21 Consultants to hold practising certificates.S
(1)A consultant shall be treated for the purposes of this Act as a practising solicitor and the provisions relating to practising certificates and, subject to subsection (2), the Guarantee Fund shall apply to him.
(2)The Council may if they think fit exempt a consultant from any of the provisions of section 43 or Schedule 3 (the Guarantee Fund).
(3)In this section “consultant” means any solicitor who
[F1(a)]not being in partnership with a solicitor or other solicitors causes or permits his name to be associated with the name of that solicitor or those solicitors or their firm’s name,
[F2(b)not being a director of an incorporated practice, causes or permits his name to be associated with that incorporated practice,]
[F3(c)not being an owner, member or director of another form of authorised legal business, causes or permits their name to be associated with that business,]
whether he is described as a consultant or adviser or in any other way.
Textual Amendments
F1 “(a)” inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 3(a)
F2S. 21(3)(b) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 3(b)
F3S. 21(3)(c) inserted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 11(2); S.S.I. 2026/96, reg. 2(3)(4), sch. 2