http://www.legislation.gov.uk/ukpga/1980/46/section/42CSolicitors (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<Addition ChangeId="d29p4726" CommentaryRef="c8122131"> Powers to examine documents and demand explanations in connection with complaints.</Addition>42C1Where the Council are satisfied that it is necessary for them to do so for the purpose of investigating a complaint made to them or remitted to them by the Tribunal alleging—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bthe failure of an incorporated practice to comply with any provision of this Act or of rules made under this Act applicable to that practice; orc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the Council may give notice in writing in accordance with subsection (2) . . . to the incorporated practice . . . .2A notice under subsection (1) may require—athe production or delivery to any person appointed by the Council, at a time and place specified in the notice, of all documents to which this section applies which are in the possession or control of the . . . incorporated practice and relate to the matters to which the complaint relates (whether or not they relate also to other matters); andban explanation, within such period, not being less than 21 days, as the notice may specify, from the . . . incorporated practice regarding the matters to which the complaint relates.3This section applies to the following documents—aall books, accounts, deeds, securities, papers and other documents in the possession or control of . . . the incorporated practice;ball books, accounts, deeds, securities, papers and other documents relating to any trust . . . of which the incorporated practice or one of its employees is a sole trustee or of which the practice is a co-trustee only with one or more of its employees..4Part II of Schedule 3 shall have effect in relation to the powers conferred by subsection (1) to require the production or delivery of documents as it has effect in relation to the powers conferred by sections . . . , 45 and 46, but with the following modifications—afor the references in that Part to sections . . . , 45 and 46 there shall be substituted references to this section; andbfor the reference in paragraph 5(1) in that Part to a person failing to produce or deliver documents immediately on being required by the Council to do so there shall be substituted a reference to a person failing to produce or deliver the documents within the time specified in the notice under subsection (1) of this section.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S. 42C inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 2S. 42C 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. 13S. 42C(1)(a)(c) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(a)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3Words in s. 42C(1) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(a)(ii), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3Words in s. 42C(1) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(a)(iii), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3Words in s. 42C(2)(a)(b) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3Words in s. 42C(3) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(13)(a) (with s. 77); S.S.I. 2008/311, art. 2Words in s. 42C(3)(a) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(c)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3Words in s. 42C(3)(b) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(c)(ii), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3Words in s. 42C(4) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(13)(b) (with s. 77); S.S.I. 2008/311, art. 2Word in s. 42C(4) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(d), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3S. 42C(5) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(13)(c) (with s. 77); S.S.I. 2008/311, art. 2S. 42C(5) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(8)(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3