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Paragraph 9 C1

Scotland

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

Subject to Part IV, the Tribunal may dismiss a complaint against a solicitor F1or an F2incorporated practice authorised legal business—

(a)

without requiring the solicitor or the incorporated practice authorised legal business to answer the allegations made against him or, as the case may be, it or without holding any enquiry if—

(i)

they are of the opinion that the complaint discloses no prima facie case of professional misconduct on the part of the solicitor or, of failure on the part of the incorporated practice authorised legal business to comply with any provision of this Act or of rules made under this Act. . . ; or

(ii)

the complainer fails to comply with any rule made under section 52; or

(b)

without hearing parties if they are of the opinion upon consideration of the complaint and other documents that they disclose no case of professional misconduct on the part of the solicitor or, of failure on the part of the incorporated practice authorised legal business to comply with any provision of this Act or of rules made under this Act. . . .

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(a)

F2

Words in Sch. 4 para. 9 substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 33(2); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

Modifications

C1

Sch. 4 paras. 7-9, 11, 13-15, 18A-22 applied (with modifications) (15.8.2003) by 1990 c. 49, s. 21B(1)(2) (as inserted by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2)(3), Sch. 4 para. 12(9); S.S.I. 2003/384, 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