Legislation – Regulation of Legal Services (Scotland) Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Regulation of Legal Services (Scotland) Act 2025, Paragraph 34.
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Schedule 3Minor and consequential modifications of enactments
Part 4Miscellaneous modifications of the 1980 Act etc.
Constitution of Tribunal
34
(1)
Schedule 4 of the 1980 Act (constitution, procedure and powers of Tribunal) is amended as follows.
(2)
In paragraph 1A—
(a)
in paragraph (a), after “Council” insert “after consultation with the Tribunal”
, and
(b)
in paragraph (b), after “the Scottish Ministers” insert “and the Tribunal”
.
(3)
“1AA
Each solicitor member must have in force a practising certificate when appointed under paragraph 1A(a) or re-appointed under paragraph 2(b).
1AB
The Council must notify the Tribunal where—
(a)
a solicitor member has been suspended from practice as a solicitor,
(b)
a solicitor member’s practising certificate ceases to have effect,
(c)
the Council have—
(i)
issued a solicitor member’s practising certificate subject to conditions, or
(ii)
placed a condition on, added a condition to, removed a condition from or varied a condition of a solicitor member’s practising certificate.
1AC
When notifying the Tribunal under paragraph 1AB, the Council must give reasons for, as the case may be—
(a)
the solicitor member’s suspension,
(b)
the solicitor member’s practising certificate ceasing to have effect,
(c)
the solicitor member’s practising certificate being issued subject to conditions,
(d)
the condition being placed on or added to the solicitor member’s practising certificate,
(e)
the condition of the solicitor member’s practising certificate being varied, or
(f)
the condition being removed from the solicitor member’s practising certificate.
1AD
Where the Tribunal has been notified about a solicitor member under paragraph 1AB, the Chair (see paragraph 4) may request that the Lord President terminates the appointment of the solicitor member (see paragraph 3).”.
(4)
In paragraph 2—
(a)
in paragraph (a), after “the Secretary of State” insert “and the Tribunal”
,
(b)
in paragraph (b), after “Council” insert “after consultation with the Tribunal”
.
(5)
In paragraph 3—
(a)
after “Council” insert “after consultation with the Tribunal”
, and
(b)
after “the Secretary of State” insert “and the Tribunal”
.
(6)
In paragraph 4, for “chairman” substitute “Chair”
.
(7)
“4A
The Tribunal may appoint one or more of their number to be vice-Chair.
4B
The Chair may arrange for any of the Chair’s functions to be discharged on the Chair’s behalf by a vice-Chair.”.
(8)
In paragraph 14, for “chairman” substitute “Chair”
.