Schedule 3 — Minor and Consequential Modifications of Enactments Appeal against decision of Tribunal to dismiss before enquiry
341.Paragraph 37 amends the 1980 Act to insert new section 54C. That section enables the Council to appeal to the Court of Session against a decision of the Tribunal to dismiss a complaint against a solicitor, an authorised legal business or licensed provider, where the complaint was dismissed before an inquiry was held. The appeal must be made within 21 days of the intimation of the Tribunal’s decision to dismiss the inquiry.
342.Paragraph 24 of schedule 4 of the 1980 Act allows the Tribunal to dismiss an appeal without holding an inquiry if the Tribunal is of the opinion that the appeal is manifestly ill-founded or if the appellant fails to comply with any rule made under section 52 of that Act. The new section 54C allows the appellant to appeal to the Court of Session in circumstances where the appeal is dismissed under paragraph 24. The appeal to the Court must be made within 21 days of the Tribunal’s decision being intimated to the appellant.