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Paragraph 16

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In the case of a decision by the Tribunal—

(a)

ordering a solicitor to be struck off the roll; or

(b)

ordering a solicitor to be suspended from practice; or

(c)

censuring a solicitor F1or an F2incorporated practice authorised legal business; or

(d)

fining a solicitor or an F3incorporated practice authorised legal business, F4or

(e)

order that the recognition under section 34(1A) of an incorporated practice be revokedF5; or

(F6ea)

ordering that the authorisation of a legal business to provide legal services be withdrawn or subject to conditions, or

(f)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

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

(h)

ordering that an investment business certificate issued to a solicitor, a firm of solicitors or an incorporated practice be—

(i)

suspended; or

(ii)

subject to such terms and conditions as they may direct; or

(iii)

revoked,

on the expiration of the days of appeal F8(if any) without an appeal being lodged or, where an appeal has been lodged, if and as soon as the appeal is withdrawn or a decision by the Court is given in terms of subparagraphs (a) to F9(h) or in the case of a decision of the Tribunal under section 53(6) F10or (6B) which has not been varied or quashed by the Court or under section 53(6A) F11or (6AA) which has not been varied by the court, the clerk of the Tribunal shall immediately send to the Council a copy of the decision of the Tribunal certified by him and a copy of the decision by the Court in any appeal, and the Council shall forthwith give effect to any order as to striking the solicitor off the roll and to any terms and conditions directed by the Tribunal under section 53(5); and in any other case shall cause a note of the effect of the decision to be entered against the name of the solicitor in the roll F12or as revoking the recognition under section 34(1A) of an incorporated practice.

Annotations

Textual amendments

F1

Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 35(c)

F2

Words in Sch. 4 para. 16(c) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 33(4)(a); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F3

Words in Sch. 4 para. 16(d) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 33(4)(b); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F4

Word “or” and para. 16(1)(e) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 35(c)

F5

Sch. 4 para. 16(f)–(h) and word “; or” inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)

F6

Sch. 4 para. 16(ea) inserted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 33(4)(c); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F7

Sch. 4 para. 16(f)(g) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(19)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

F8

Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(ii)

F9

“(h)” substituted by virtue of Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(iii)

F10

Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(d)(iv)

F11

Words in Sch. 4 para. 16 inserted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 33(4)(d); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F12

Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 35(c)

Notes on Schedule 4

Modifications

C1

Sch. 4 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 13

Notes on Part II

Modifications

C1

Sch. 4 Pt. II (paras. 7–22) applied by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 31(10), 45, Sch. 4 para. 2