Part 3Legal profession: other matters

58Constitution of Scottish Solicitors' Discipline Tribunal

1

Schedule 4 to the 1980 Act is amended as follows.

2

For paragraph 1 substitute—

1

The Tribunal shall consist of not more than 28 members.

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.

3

In paragraph 2(a), for “lay” substitute “non-lawyer”.

4

In paragraph 3, for “lay” substitute “non-lawyer”.

5

In paragraph 5—

a

in sub-paragraph (b), for “1 lay member is” substitute “2 solicitor members are”;

b

for sub-paragraph (c) substitute—

c

at least 2 non-lawyer members are present.

c

sub-paragraph (d) is repealed.

6

In paragraph 6, for “lay” substitute “non-lawyer”.