Solicitors (Scotland) Act 1980

Constitution S

1 The Tribunal shall consist of—

(a) not less than [F1 10] and not more than [F1 14] members (in this Part referred to as “solicitor members”) who are solicitors recommended by the Council as representatives of the solicitors’ profession throughout Scotland, and [F2 appointed by the Lord President;]

(b) [F3 [F4 4]][F3 8] members (in this Part referred to as “lay members”) who are neither solicitors nor advocates, [F5 appointed by the Lord President after consultation with the Secretary of State.]

[F6 appointed by the Lord President]

Textual Amendments

F1 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 24(b)(i)

F2 Words inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(a)(i)

F3 Figure “8” substituted (prosp.) for “4” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(a)(ii)

F4 Word substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 24(b)(ii)

F5 Words inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(a)(iii)

F6 Words repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(a)(iv), Sch. 9

Yn ddilys o 23/11/2007

[F7 1A S The Tribunal shall consist of equal numbers of—

(a) members (in this Part referred to as “solicitor members”) appointed by the Lord President, who are solicitors recommended by the Council as representatives of the solicitors' profession throughout Scotland; and

(b) members (in this Part referred to as “non-lawyer members”) appointed by the Lord President after consultation with the Scottish Ministers, who are not—

(i) solicitors;

(ii) advocates;

(iii) conveyancing practitioners or executry practitioners, within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) (“the 1990 Act”);

(iv) persons exercising a right to conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act.

Textual Amendments

F7 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

Yn ddilys o 23/11/2007

1B S The validity of any proceedings of the Tribunal is not affected by a vacancy in membership of the Tribunal nor by any defect in the appointment of a member.

Textual Amendments

F7 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

Yn ddilys o 23/11/2007

1C S The Scottish Ministers may by order made by statutory instrument amend paragraph 1 so as to vary the maximum number of members of the Tribunal.

Textual Amendments

F7 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

Yn ddilys o 23/11/2007

1D S A statutory instrument containing an order made under paragraph 1C is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F7 Sch. 4 paras. 1-1D substituted (23.11.2007) for Sch. 4 para. 1 by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 58(2), 82 (with s. 77); S.S.I. 2007/497, art. 2

2 Each member of the Tribunal shall retire from office on the expiry of 5 years from the date of his appointment, but [F8 in the case—

(a) of a lay member, may be re-appointed by the Lord President [F9 after consultation with the Secretary of State]; and

(b) of a solicitor member, may be [F10 so re-appointed][F10 re-appointed by the Lord President] on the recommendation of the Council.]

Textual Amendments

F8 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 24(b)(iii)

F9 Words inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(b)(i)

F10 Words “re-appointed by the Lord President” substituted (prosp.) for “so re-appointed” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(b)(ii)

3 The Lord President may from time to time terminate the appointment of any member of the Tribunal, and may fill any vacany therein by the appointment of a solicitor recommended by the Council or, as the case may be, [F11 after consultation with the Secretary of State,] by the appointment of a lay member.

Textual Amendments

F11 Words inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74, 75(2), Sch. 8 Pt. II para. 29(17)(c)

4 S The Tribunal may appoint one of their number to be chairman, and may also appoint a clerk, who shall not be a member of the Tribunal, and, subject to the provisions of this Act, may regulate their procedure in such way as they may think fit.

5 The Tribunal shall be deemed to be properly constituted if—

(a) at least 4 members are present, and

(b) at least 1 lay member is present, and

(c) the number of solicitor members present exceeds the number of lay members present. [F12 and

(d) there are present not more than 3 solicitor members for every lay member.]

Textual Amendments

F12 Sch. 4 Pt. I para. 5(d) and word “and” immediately preceding it added by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(a)

6 There shall be paid to the lay members of the Tribunal out of money provided by Parliament such fees and allowances as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.