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”.