Part 4

Miscellaneous

Removal of certain practising restrictions

Removal of practising restrictions: law centres, citizens advice bodies and charities
89
1
The 1980 Act is amended as follows.
2
In section 26(2) (offence for solicitors to act as agents for unqualified persons), for “or a citizens advice body” substitute “, a citizens advice body or a charity”.
3
In section 32 (offence for unqualified persons to prepare certain documents), in subsection (2B) (as substituted by paragraph 39(10) of schedule 3), after paragraph (b) insert—
c
a law centre, a citizens advice body or a charity.
.
4
After section 33B, insert—

Privilege of law centres, citizens advice bodies and charities from disclosure etc.
33BA
1
Any communication made to or by a law centre, a citizens advice body or a charity in the course of its providing legal services to a client will in any legal proceedings be privileged from disclosure in like manner as if the law centre, citizens advice body or charity (as the case may be) had at all material times been a solicitor providing legal services to a client.
2
Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained, will, with any necessary modifications, have effect in relation to a law centre, a citizens advice body or a charity in the course of its providing legal services to a client as it has effect in relation to a solicitor.
3
This section is without prejudice to any other enactment or rule of law concerning professional or other privilege from disclosure (in particular, as applicable in relation to a solicitor).
.
5
After section 33C, insert—

Practice rules relating to law centres, citizens advice bodies and charities
33D
1
Subsection (2) applies to any rule made under section 34 that prohibits or unduly restricts the—
a
involvement of solicitors in or with, or employment of solicitors by, law centres, citizens advice bodies or charities, or
b
provision of legal services by law centres, citizens advice bodies or charities.
2
The rule is of no effect in so far as it does so (and for this purpose it is immaterial when the rule was made).
3
The reference in subsection (1)(a) to solicitors does not include a solicitor who is disqualified from practice by reason of having been—
a
struck off (or removed from) the roll, or
b
suspended from practice.
.
6
In section 65(1) (interpretation), at the appropriate place, insert—
- “charity” means a body entered in the Scottish Charity Register,
.
S. 89 not in force at Royal Assent, see s. 103(3)