OpenLegislation

Paragraph 23 F1

Scotland

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

The foregoing provisions of Part II of this Schedule shall apply in relation to an appeal to the Tribunal under section F242ZA(9), (10), (11) or (12), section 42ZD(1)F3. . . or section 53D(1) as they apply in relation to a complaint, but with the following modifications—

(a)

for references to a complaint F4(except in paragraph 14A) there shall be substituted references to an appeal;

(b)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

paragraphs F6. . . 9 and 10 shall not apply;

(F7ca)

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 F8, the firm of solicitors or, as the case may be, the incorporated practice or the authorised legal business”;

(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

(F9d)

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;

Annotations

Textual amendments

F1

Sch. 4 paras. 23–25 added by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 23(e)

F2

Words in Sch. 4 para. 23 inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(i) (with s. 77); S.S.I. 2008/311, art. 2

F3

Words in Sch. 4 para. 23 repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(19)(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

F4

Words in Sch. 4 para. 23(a) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(ii) (with s. 77); S.S.I. 2008/311, art. 2

F5

Sch. 4 para. 23(b) repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(iii) (with s. 77); S.S.I. 2008/311, art. 2

F6

Words in Sch. 4 para. 23(c) repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(iv) (with s. 77); S.S.I. 2008/311, art. 2

F7

Sch. 4 para. 23(ca)-(ce) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(v) (with s. 77); S.S.I. 2008/311, art. 2

F8

Words in Sch. 4 para. 23(cb)(ii) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 33(5); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F9

Sch. 4 para. 23(d) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(26)(c)(vi) (with s. 77); S.S.I. 2008/311, art. 2

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