(1)Any solicitor to whom this subsection applies who [F1or incorporated practice which] upon the account or for the profit of any unqualified person—
(a)acts as agent in any action or proceedings in any court, or
(b)permits or suffers his [F1or, as the case may be, its] name to be made use of in any way in any such action or proceedings; or
(c)[F2subject to subsection (4),] draws or prepares any writ to which section 32 applies, or
(d)[F3subject to subsection (4),] permits or suffers his [F1or, as the case may be, its] name to be made use of in the drawing or preparing of any such writ; or
(e)does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public,
knowing that person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence.
(2)Subsection (1) applies to any solicitor [F4, registered foreign lawyer] [F5or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000], not being a solicitor [F4, registered foreign lawyer] [F5or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000]who is employed full-time on a fixed salary by a body corporate [F6or employed by a law centre[F7or a citizens advice body].]
(3)In this section “person” includes a body corporate [F8but “unqualified person” does not include [F9a licensed legal services provider,] an incorporated practice] [F10, registered foreign lawyer, multi national practice] [F11or a registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000].
[F12(4)Subsection (1)(c) and (d) shall not apply in relation to—
(a)writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or
(b)papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.]
[F13(5)In this section, any reference to the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 is to those Regulations as they have effect by virtue of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.]
Textual Amendments
F1Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 4(a)
F2Words inserted in s. 26(1)(a) (1.3.1997 for all purposes except in relation to a recognised financial institution) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(a); S.I. 1966/2894, art. 3, Sch. as amended by S.I. 1996/2966, art. 2
F3Words inserted in s. 26(1)(d) (1.3.1997 for all purposes except in relation to a recognised financial institution) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(b); S.I. 1996/2894, art. 3, Sch. as amended by S.I. 1996/2966, art. 2
F4Words in s. 26(2) inserted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 4}
F5Words in s. 26(2) inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(6)(a)
F6Words inserted in s.26(2) (17.3.1993) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(c); S.I. 1993/641, art. 3, Sch.
F7Words in s. 26(2) inserted (1.4.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 125(1), 150(2); S.S.I. 2011/180, art. 3, Sch.
F8Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 4(b)
F9Words in s. 26(3) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(1), 150(2); S.S.I. 2012/152, art. 2, sch.
F10Words in s. 26(3) inserted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 4}
F11Words in s. 26(3) inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(6)(b)
F12S. 26(4) inserted (1.3.1997 for all purposes except in relation to a recognised financial institution) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(d); S.I. 1996/2894, art. 3, Sch. as amended by S.I. 1996/2966, art. 2
F13S. 26(5) inserted (31.12.2020) by The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/127), reg. 1(1), sch. para. 1(4); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 26 amended (17.5.2004) by S.I. 1978/1910, art. 18(2), Sch. Pt. 3 (as amended by The European Communities (Services of Lawyers) Amendment (Scotland) Order (S.S.I. 2004/186), {art. 7(c))}