Solicitors (Scotland) Act 1980

• (4) Where either the Secretary of State or the Lord President is of the view that any rule, as submitted to them, is not satisfactory, but they do not agree as to what the terms of the rule should be, the rule shall continue to have effect as previously approved.

• (5) Where the Secretary of State and the Lord President agree both that any rule submitted to them under subsection (2) is not satisfactory, and as to what the terms of the rule should be, the Secretary of State may direct the Council—

• (a) to amend the rule in such manner as he and the Lord President consider appropriate; and

• (b) to bring the rule, as so amended, into force as soon as is practicable.

• (6) The provisions of sections 64A and 64B apply to rules submitted to the Secretary of State under this section as they apply to rules submitted to him under section 25A(9) or (10) .

6A

The subscription payable under paragraph 6 by a practising member (or the proportion of it so payable, calculated by reference to the number of months remaining in the practice year) shall be paid at the time of submission of his application for a practising certificate.

7A

The Society shall have power, subject to paragraphs 7B to 7D, to impose in respect of any year a special subscription on all members of the Society of such amount and payable at such time and for such specified purposes as it may determine.

7B

The Society may determine that an imposition under paragraph 7A shall not be payable by any category of member or shall be abated as respects any category of member.

7C

An imposition under paragraph 7A or a determination under that paragraph or paragraph 7B may be made only in general meeting.

7D

No imposition may be made under paragraph 7A above unless a majority of those members voting at the general meeting at which it is proposed has, whether by proxy or otherwise, voted in favour of its being made.

Exemption from liability for damages

11A

Neither the Society nor any of its officers or servants shall be liable in damages for anything done or omitted in the discharge or purported discharge of its functions unless the act or omission is shown to have been in bad faith.

4

Subject to section 7(3), the Council may charge such reasonable fees (including an annual fee payable by enrolled solicitors) as they may fix in connection with the keeping of the roll.

PART 1 — The Scottish Solicitors Guarantee Fund

Contributions by Solicitors

Contributions by registered European lawyers

1A

• (1) Subject to the provisions of this paragraph, paragraph (1) above shall apply to registered European lawyers as it applies to solicitors and references to a practising certificate shall include references to a registered European lawyer’s registration certificate.

• (2) Where a registered European lawyer can prove that–

• (a) he is covered by a guarantee provided in accordance with the professional rules of his home State or Switzerland, in the case of a Swiss lawyer within the meaning of regulation 7(2) of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019; and

• (b) the guarantee is equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund,

then to the extent that there is such equivalence that lawyer shall be exempt from the requirements of paragraph (1).

• (3) Where the equivalence under sub paragraph (2) is only partial, the Society may specify the guarantee obligations a registered European lawyer is required to meet to comply with paragraph (1).

• (4) Subparagraphs (2), (6) and (8) of paragraph (1) shall not apply.

• (5) For the purposes of this paragraph the words “home State" have the same meaning as provided for in regulation 2 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 as that regulation has effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer's Practice (EU Exit) (Amendment etc.) (Scotland) Regulations 2019.

Contributions by registered foreign lawyers

1B

• (1) Subject to the provisions of this paragraph, paragraph 1 above shall apply to registered foreign lawyers as it applies to solicitors and in that paragraph as so applied references to a practising certificate shall be construed as references to a registered foreign lawyer’s registration certificate.

• (2) Where a registered foreign lawyer can prove that–

• (a) he is covered by a guarantee provided in accordance with the rules of the legal profession of which he is a member; and

• (b) the guarantee is equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund,

then to the extent that there is such equivalence that lawyer shall be exempt from the requirements of paragraph 1.

• (3) Where the equivalence referred to in sub paragraph (2) is only partial, the Society may specify the guarantee obligations a registered foreign lawyer is required to meet to comply with paragraph 1.

• (4) The Council may, where it is satisfied that any acts or defaults on the part of a registered foreign lawyer would not result in a grant being made from the Guarantee Fund held under section 43, exempt that lawyer from the requirements of paragraph 1.

• (5) Sub paragraphs (2), (6) and (8) of paragraph 1 shall not apply to registered foreign lawyers.

Investment etc.

Insurance

Grants

1A

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.

1B

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.

1C

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.

1D

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

8A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14A

In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than—

• (a) the solicitor against whom the complaint was made; or

• (b) his partners; or

• (c) his or their families,

but where they so refrain they shall publish their reasons for so doing.

18A

Without prejudice to paragraph 18, the Council shall ensure that a copy of every decision published under paragraph 14 is open for inspection at the office of the Society during office hours by any person without payment of any fee.

Appeals

23

The foregoing provisions of Part II of this Schedule shall apply in relation to an appeal to the Tribunal under section 42ZA(9), (10), (11) or (12), section 42ZD(1). . . or section 53D(1) as they apply in relation to a complaint, but with the following modifications—

• (a) for references to a complaint (except in paragraph 14A) there shall be substituted references to an appeal;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) paragraphs . . . 9 and 10 shall not apply;

• (ca) in paragraph 11, for the words “complainer and respondent” there shall be substituted “ parties to the appeal ”;

• (cb) in paragraph 12—

• (i) for the words “the complainer or the respondent” there shall be substituted “ any party to the appeal ”;

• (ii) for the word “respondent” where it second appears there shall be substituted “ solicitor, the firm of solicitors or, as the case may be, the incorporated practice ”;

• (iii) for the words “complainer and to the respondent” there shall be substituted “ parties to the appeal ”;

• (cc) in paragraph 14A(a), after the word “complaint” there shall be inserted “ (as respects which the appeal was made) ”;

• (cd) in paragraph 15, for the words “respondent, the complainer and, as the case may be, the person who made the complaint as respects which the appeal was made to the Tribunal” there shall be substituted “ parties to the appeal and, if the person who made the complaint as respects which the appeal was made was not a party to the appeal, to that person ”;

• (ce) in paragraph 16, after paragraph (e) there shall be inserted—

(ea) under section 42ZD(2); or (eb) under section 53ZB(1), (2), (3) or (4); or

; and

• (d) in paragraph 19, for the words from the beginning to “respondent” there shall be substituted The Tribunal may make such order as it thinks fit as to the payment by any party to the appeal;

24

Subject to Part IV, the Tribunal may dismiss an appeal without holding an inquiry if—

• (a) they are of the opinion that the appeal is manifestly ill-founded; or

• (b) the appellant fails to comply with any rule made under section 52.

25

The Tribunal shall give notice of the appeal to the solicitor, the firm of solicitors or, as the case may be, the incorporated practice, to the person who made the complaint in respect of which the appeal was made and, as the case may be, to the Council and shall enquire into the matter, giving the appellant and the complainer reasonable opportunity to make representations to the Tribunal.

Editorial notes