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Official Report Meeting date: 6 September 2011

Subordinate Legislation Committee 06 September 2011

Is the committee content to draw the order to the Parliament’s attention on reporting ground (i), in that the drafting of article 2(1)(l) appears to be defective and at the same time note that the error does seem to have been corrected?
Questions and Answers Date answered: 5 March 2015

S4W-24543

To ask the Scottish Government whether it will ensure that all consultation responses relating to Police Scotland's proposal to merge K and L divisions are considered in advance of a decision being made.
Last updated: 7 December 2023

SPBill80CS052023

Limited (registered number SC202659), (i) Social Care and Social Work Improvement Scotland, (j) the Scottish Social Services Council, (k) the Scottish Sports Council, (l) the chief constable of the Police Service of Scotland, 30 (m) the Scottish Police Authority, (n) the Scottish Fire and Rescue Service, (o) the Scottish Legal Aid Board, (oa) the Scottish C...
Last updated: 21 May 2025

Letter from CabSecNZE regarding Publication of the Scottish Nitrogen Balance Sheet 20 May 2025

Operators must also ensure concentrations of un-ionized ammonia do not exceed the Environmental Quality Standard of 0.021 mg/l 2 expressed as an annual average .
Last updated: 23 January 2025

SPBill25ML2S062025

.”, (k) in subsection (9)— (i) in the opening words, for “or (2),” substitute “, a decision to reinstate a discontinued investigation has been made under section 47(1A)(b) of the 2007 Act,”, (ii) in the opening words, for “determination or” substitute “determination, decision or”, (iii) after paragraph (a) insert— “(aa) decision,”, (l) in subsection (10)— (...
Last updated: 14 March 2022

SSI Tracker Monday 14 March 2022

Queries on instruments that are not yet available on the website can be made by contacting the clerks to the Delegated Powers and Law Reform Committee Te l : 0131 348 5175 or email: [email protected].
Last updated: 8 March 2022

SSI Tracker 8 March 2022

Queries on instruments that are not yet available on the website can be made by contacting the clerks to the Delegated Powers and Law Reform Committee Te l : 0131 348 5175 or email: [email protected].
Last updated: 28 February 2022

SSI Tracker Monday 28 February 2022

Queries on instruments that are not yet available on the website can be made by contacting the clerks to the Delegated Powers and Law Reform Committee Te l : 0131 348 5175 or email: [email protected].
Last updated: 16 January 2025

Solicitors Scotland Act 1980 Stage 2 Keeling schedule Version 2

Suspension etc. of licence to carry on incidental financial business: appeal to Tribunal [509] (1) Where, in accordance with rules made under this Act, the Council suspend or withdraw an investment business certificate a licence to carry on incidental financial business [509] or impose conditions or restrictions on it the solicitor, firm of solicitors or incorporated practice to whom it was issued may, within 21 days of the date of intimation of the decision of the Council, appeal to the Tribunal against that decision. (2) On an appeal to the Tribunal under subsection (1) the Tribunal may quash, confirm or vary the decision being appealed against. (2A) The solicitor, firm of solicitors or, as the case may be, the incorporated practice may, before the expiry of the period of 21 days beginning with the day on which the decision of the Tribunal under subsection (2) is intimated to him or, as the case may be, it, appeal to the Court against the decision. (2B) The Council may, before the expiry of the period of 21 days beginning with the day on which the decision of the Tribunal under subsection (2) is intimated to them, appeal to the Court against the decision. (2C) On an appeal under subsection (2A), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses. (2D) A decision of the Court under subsection (2C) shall be final. 54 Appeals from decisions of Tribunal. (1) … (1A) A solicitor or an incorporated practice authorised legal business may, before the expiry of the period of 21 days beginning with the day on which any decision by the Tribunal mentioned in subsection (1B) is intimated to him or, as the case may be, it appeal to the Court against the decision. (1B) The decision is— (a) where the Tribunal was satisfied as mentioned in section 53(1)(a), the finding that the solicitor has been guilty of professional misconduct; (b) where the Tribunal was satisfied as mentioned in section 53(1)(d), the finding that the incorporated practice authorised legal business has failed to comply with any provision of this Act or of any rule made under this Act applicable to the practice; (c) in any case falling within paragraph (a) or (b), or where the decision was made because of the circumstances mentioned in section 53(1)(b) or (c), any decision under section 53(2) or (5). (1BA) Section 43 of the Regulation of Legal Services (Scotland) Act 2024 does not apply to an appeal under subsection (1B)(c). [510] 86 Solicitors (Scotland) Act 1980 – Keeling schedule (1C) The Council may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53(2) or (5) any decision by the Tribunal mentioned in subsection (1CA) [510] is intimated to them, appeal to the Court against the decision; but the Council may not appeal to the Court against a decision of the Tribunal under section 53(2)(bb) or (bc) [510]. (1CA) The decision is— (a) the finding that the solicitor has been not guilty of professional misconduct, (b) a decision under section 53(2), (5) or (5A). [510] (1D) Where the Tribunal has found that a solicitor has been guilty of professional misconduct but has not directed him under section 53(2)(bb) or (bc) to pay compensation, the complainer may, before the expiry of the period of 21 days beginning with the day on which the Tribunal's finding is intimated to him, appeal to the Court against the decision of the Tribunal not to make a direction under that subsection. (1E) A complainer to whom the Tribunal has directed a solicitor under section 53(2)(bb) or (bc) to pay compensation may, before the expiry of the period of 21 days beginning with the day on which the direction under that subsection is intimated to him, appeal to the Court against the amount of the compensation directed to be paid. (1F) On an appeal under any of subsections (1A) to (1E) (1C), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses. (1G) A decision of the Court under subsection (1A), (1B), (1C), (1D), (1E) or (1F) shall be final. (2) Where (a) the Tribunal has exercised the power conferred by section 53(6) to direct that its decision shall take effect on the date on which it is intimated to the solicitor concerned, the solicitor may, within 21 days of that date, apply to the Court for an order varying or quashing the direction in so far as it relates to the date of taking effect ; (b) the Tribunal has ordered the revocation of the recognition under section 34(1A) of an incorporated practice, the incorporated practice may within 21 days of the date when the order is intimated to it apply to the court for an order varying (subject to the limit of 60 days referred to in subsection (6A) of section 53) the direction under that subsection; (ba) the Tribunal has ordered that the authorisation of a legal business to provide legal services be withdrawn, the authorised legal business may within 21 days of the date when the order is intimated to it apply to the court for an order varying (subject to the limit of 60 days referred to in subsection (6AA) of section 53) the direction under that subsection, (c) the Tribunal has exercised the power conferred by section 53(6B) to direct that its order shall take effect on the day on which it is intimated to the solicitor, firm of solicitors or incorporated practice concerned, the solicitor, firm of solicitors or incorporated practice may, before the expiry of the period of 21 days beginning with that day, apply to the court for an order varying or quashing the direction in so far as it relates to the day on which the order takes effect; and on any such application the Court may make the order applied for or such other order with respect to the matter as it thinks fit. 87 Solicitors (Scotland) Act 1980 – Keeling schedule (2A) In subsections (1D) and (1E), “complainer” has the same meaning as in section 42ZA. (2B) … (2C) … 54A Appeals from decisions of Tribunal: unsatisfactory professional conduct (1) A solicitor in respect of whom a decision mentioned in subsection (1A) [468] has been made by the Tribunal under section 53ZB(1), (2), (3) or (4) [468] may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to him, appeal to the Court against the decision. (1A) The decision is— (a) a decision that the solicitor has been guilty of unsatisfactory professional conduct under section 53ZAA(1), (b) a direction or order made under section 53ZAA(4), (c) a decision under section 53ZB(1), (d) a decision under section 53ZB(2)(a), (f), (g) or (h). [468] (2) A complainer may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53ZB to which this subsection applies is intimated to him, appeal to the Court against the decision. (3) Subsection (2) applies to the following decisions of the Tribunal under section 53ZB— (a) a decision under subsection (1)(a) quashing the Council's determination upholding the complaint; (aa) a decision under subsection (1)(b) made in relation to a decision under subsection (1)(a), (ab) a decision under subsection (1)(h) made in relation to a decision under subsection (1)(g), [468] (b) a decision under subsection (1)(c) quashing or varying a direction by the Council that the solicitor pay compensation; [468] (c) a decision under subsection (1)(f) directing the solicitor to pay compensation; [468] (d) a decision under subsection (2)(b) not to direct the solicitor to pay compensation; [468] (e) a decision under subsection (2)(c) confirming the Council's decision not to uphold the complaint; (f) a decision under subsection (3) confirming the Council's decision not to direct the solicitor to pay compensation; [468] (g) a decision under subsection (4) quashing the Council's direction that the solicitor pay compensation or varying the amount of compensation directed to be paid. [468] (h) a decision under subsection (2)(g) to confirm a decision made under section 47(1A)(a) of the 2007 Act. [468] (3A) The Council may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53ZAA(1) is intimated to them, appeal to the Court against— 88 Solicitors (Scotland) Act 1980 – Keeling schedule (a) a decision on whether the solicitor has been guilty of unsatisfactory professional conduct under section 53ZAA(1), (b) any direction or order made under section 53ZAA(4). [468] (4) On an appeal under subsection (1) or (2) this section [468], the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses. (5) A decision of the Court under subsection (4) shall be final. (6) In this section, “complainer” has the same meaning as in section 42ZA. 54B Appeals from decisions of Tribunal: regulatory complaints (1) An authorised legal business or a licensed provider in respect of which a decision mentioned in subsection (2) has been made may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to them, appeal to the Court against the decision. (2) The decision is— (a) a decision under section 53ZD(1) upholding a regulatory complaint, (b) a decision to impose a sanction under section 53ZD(2)(b), (c) a decision under section 53ZE(1)(a) confirming the determination upholding a regulatory complaint, (d) a decision under section 53ZE(2)(b) quashing the determination not upholding the regulatory complaint, making a determination upholding the complaint and censuring the authorised legal business or licensed provider, (e) a decision under section 53ZE(1)(c) reinstating a discontinued investigation and directing the Council as to which aspects of the complaint are to be continued, (f) a decision under section 53ZE(2)(d) quashing the decision to discontinue an investigation and directing the Council as to which aspects of the complaint are to be continued, (g) a decision under section 53ZE(1)(e) to quash, confirm or vary a sanction, (h) a decision to impose a sanction under section 53ZE(1)(f) to (l...
Last updated: 20 December 2024

Solicitors Scotland Act 1980 Stage 2 Keeling schedule

Suspension etc. of licence to carry on incidental financial business: appeal to Tribunal [509] (1) Where, in accordance with rules made under this Act, the Council suspend or withdraw an investment business certificate a licence to carry on incidental financial business [509] or impose conditions or restrictions on it the solicitor, firm of solicitors or incorporated practice to whom it was issued may, within 21 days of the date of intimation of the decision of the Council, appeal to the Tribunal against that decision. (2) On an appeal to the Tribunal under subsection (1) the Tribunal may quash, confirm or vary the decision being appealed against. (2A) The solicitor, firm of solicitors or, as the case may be, the incorporated practice may, before the expiry of the period of 21 days beginning with the day on which the decision of the Tribunal under subsection (2) is intimated to him or, as the case may be, it, appeal to the Court against the decision. (2B) The Council may, before the expiry of the period of 21 days beginning with the day on which the decision of the Tribunal under subsection (2) is intimated to them, appeal to the Court against the decision. (2C) On an appeal under subsection (2A), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses. (2D) A decision of the Court under subsection (2C) shall be final. 54 Appeals from decisions of Tribunal. (1) … (1A) A solicitor or an incorporated practice authorised legal business may, before the expiry of the period of 21 days beginning with the day on which any decision by the Tribunal mentioned in subsection (1B) is intimated to him or, as the case may be, it appeal to the Court against the decision. (1B) The decision is— (a) where the Tribunal was satisfied as mentioned in section 53(1)(a), the finding that the solicitor has been guilty of professional misconduct; (b) where the Tribunal was satisfied as mentioned in section 53(1)(d), the finding that the incorporated practice authorised legal business has failed to comply with any provision of this Act or of any rule made under this Act applicable to the practice; (c) in any case falling within paragraph (a) or (b), or where the decision was made because of the circumstances mentioned in section 53(1)(b) or (c), any decision under section 53(2) or (5). (1BA) Section 43 of the Regulation of Legal Services (Scotland) Act 2024 does not apply to an appeal under subsection (1B)(c). [510] 86 Solicitors (Scotland) Act 1980 – Keeling schedule (1C) The Council may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53(2) or (5) any decision by the Tribunal mentioned in subsection (1CA) [510] is intimated to them, appeal to the Court against the decision; but the Council may not appeal to the Court against a decision of the Tribunal under section 53(2)(bb) or (bc) [510]. (1CA) The decision is— (a) the finding that the solicitor has been not guilty of professional misconduct, (b) a decision under section 53(2), (5) or (5A). [510] (1D) Where the Tribunal has found that a solicitor has been guilty of professional misconduct but has not directed him under section 53(2)(bb) or (bc) to pay compensation, the complainer may, before the expiry of the period of 21 days beginning with the day on which the Tribunal's finding is intimated to him, appeal to the Court against the decision of the Tribunal not to make a direction under that subsection. (1E) A complainer to whom the Tribunal has directed a solicitor under section 53(2)(bb) or (bc) to pay compensation may, before the expiry of the period of 21 days beginning with the day on which the direction under that subsection is intimated to him, appeal to the Court against the amount of the compensation directed to be paid. (1F) On an appeal under any of subsections (1A) to (1E) (1C), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses. (1G) A decision of the Court under subsection (1A), (1B), (1C), (1D), (1E) or (1F) shall be final. (2) Where (a) the Tribunal has exercised the power conferred by section 53(6) to direct that its decision shall take effect on the date on which it is intimated to the solicitor concerned, the solicitor may, within 21 days of that date, apply to the Court for an order varying or quashing the direction in so far as it relates to the date of taking effect ; (b) the Tribunal has ordered the revocation of the recognition under section 34(1A) of an incorporated practice, the incorporated practice may within 21 days of the date when the order is intimated to it apply to the court for an order varying (subject to the limit of 60 days referred to in subsection (6A) of section 53) the direction under that subsection; (ba) the Tribunal has ordered that the authorisation of a legal business to provide legal services be withdrawn, the authorised legal business may within 21 days of the date when the order is intimated to it apply to the court for an order varying (subject to the limit of 60 days referred to in subsection (6AA) of section 53) the direction under that subsection, (c) the Tribunal has exercised the power conferred by section 53(6B) to direct that its order shall take effect on the day on which it is intimated to the solicitor, firm of solicitors or incorporated practice concerned, the solicitor, firm of solicitors or incorporated practice may, before the expiry of the period of 21 days beginning with that day, apply to the court for an order varying or quashing the direction in so far as it relates to the day on which the order takes effect; and on any such application the Court may make the order applied for or such other order with respect to the matter as it thinks fit. 87 Solicitors (Scotland) Act 1980 – Keeling schedule (2A) In subsections (1D) and (1E), “complainer” has the same meaning as in section 42ZA. (2B) … (2C) … 54A Appeals from decisions of Tribunal: unsatisfactory professional conduct (1) A solicitor in respect of whom a decision mentioned in subsection (1A) [468] has been made by the Tribunal under section 53ZB(1), (2), (3) or (4) [468] may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to him, appeal to the Court against the decision. (1A) The decision is— (a) a decision that the solicitor has been guilty of unsatisfactory professional conduct under section 53ZAA(1), (b) a direction or order made under section 53ZAA(4), (c) a decision under section 53ZB(1), (d) a decision under section 53ZB(2)(a), (f), (g) or (h). [468] (2) A complainer may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53ZB to which this subsection applies is intimated to him, appeal to the Court against the decision. (3) Subsection (2) applies to the following decisions of the Tribunal under section 53ZB— (a) a decision under subsection (1)(a) quashing the Council's determination upholding the complaint; (aa) a decision under subsection (1)(b) made in relation to a decision under subsection (1)(a), (ab) a decision under subsection (1)(h) made in relation to a decision under subsection (1)(g), [468] (b) a decision under subsection (1)(c) quashing or varying a direction by the Council that the solicitor pay compensation; [468] (c) a decision under subsection (1)(f) directing the solicitor to pay compensation; [468] (d) a decision under subsection (2)(b) not to direct the solicitor to pay compensation; [468] (e) a decision under subsection (2)(c) confirming the Council's decision not to uphold the complaint; (f) a decision under subsection (3) confirming the Council's decision not to direct the solicitor to pay compensation; [468] (g) a decision under subsection (4) quashing the Council's direction that the solicitor pay compensation or varying the amount of compensation directed to be paid. [468] (h) a decision under subsection (2)(g) to confirm a decision made under section 47(1A)(a) of the 2007 Act. [468] (3A) The Council may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53ZAA(1) is intimated to them, appeal to the Court against— 88 Solicitors (Scotland) Act 1980 – Keeling schedule (a) a decision on whether the solicitor has been guilty of unsatisfactory professional conduct under section 53ZAA(1), (b) any direction or order made under section 53ZAA(4). [468] (4) On an appeal under subsection (1) or (2) this section [468], the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses. (5) A decision of the Court under subsection (4) shall be final. (6) In this section, “complainer” has the same meaning as in section 42ZA. 54B Appeals from decisions of Tribunal: regulatory complaints (1) An authorised legal business or a licensed provider in respect of which a decision mentioned in subsection (2) has been made may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to them, appeal to the Court against the decision. (2) The decision is— (a) a decision under section 53ZD(1) upholding a regulatory complaint, (b) a decision to impose a sanction under section 53ZD(2)(b), (c) a decision under section 53ZE(1)(a) confirming the determination upholding a regulatory complaint, (d) a decision under section 53ZE(2)(b) quashing the determination not upholding the regulatory complaint, making a determination upholding the complaint and censuring the authorised legal business or licensed provider, (e) a decision under section 53ZE(1)(c) reinstating a discontinued investigation and directing the Council as to which aspects of the complaint are to be continued, (f) a decision under section 53ZE(2)(d) quashing the decision to discontinue an investigation and directing the Council as to which aspects of the complaint are to be continued, (g) a decision under section 53ZE(1)(e) to quash, confirm or vary a sanction, (h) a decision to impose a sanction under section 53ZE(1)(f) to (l...

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