4 (constitution, procedure and powers of tribunal)—

(a) in paragraph 15, after “of appeal” insert “, if any,”,

(b) after paragraph 15, insert—

“15A A copy of every decision by the Tribunal certified by the clerk must be sent to the Commission.”,

(c) in paragraph 16—

(i) after paragraph (d), insert—

“(da) directing a solicitor to undertake education or training, or

(db) ordering that the practising certificate of a solicitor be subject to such conditions as they may direct, or”,

(ii) in the closing words, for the words “shall forthwith” to the end of the closing words substitute “must comply with paragraph 16A.”,

(d) after paragraph 16, insert—

“16A When the Council receives a copy of a decision by virtue of paragraph 16, the Council must—

(a) give effect to any order as to striking the solicitor off the roll,

(b) give effect to any conditions directed by the Tribunal under section 53(5), 53ZAA(4)(c), 53ZB(2)(a)(iii), 53ZD(2)(b) or 53ZE(1)(h) or (2)(g),

(c) give effect to any direction requiring a solicitor to undertake education or training,

(d) in any other case in relation to a solicitor, cause a note of the effect of the decision to be entered against the name of the solicitor in the roll,

(e) give effect to any order revoking the recognition under section 34(1A) of an incorporated practice, or

(f) give effect to the withdrawal of, or imposition of conditions in relation to, the authorisation of a legal business to provide legal services.

16B In the case of a decision by the Tribunal—

(a) relating to the discontinuation of an investigation of a conduct complaint or a regulatory complaint,

(b) relating to the reinstatement of a discontinued investigation of a conduct complaint or a regulatory complaint,

(c) directing the Council to carry out their duties under section 42ZA(1),

(d) directing the Council to propose a new settlement under section 42ZA(1A)(a),

(e) under section 53ZD,

(f) under section 53ZE,

on the expiration of the days of appeal without an appeal being lodged or, where an appeal has been lodged, as soon as the appeal is withdrawn or a decision by the Court confirming the decision of the Tribunal is given, the clerk of the Tribunal must send a certified copy of the decision of the Tribunal to the Council, and where relevant the Council must give effect to the decision.”.

(3) In section 53, in subsection (5), the words “terms and” are repealed.

Commencement Information

I1 Sch. 3 para. 36 not in force at Royal Assent, see s. 103(3)