Solicitors (Scotland) Act 1980

Part I Organisation

The Law Society of Scotland

1 Establishment and objects of Law Society of Scotland.

1APower to act as statutory regulator

2 Membership of Society.

The Council of the Law Society

3 Establishment and functions of Council of Law Society.

3ADischarge of functions of Council of the Law Society

3BRegulatory committee

3CParticular rules applying

3DResolving regulatory disputes

3EFurther provision for section 3B etc.

3FMeaning of “regulatory functions”

3GExtended meaning under section 3F

Part II Right to Practise as a Solicitor

Qualifications and Training

4 Qualifications for practising as a solicitor.

5 Training regulations.

6 Admission as solicitor.

7 Keeping the roll.

8 Entry in the roll.

9 Removal of name from roll on request.

10 Restoration of name to roll on request.

11 Directions by Lord President.

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of European lawyers

12A Keeping the register

12B Information to be provided by registered European lawyers

12C Removal of name from register on request

12D Restoration of name to register on request

Practising Certificates

13 Applications for practising certificates.

14 Issue of practising certificate.

15 Discretion of Council in special cases.

16 Appeals from decisions of Council.

17 Date and expiry of practising certificates.

18 Suspension of practising certificates.

19 Further provisions relating to suspension of practising certificates.

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

21 Consultants to hold practising certificates.

22 Evidence as to holding of practising certificates.

23 Offence to practise without practising certificate.

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

23BFailure on the part of a registered foreign lawyer in...

24 Saving of public officials.

Registration certificates for registered European Lawyers

24A Applications for registration certificates

24B Issue of registration certificates

24C Discretion of Council in special cases

24D Appeals from decisions of Council

24E Date and expiry of registration certificate

24F Suspension of registration certificate

24G Further provisions relating to suspension of registration certificate

Rights of Solicitors

25 Rights of practising.

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.

Restriction on rights of practising

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

27 Offence for solicitors to share fees with unqualified persons.

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

29 Restriction on borrowing processes.

30 Liability for fees of other solicitor.

Unqualified persons acting as solicitors

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

32 Offence for unqualified persons to prepare certain documents.

33 Unqualified persons not entitled to fees, etc.

33APrivilege of incorporated practices from disclosure etc.

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

33CLicensed legal services providers

Part III Professional Practice, Conduct and Discipline of Solicitors

34 Rules as to professional practice, conduct and discipline.

Accounts rules and fees

35Accounts rules.

36 Interest on client’s money.

37 Accountant’s certificates.

37AAccounts and anti-money laundering fees

Powers of Council to intervene

38 Powers where dishonesty alleged.

39 Powers where delay alleged.

39A Powers where excessive fees etc charged.

40 Powers where failure to comply with accounts rules etc.

41 Appointment of judicial factor.

42 Distribution of sums in client bank account.

42ZAUnsatisfactory professional conduct: Council's powers

42ZBUnsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 42ZA(4)

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

42ZDDirection under section 42ZC(2): appeal by practitioner

42A Powers where inadequate professional services alleged.

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

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

Protection of clients

43 Guarantee Fund

44 Professional indemnity.

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

46 Safeguarding interests of clients in certain other cases.

47 Restriction on employing solicitor struck off or suspended.

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Complaints and Disciplinary Proceedings

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

The Scottish Solicitors’ Discipline Tribunal

50 The Tribunal.

51 Complaints to Tribunal.

52 Procedure on complaints and appeals to Tribunal.

53Powers of Tribunal.

53ZARemission of complaint by Tribunal to Council

53ZBPowers of Tribunal on appeal: unsatisfactory professional conduct

53ZCEnforcement of Council direction: unsatisfactory professional conduct

53A Inadequate professional services: powers of Tribunal.

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

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

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

54 Appeals from decisions of Tribunal.

54AAppeals from decisions of Tribunal: unsatisfactory professional conduct

55 Powers of Court

55APowers of Court: unsatisfactory professional conduct

56 Saving for jurisdiction of courts.

56A Further provision as to compensation awards.

PART V Notaries Public

57 Admission and enrolment of solicitors as notaries public.

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

59 Authority of notaries public to administer oaths, etc.

59ARules regarding notaries public

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VI Miscellaneous And General

60A Registered foreign lawyers

61 Protection of banks.

61A Solicitors fees.

62 Charge for expenses out of property recovered.

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

63 Penalties and time limit for prosecution of offences

64 Service of notices etc.

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

64B Duty of Secretary of State.

64C Investigatory powers of the Competition and Markets Authority .

64CAEnforcement of notices under section 64C

64CBAltering, etc. documents required to be produced under section 64C

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

65Interpretation.

66Transitional and savings provisions, and repeals.

67 Citation, extent and commencement.

SCHEDULE 1 The Law Society of Scotland

Constitution and Proceedings

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

2The Council shall prepare a scheme providing for—

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

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

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

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

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

6AThe subscription payable under paragraph 6 by a practising member...

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

7AThe Society shall have power, subject to paragraphs 7B to...

7BThe Society may determine that an imposition under paragraph 7A...

7CAn imposition under paragraph 7A or a determination under that...

7DNo imposition may be made under paragraph 7A above unless...

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

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

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

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

Exemption from liability for damages

11ANeither the Society nor any of its officers or servants...

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 The Roll: Powers of the Council and Ancillary Provisions

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

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

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

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

PART 1 The Scottish Solicitors Guarantee Fund

Contributions by Solicitors

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

Contributions by registered European lawyers

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

Contributions by registered foreign lawyers

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

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

Investment etc.

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

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

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

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

Power of Council to investigate

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

SCHEDULE 4 Constitution, Procedure and Powers of Tribunal

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

1AThe Tribunal shall consist of equal numbers of—

1BThe validity of any proceedings of the Tribunal is not...

1CThe Scottish Ministers may by order made by statutory instrument...

1DA statutory instrument containing an order made under paragraph 1C...

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

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

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

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

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

Part II Procedure and Powers of Tribunal

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

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

8AWhere a complaint is made to the Tribunal by a...

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

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

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

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

13The Tribunal shall set out in their decision—

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

14AIn carrying out their duty under paragraph 14, the Tribunal...

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

16In the case of a decision by the Tribunal—

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

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

18AWithout prejudice to paragraph 18, the Council shall ensure that...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SCHEDULE 6 Transitional and Savings Provisions

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

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

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

Admission of enrolled law agent

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

Restriction of grant under Guarantee Fund

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

Rights of banks

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

Admission to societies

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

Powers of societies

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

Saving for non-qualified person to conduct certain proceedings

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

Register of Law Agents

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

Certificate of admission

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

SCHEDULE 7Repeals

Royal arms

Solicitors (Scotland) Act 1980

1980 CHAPTER 46

An Act to consolidate certain enactments relating to solicitors and notaries public in Scotland.

[1st August 1980]