http://www.legislation.gov.uk/ukpga/1980/46/section/41Solicitors (Scotland) Act 1980An Act to consolidate certain enactments relating to solicitors and notaries public in Scotland.1980-11-01texttext/xmlenStatute Law Database2026-04-15Expert Participation2026-03-05 Part III Professional Practice, Conduct and Discipline of Solicitors Powers of Council to intervene Appointment of judicial factor.41Where the Council, in exercise of any power conferred on them by rules made by virtue of section 34(1D) or the accounts rules, have caused an investigation to be made of the books, accounts and other documents of a solicitor or an incorporated practice, and, on consideration of the report of the investigation, the Council are satisfied—athat the solicitor or, as the case may be, the incorporated practice has failed. . . to comply with the provisions of those rules, andbthat, , in the case of a solicitor, in connection with his practice as such, either—ihis liabilities exceed his assets in the business, oriihis books, accounts and other documents are in such a condition that it is not reasonably practicable to ascertain definitely whether his liabilities exceed his assets, oriiithere is reasonable ground for apprehending that a claim on the Guarantee Fund may arise ; orcthat, in the case of an incorporated practice, either—iits liabilities exceed its assets, oriiits books, accounts and other documents are in such a condition that it is not reasonably practicable to ascertain definitely whether its liabilities exceed its assets, oriiithere is reasonable ground for apprehending that a claim on the guarantee fund may arise.the Council may apply to the Court for the appointment of a judicial factor on the estate of the solicitor or, as the case may be, of the incorporated practice; and the Court, on consideration of the said report and after giving the solicitor or, as the case may be, the incorporated practice an opportunity of being heard, may appoint a judicial factor on such estate, or do otherwise as seems proper to it.S. 41 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 13Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 19(a)Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 19(b)Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1)(2), Sch. 1 para. 13, Sch. 2Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 19(c)S. 41(c) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 19(d)Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 19(e)Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 19(f)Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 19(g)Words in s. 41 inserted (10.1.2019) by The Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1337), regs. 1(2), 6(5)