Commentary on Sections Part 8: Miscellaneous and General Provisions about Lawyers Section 178: The Solicitors Disciplinary Tribunal: approval of rules
435.This section is the first of three which make provision in respect of the Solicitors Disciplinary Tribunal, so that the Tribunal’s position, as a body statutorily separate from the Law Society but performing functions which are part of the Law Society’s regulatory structure, may be properly reflected. The approach is in essence to apply to the Tribunal certain provisions which apply to approved regulators, with modifications and/or exclusions to reflect the Tribunal’s particular role and position. This section makes provision bringing the Tribunal’s rules within the structure of consent requirements for regulatory arrangements, so that there is a degree of monitoring by the Board, but this is kept to the minimum necessary. Accordingly, subsection (1) provides for any alteration of the Tribunal’s rules under section 46(9)(b) of the Solicitors Act 1974 to require approval by the Board, unless it is exempt; and section 178(2) to 178(6) set out the procedures for approval, should an alteration be made.