2004 No. 550
LEGAL PROFESSION

The Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 56A(3) of the Solicitors (Scotland) Act 19801 and of all other powers enabling them in that behalf, after consulting the Council of the Law Society of Scotland in accordance with section 56A(4) of that Act, hereby make the following Order:

Citation and commencement1.

This Order may be cited as the Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004 and shall come into force on 1st April 2005.

Amendment of the Solicitors (Scotland) Act 19802.

The Solicitors (Scotland) Act 1980 is amended as follows:–

(a)

in section 42A(2)(d)2 (which empowers the Council of the Law Society of Scotland, in upholding a complaint of inadequate professional services by a solicitor, to direct the payment of compensation of a sum not exceeding £1,000), for “£1,000” substitute “£5,000”; and

(b)

in section 53A(2)(d)3 (which empowers the Scottish Solicitors' Discipline Tribunal, in upholding a complaint of inadequate professional services by a solicitor, to direct the payment of compensation of a sum not exceeding £1,000), for “£1,000” substitute “£5,000”.
HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

(This note is not part of the Order)

This Order amends the Solicitors (Scotland) Act 1980 (c. 46) in relation to the maximum sum which the Council of the Law Society of Scotland and the Scottish Solicitors' Discipline Tribunal may direct a solicitor to pay to a client by way of compensation when a complaint is upheld that professional services provided by that solicitor in connection with any matter in which that solicitor had been instructed by the client were inadequate.

Article 2(a) increases the maximum sum which the Council of the Law Society of Scotland may direct the solicitor to pay to the client by way of compensation from £1,000 to £5,000.

Article 2(b) increases the maximum sum which the Scottish Solicitors' Discipline Tribunal may direct the solicitor to pay to the client by way of compensation from £1,000 to £5,000.