Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

SCHEDULES

SCHEDULE 1 S

Part II S Amendments of Legal Aid and Solicitors (Scotland) Act 1949 and Solicitors (Scotland) Act 1980

Solicitors (Scotland) Act 1980 (c. 46) S

6 S After section 62 there shall be inserted the following section—

“62A Council’s power to recover expenses incurred under section 38, 45 or 46.

(1) Without prejudice to the Society’s entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor or incorporated practice in respect of whom it has taken action under section 38, 45 or 46, any expenditure reasonably incurred by it in so doing.

(2) Expenditure incurred in taking action under section 38 is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and—

(a) no application has been made in consequence under paragraph 5(4) of that Schedule; or

(b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.”.