195.This section amends sections 42ZA, 42ZB, 52, 53, 53ZB, 54, 55, 55A and schedule 4 of the 1980 Act (which relate to the powers of the Law Society, the Scottish Solicitors’ Discipline Tribunal and the Court of Session in connection with conduct complaints). These sections remove the powers of the Law Society, the Tribunal and the Court under the 1980 Act to require the payment of compensation, and related provision. Section 53 is also adjusted to allow the Tribunal, in applicable cases, to impose an unlimited fine, and where the solicitor has been convicted of a criminal offence in relation to the subject matter of the Tribunal’s inquiry, to require the Tribunal have regard to the conviction when exercising its powers (such as ordering the payment of a fine or ordering that the solicitor is struck from the roll).
Background Part 3 - Complaints Section 77 – Conduct complaints: power to impose unlimited fine and removal of power to award compensation