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Solicitors (Scotland) Act 1980

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This is the original version (as it was originally enacted).

38Powers where dishonesty alleged

(1)If the Council have reasonable cause to believe that a solicitor or an employee of his has been guilty of any such dishonesty as is mentioned in section 43(2) they may—

(a)require the production or delivery to any person appointed by the Council at a time and place fixed by the Council of the documents to which this section applies;

(b)take possession of all such documents; and

(c)apply to the Court for an order that no payment be made by any banker, building society or other body named in the order out of any banking account or any sum deposited in the name of such solicitor or his firm without the leave of the Court and the Court may make such order.

(2)This section applies to the following documents—

(a)all books, accounts, deeds, securities, papers and other documents in the possession or control of such solicitor or his firm;

(b)all books, accounts, deeds, securities, papers and other documents relating to any trust of which he is a sole trustee or is a co-trustee only with one or more of his partners or employees.

(3)Part II of Schedule 3 shall have effect in relation to the powers of the Council under this section.

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