5(1)If under section F1. . . [F245 or 46] any person (whether a solicitor or not) having possession or control of any documents mentioned in that section refuses or fails to produce or deliver them immediately on being required by the Council to do so or to cause them to be so produced or delivered, the Council may apply to the Court for an order requiring that person to produce or deliver the documents or to cause them to be produced or delivered to the person appointed at the place fixed by the Council within such time as Court may order.S
(2)Upon taking possession of any such documents which have been produced or delivered to the Council, the Council shall serve upon the solicitor [F3or incorporated practice] mentioned in section F1. . . [F245 or 46], and every such person, a notice giving particulars and the date on which they took possession.
(3)Every requirement made or notice given under section F1. . . [F2 45 or 46] or under this Part of this Schedule shall be in writing under the hand of such person as may be appointed by the Council for the purpose and may be served either personally or by registered letter or by letter sent by recorded delivery service addressed to the last known place of business or residence of the person to whom the requirement is made or notice given.
(4)Within 14 days after service of a notice under sub-paragraph (2) the person upon whom such notice has been served may apply to the Court for an order directing the Council to return such documents to the person from whom they were received by the Council or to such other person as the applicant may request and on the hearing of any such application the Court may make the order applied for or such other order as they think fit.
(5)If no application is made to the Court under sub-paragraph (4) or if the Court on any such application directs that the documents in question remain in the custody or control of the Council, the Council may make enquiries to ascertain the person to whom they belong and may deal with the documents in accordance with the directions of that person.
Textual Amendments
F1Words in Sch. 3 para. 5(1)-(3) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(18), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3
F2Words in Sch. 3 para. 5(1)-(3) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(25) (with s. 77); S.S.I. 2008/311, art. 2
F3Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 34(d)
Modifications etc. (not altering text)
C1Sch. 3 para. 5 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 13}