Legislation – Regulation of Legal Services (Scotland) Act 2025

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Part 3Complaints

77Conduct complaints: power to impose unlimited fine and removal of power to award compensation

(1)

The 1980 Act is amended as follows.

(2)

In section 42ZA (unsatisfactory professional conduct: Council’s powers)—

(a)

in subsection (4), paragraph (c) is repealed,

(b)

subsection (11) is repealed,

(c)

subsection (12) is repealed,

(d)

in subsection (13), paragraph (b) is repealed,

(e)

in subsection (14), paragraph (b) is repealed.

(3)

In section 42ZB (unsatisfactory professional conduct: Council’s powers to monitor compliance), in subsection (2), the words “or (12)” are repealed.

(4)

In section 52 (procedure on complaints and appeals to Tribunal), in subsection (2), in paragraph (aa), the words “(11) or (12),” are repealed.

(5)

In section 53 (powers of tribunal)—

(a)

in subsection (1)—

(i)

in paragraph (b)—

(A)

the words “(other than a conviction for an economic crime offence)” are repealed, and

(B)

the words “(other than in relation to a conviction for an economic crime offence)” are repealed,

(ii)

paragraph (ba) is repealed,

(iii)

paragraph (ca) is repealed,

(b)

in subsection (2)—

(i)

paragraph (bb) is repealed,

(ii)

paragraph (bc) is repealed,

(iii)

in paragraph (c)—

(A)

the words “subject to subsection (3ZA),” are repealed,

(B)

for “not exceeding £10,000” substitute “of any amount”,

(iv)

paragraph (ca) is repealed,

(c)

subsection (2A) is repealed,

(d)

subsection (2B) is repealed,

(e)

after subsection (2B) insert—

“(2C)

Where the solicitor has been convicted of a criminal offence in relation to the subject matter of the Tribunal’s inquiry, the Tribunal must, when deciding whether to exercise a power under subsection (2), have regard to the conviction.”,

(f)

subsection (3ZA) is repealed,

(g)

in subsection (3A)—

(i)

in the opening words, for “subsection (2)(bb)” substitute “subsection (2)(c)”,

(ii)

in paragraph (a), for “, (b) or (ba)” substitute “or (b)”,

(iii)

in paragraph (b), “, (ca)” is repealed,

(h)

subsection (7C) is repealed,

(i)

subsection (7D) is repealed,

(j)

in subsection (8), paragraph (a) is repealed,

(k)

subsection (9) is repealed,

(l)

subsection (9A) is repealed.

(6)

In section 53ZB (powers of Tribunal on appeal: unsatisfactory professional conduct)—

(a)

in subsection (1), paragraph (f) is repealed,

(b)

in subsection (2), paragraph (b) is repealed,

(c)

subsection (3) is repealed,

(d)

subsection (4) is repealed,

(e)

in subsection (8), paragraph (b) is repealed,

(f)

in subsection (9), paragraph (b) is repealed.

(7)

In section 54 (appeals from decisions of Tribunal)—

(a)

subsection (1D) is repealed,

(b)

subsection (1E) is repealed,

(c)

in subsection (1F), for “(1E)” substitute “(1C)”,

(d)

in subsection (1G), the words “, (1D), (1E)” are repealed,

(e)

subsection (2A) is repealed.

(8)

In section 55 (powers of Court)—

(a)

in subsection (1)—

(i)

paragraph (bc) is repealed,

(ii)

for paragraph (c), substitute—

“(c)

impose on the solicitor a fine of any amount,”,

(b)

subsection (5) is repealed,

(c)

in subsection (6), paragraph (a) is repealed,

(d)

subsection (7) is repealed.

(9)

In section 55A (power of Court: unsatisfactory professional conduct)—

(a)

in subsection (1), paragraph (b) is repealed,

(b)

in subsection (3), paragraph (b) is repealed,

(c)

subsection (5) is repealed.

(10)

In schedule 4, paragraph 23, for “, (10), (11) or (12),” substitute “or (10),”.