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Solicitors (Scotland) Act 1980

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Solicitors (Scotland) Act 1980 is up to date with all changes known to be in force on or before 20 January 2018. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part I Organisation

    1. The Law Society of Scotland

      1. 1. Establishment and objects of Law Society of Scotland.

      2. 1A.Power to act as statutory regulator

      3. 2. Membership of Society.

    2. The Council of the Law Society

      1. 3. Establishment and functions of Council of Law Society.

      2. 3A.Discharge of functions of Council of the Law Society

      3. 3B.Regulatory committee

      4. 3C.Particular rules applying

      5. 3D.Resolving regulatory disputes

      6. 3E.Further provision for section 3B etc.

      7. 3F.Meaning of “regulatory functions”

      8. 3G.Extended meaning under section 3F

  3. Part II Right to Practise as a Solicitor

    1. Qualifications and Training

      1. 4. Qualifications for practising as a solicitor.

      2. 5. Training regulations.

    2. Admission

      1. 6. Admission as solicitor.

    3. The Roll

      1. 7. Keeping the roll.

      2. 8. Entry in the roll.

      3. 9. Removal of name from roll on request.

      4. 10. Restoration of name to roll on request.

      5. 11. Directions by Lord President.

      6. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Register of European lawyers

      1. 12A. Keeping the register

      2. 12B. Information to be provided by registered European lawyers

      3. 12C. Removal of name from register on request

      4. 12D. Restoration of name to register on request

    5. Practising Certificates

      1. 13. Applications for practising certificates.

      2. 14. Issue of practising certificate.

      3. 15. Discretion of Council in special cases.

      4. 16. Appeals from decisions of Council.

      5. 17. Date and expiry of practising certificates.

      6. 18. Suspension of practising certificates.

      7. 19. Further provisions relating to suspension of practising certificates.

      8. 20. Council’s duty to supply lists of solicitors holding practising certificates.

      9. 21. Consultants to hold practising certificates.

      10. 22. Evidence as to holding of practising certificates.

      11. 23. Offence to practise without practising certificate.

      12. 23A. Professional misconduct for registered European lawyer to practise without a registration certificate

      13. 23B.Failure on the part of a registered foreign lawyer in...

      14. 24. Saving of public officials.

    6. Registration certificates for registered European Lawyers

      1. 24A. Applications for registration certificates

      2. 24B. Issue of registration certificates

      3. 24C. Discretion of Council in special cases

      4. 24D. Appeals from decisions of Council

      5. 24E. Date and expiry of registration certificate

      6. 24F. Suspension of registration certificate

      7. 24G. Further provisions relating to suspension of registration certificate

    7. Rights of Solicitors

      1. 25. Rights of practising.

      2. 25A. Rights of audience in the Court of Session, the Supreme Court, the Judicial Committee of the Privy Council and the High Court of Justiciary.

    8. Restriction on rights of practising

      1. 26. Offence for solicitors to act as agents for unqualified persons.

      2. 27. Offence for solicitors to share fees with unqualified persons.

      3. 28. Offence for solicitors who are disqualified to seek employment without informing employer.

      4. 29. Restriction on borrowing processes.

      5. 30. Liability for fees of other solicitor.

    9. Unqualified persons acting as solicitors

      1. 31. Offence for unqualified persons to pretend to be solicitor or notary public.

      2. 32. Offence for unqualified persons to prepare certain documents.

      3. 33. Unqualified persons not entitled to fees, etc.

      4. 33A. Rules as to professional practice, conduct and discipline.

      5. 33B.(1) Any communication made to or by a registered foreign...

      6. 33C.Licensed legal services providers

  4. Part III Professional Practice, Conduct and Discipline of Solicitors

    1. Practice Rules

      1. 34. Rules as to professional practice, conduct and discipline.

    2. Accounts rules

      1. 35. Accounts rules.

      2. 36. Interest on client’s money.

      3. 37. Accountant’s certificates.

      4. 37A.Accounts fee

    3. Powers of Council to intervene

      1. 38. Powers where dishonesty alleged.

      2. 39. Powers where delay alleged.

      3. 39A. Powers where excessive fees etc charged.

      4. 40. Powers where failure to comply with accounts rules etc.

      5. 41. Appointment of judicial factor.

      6. 42. Distribution of sums in client bank account.

      7. 42ZA.Unsatisfactory professional conduct: Council's powers

      8. 42ZB.Unsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 42ZA(4)

      9. 42ZC.Report by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers

      10. 42ZD.Direction under section 42ZC(2): appeal by practitioner

      11. 42A. Powers where inadequate professional services alleged.

      12. 42B. Inadequate professional services: Council’s powers to monitor compliance with directions.

      13. 42C. Powers to examine documents and demand explanations in connection with complaints.

    4. Protection of clients

      1. 43. Guarantee Fund

      2. 44. Professional indemnity.

      3. 45. Safeguarding interests of clients of solicitor struck off or suspended.

      4. 46. Safeguarding interests of clients in certain other cases.

      5. 47. Restriction on employing solicitor struck off or suspended.

      6. 48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Part IV Complaints and Disciplinary Proceedings

    1. Lay Observer

      1. 49. Investigation by lay observer of Society’s treatment of complaints.

    2. The Scottish Solicitors’ Discipline Tribunal

      1. 50. The Tribunal.

      2. 51. Complaints to Tribunal.

      3. 52. Procedure on complaints and appeals to Tribunal.

      4. 53. Powers of Tribunal.

      5. 53ZA.Remission of complaint by Tribunal to Council

      6. 53ZB.Powers of Tribunal on appeal: unsatisfactory professional conduct

      7. 53ZC.Enforcement of Council direction: unsatisfactory professional conduct

      8. 53A. Inadequate professional services: powers of Tribunal.

      9. 53B. Inadequate professional services: appeal to Tribunal against Council determination or direction.

      10. 53C. Inadequate professional services: enforcement by Tribunal of Council direction.

      11. 53D. Suspension etc. of investment business certificates: appeal to Tribunal.

      12. 54. Appeals from decisions of Tribunal.

      13. 54A.Appeals from decisions of Tribunal: unsatisfactory professional conduct

    3. The Court

      1. 55. Powers of Court

      2. 55A.Powers of Court: unsatisfactory professional conduct

      3. 56. Saving for jurisdiction of courts.

      4. 56A. Further provision as to compensation awards.

  6. PART V Notaries Public

    1. 57. Admission and enrolment of solicitors as notaries public.

    2. 58. Removal from and restoration to register of names of notaries public.

    3. 59. Authority of notaries public to administer oaths, etc.

    4. 59A.Rules regarding notaries public

    5. 60.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  7. PART VI Miscellaneous And General

    1. Miscellaneous

      1. 60A. Registered foreign lawyers

      2. 61. Protection of banks.

      3. 61A. Solicitors fees.

      4. 62. Charge for expenses out of property recovered.

      5. 62A. Council’s power to recover expenses incurred under section. . . 45 or 46.

    2. General

      1. 63. Penalties and time limit for prosecution of offences

      2. 64. Service of notices etc.

      3. 64A. Advisory and supervisory functions of the Competition and Markets Authority .

      4. 64B. Duty of Secretary of State.

      5. 64C. Investigatory powers of the Competition and Markets Authority .

      6. 64CA.Enforcement of notices under section 64C

      7. 64CB.Altering, etc. documents required to be produced under section 64C

      8. 64D. Review of rules approved by the Secretary of State.

      9. 65. Interpretation.

      10. 66. Transitional and savings provisions, and repeals.

      11. 67. Citation, extent and commencement.

  8. SCHEDULES

    1. SCHEDULE 1

      The Law Society of Scotland

      1. Constitution and Proceedings

        1. 1.The Society shall be a body corporate with a common...

        2. 2.The Council shall prepare a scheme providing for—

        3. 3.The scheme prepared under paragraph 2— (a) may make provision...

        4. 3A.(1) This paragraph applies for the purpose of paragraph 3(bza)....

        5. 4.A scheme prepared under paragraph 2 shall have effect on...

        6. 5.The Society may by a resolution passed by a majority...

      2. Revenue

        1. 6.Subject to paragraph 7, every member of the Society shall,...

        2. 6A.The subscription payable under paragraph 6 by a practising member...

        3. 7.The. . . subscription payable by a solicitor in respect...

        4. 7A.The Society shall have power, subject to paragraphs 7B to...

        5. 7B.The Society may determine that an imposition under paragraph 7A...

        6. 7C.An imposition under paragraph 7A or a determination under that...

        7. 7D.No imposition may be made under paragraph 7A above unless...

        8. 8.Except as otherwise provided in this Act, the expenses of...

        9. 9.Paragraph 8 does not affect any trust constituted for a...

      3. Powers

        1. 10.The Society may— (a) purchase or otherwise acquire land for...

        2. 11.The Council may— (a) act for and in the name...

      4. Exemption from liability for damages

        1. 11A.Neither the Society nor any of its officers or servants...

      5. Attestation

        1. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. SCHEDULE 2

      The Roll: Powers of the Council and Ancillary Provisions

      1. 1.. . . . . . . . . ....

      2. 2.The Council may, on the application of a solicitor whose...

      3. 3.Any person aggrieved by a decision of the Council under...

      4. 4.Subject to section 7(3), the Council may charge such reasonable...

    3. SCHEDULE 3

      1. PART 1 The Scottish Solicitors Guarantee Fund

        1. Contributions by Solicitors

          1. 1.(1) Subject to the provisions of this Act, there shall...

        2. Contributions by registered European lawyers

          1. 1A.(1) Subject to the provisions of this paragraph, paragraph (1)...

        3. Contributions by registered foreign lawyers

          1. 1B.(1) Subject to the provisions of this paragraph, paragraph 1...

          2. 1C.(1) Paragraph 1 applies to a conveyancing or executry practitioner...

        4. Investment etc.

          1. 2.(1) Monies not immediately required to meet sums payable out...

        5. Insurance

          1. 3.(1) The society may enter into a contract of insurance...

        6. Grants

          1. 4.(1) Every application for a grant from the Guarantee Fund...

          2. 5.(1) The Scottish Ministers may by regulations amend the sum...

      2. Part II

        1. Power of Council to investigate

          1. 5.(1) If under section . . . 45 or 46...

    4. SCHEDULE 4

      Constitution, Procedure and Powers of Tribunal

      1. Part I

        1. Constitution

          1. 1.The Tribunal shall consist of not more than 28 members....

          2. 1A.The Tribunal shall consist of equal numbers of—

          3. 1B.The validity of any proceedings of the Tribunal is not...

          4. 1C.The Scottish Ministers may by order made by statutory instrument...

          5. 1D.A statutory instrument containing an order made under paragraph 1C...

          6. 2.Each member of the Tribunal shall retire from office on...

          7. 3.The Lord President may from time to time terminate the...

          8. 4.The Tribunal may appoint one of their number to be...

          9. 5.The Tribunal shall be deemed to be properly constituted if—...

          10. 6.There shall be paid to the non-lawyer members of the...

      2. Part II Procedure and Powers of Tribunal

        1. Complaints

          1. 7.The making of a complaint to the Tribunal or the...

          2. 8.A complaint made to the Tribunal shall not be withdrawn...

          3. 8A.Where a complaint is made to the Tribunal by a...

          4. 9.Subject to Part IV, the Tribunal may dismiss a complaint...

          5. 10.The Tribunal shall give notice of the complaint to the...

          6. 11.For the purpose of enquiring into the complaint the Tribunal...

          7. 12.On a petition by the complainer or the respondent to...

        2. Decisions

          1. 13.The Tribunal shall set out in their decision—

          2. 14.Every decision on the Tribunal shall be signed by the...

          3. 14A.In carrying out their duty under paragraph 14, the Tribunal...

          4. 15.A copy of every decision by the Tribunal certified by...

          5. 16.In the case of a decision by the Tribunal—

          6. 17.The Council shall forthwith intimate any order striking a solicitor...

          7. 18.The file of orders under this Act striking solicitors off...

          8. 18A.Without prejudice to paragraph 18, the Council shall ensure that...

        3. Expenses

          1. 19.Subject to the provisions of Part IV, the Tribunal may...

          2. 20.On the application of the person in whose favour an...

          3. 21.Such warrant shall have effect for execution and for all...

          4. 22.The expenses of the Tribunal so far as not otherwise...

        4. Appeals

          1. 23.The foregoing provisions of Part II of this Schedule shall...

          2. 24.Subject to Part IV, the Tribunal may dismiss an appeal...

          3. 25.The Tribunal shall give notice of the appeal to the...

    5. SCHEDULE 5

      1. 1.The lay observer shall hold and vacate his office in...

      2. 2.The Secretary of State may give general directions to the...

      3. 3.The Society shall consider any report or recommendation which it...

      4. 4.The Secretary of State may appoint staff for the lay...

      5. 5.Remuneration for the lay observer and his staff and any...

      6. 6.In determining the terms of employment and remuneration of the...

      7. 7.The Society shall furnish the lay observer with such information...

      8. 8.The Secretary of State shall direct the submission to him...

      9. 9.The Secretary of State shall lay a copy of any...

      10. 10.In Part III of Schedule 1 to the House of...

    6. SCHEDULE 6

      Transitional and Savings Provisions

      1. General

        1. 1.(1) Insofar as— any agreement, appointment, operation, authorisation, determination, scheme,...

        2. 2.Where any enactment passed before this Act or any instrument...

        3. 3.Where any period of time specified in an enactment repealed...

      2. Admission of enrolled law agent

        1. 4.Notwithstanding the repeal by this Act of section 15 of...

      3. Restriction of grant under Guarantee Fund

        1. 5.Notwithstanding the repeal by this Act of section 22(2)(b) of...

      4. Rights of banks

        1. 6.Nothing in section 61(3) shall deprive a bank of any...

      5. Admission to societies

        1. 7.Notwithstanding the repeal by this Act of sections 44 and...

      6. Powers of societies

        1. 8.The repeal of Section 35 of the Solicitors (Scotland) Act...

      7. Saving for non-qualified person to conduct certain proceedings

        1. 9.Nothing in this Act shall affect any enactment empowering any...

      8. Register of Law Agents

        1. 10.Notwithstanding the repeal by this Act of section 18(1) of...

      9. Certificate of admission

        1. 11.Notwithstanding the repeal by this Act of section 14 of...

    7. SCHEDULE 7

      Repeals

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