PART 4Solicitors (Scotland) Act 1980
Amendment of the Solicitors (Scotland) Act 19806
1
The Solicitors (Scotland) Act 19806 is amended as follows.
2
In section 34 (rules as to professional practice, conduct and discipline) for subsection (1D) substitute—
1D
Rules made under this section may make provision as to—
a
the way in which solicitors and incorporated practices are to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;
b
the action which the Council may take to enable them to ascertain whether or not such rules are being complied with; and
c
the recovery from solicitors of fees and other costs incurred by the Council in ascertaining whether or not a solicitor who has failed to comply with such rules has remedied that failure and is complying with the rules.
3
In section 40(1) (powers where failure to comply with accounts rules etc.) before paragraph (a) insert—
za
rules made by virtue of section 34(1D),
4
In section 40(4) after “the operation of” insert “section 34(4ZA),”.
5
In the introductory wording to section 41 (appointment of judicial factor) after “conferred on them by” insert “rules made by virtue of section 34(1D) or”.