OpenLegislation

Solicitors Act 1974 in Scotland

1974 c. 47 · Enacted 31 July 1974 · Extends to United Kingdom

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 1 January 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 48(2)words substitutedAdministration of Justice Act 1985 Sch. 7 para. 5
s. 49(3)words addedAdministration of Justice Act 1985 Sch. 7 para. 6
s. 1A(d)modifiedLegal Services Act 2007 Sch. 22 para. 12

Contents

  1. Part I: Right to Practise as Solicitor
  2. 1Qualifications for practising as solicitor.
  3. Admission
  4. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. 21Unqualified person not to pretend to be a solicitor.
  7. Part II: Professional Practice, Conduct and Discipline of Solicitors and Clerks
  8. 34AEmployees of solicitors
  9. 34BEmployees of solicitors: accounts rules etc
  10. 35Intervention in solicitor’s practice.
  11. 36ACompensation funds
  12. 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. 44BAPower to require explanation of document or information
  14. 44BBProvision of information and documents by other persons
  15. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  16. 44DDisciplinary powers of the Society
  17. 44EAppeals against disciplinary action under section 44D
  18. Disciplinary proceedings before Solicitors Disciplinary Tribunal
  19. 51Procedure upon certain applications to High Court.
  20. 52Power of Society to draw up order of court.
  21. 53Production of order of court to Society.
  22. 55Applications to require solicitor to answer allegations.
  23. Non–contentious business
  24. Contentious business
  25. Remuneration—general
  26. Part IV: Miscellaneous and General
  27. Miscellaneous
  28. 86Bankers’ books. Repealed
  29. 86ARules
  30. 88Saving for solicitors to public departments and City of London.
  31. 90Short title, commencement and extent.
  32. Part I: Circumstances in which Society may Intervene
  33. 2Paragraph 2
  34. Part II: Powers Exercisable on Intervention
  35. 6AParagraph 6A
  36. 6BParagraph 6B
  37. Documents
  38. Trusts
  39. 13AParagraph 13A
  40. Schedule S 3: CONSEQUENTIAL AMENDMENTS
  41. 5Paragraph 5 Repealed
  42. Schedule 4ENACTMENTS REPEALED

1Qualifications for practising as solicitor.

No person shall be qualified to act as a solicitor unless—

(a)

he has been admitted as a solicitor, and

(b)

his name is on the roll, and

(c)

he has in force a certificate issued by the Society in accordance with the provisions of this Part authorising him to practise as a solicitor (in this Act referred to as a “practising certificate”).

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

21Unqualified person not to pretend to be a solicitor.C1

Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to F1a fine not exceeding the fourth level on the standard scale

34AEmployees of solicitorsF1C1

(1)

Rules made by the Society may provide for any rules made under section 31, 32, 33A or 34 to have effect in relation to employees of solicitors with such additions, omissions or other modifications as appear to the Society to be necessary or expedient.

(2)

If any employee of a solicitor fails to comply with rules made under section 31 or 32, as they have effect in relation to the employee by virtue of subsection (1), any person may make a complaint in respect of that failure to the Tribunal.

(3)

If any employee of a solicitor fails to comply with rules made under section 34, as they have effect in relation to the employee by virtue of subsection (1), a complaint in respect of that failure may be made to the Tribunal by or on behalf of the Society.

34BEmployees of solicitors: accounts rules etcF1C1

(1)

Where rules made under section 32(1) have effect in relation to employees of solicitors by virtue of section 34A(1), section 85 applies in relation to an employee to whom the rules have effect who keeps an account with a bank or building society in pursuance of such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32.

(2)

Subsection (3) applies where rules made under section 32—

(a)

contain any such provision as is referred to in section 33(1), and

(b)

have effect in relation to employees of solicitors by virtue of section 34A(1).

(3)

Except as provided by the rules, an employee to whom the rules are applied is not liable to account to any client, other person or trust for interest received by the employee on money held at a bank or building society in an account which is for money received or held for, or on account of—

(a)

clients of the solicitor, other persons or trusts, generally, or

(b)

that client, person or trust, separately.

(4)

Subsection (5) applies where rules made under section 33A(1) have effect in relation to employees of solicitors by virtue of section 34A(1).

(5)

The Society may disclose a report on or information about the accounts of any employee of a solicitor obtained in pursuance of such rules for use—

(a)

in investigating the possible commission of an offence by the solicitor or any employees of the solicitor, and

(b)

in connection with any prosecution of the solicitor or any employees of the solicitor consequent on the investigation.

(6)

Where rules made under section 34 have effect in relation to employees of solicitors by virtue of section 34A(1), section 34(9) and (10) apply in relation to such an employee as they apply in relation to a solicitor.

35Intervention in solicitor’s practice.C1C2

The powers conferred by Part II of Schedule 1 shall be exercisable in the circumstances specified in Part I of that Schedule.

36ACompensation fundsF1C1C2C3

(1)

Compensation rules may require or authorise the Society to establish or maintain a fund or funds (“compensation funds”) for the purpose of making grants in respect of compensation claims.

C4(2)

Compensation rules may require solicitors, or solicitors of a description prescribed in the rules, to make contributions to compensation funds of such amounts, at such times and in such circumstances, as may be prescribed in or determined in accordance with the rules.

(3)

Any amount payable by virtue of such a requirement may be recovered as a debt due to the Society.

(4)

Subsection (2) does not apply to a solicitor who is a Crown Prosecutor.

(5)

The Society may invest any money which forms part of a compensation fund in any investments in which trustees may invest under the general power of investment in section 3 of the Trustee Act 2000 (as restricted by sections 4 and 5 of that Act).

(6)

The Society may insure with authorised insurers, in relation to compensation funds, for such purposes and on such terms as it considers appropriate.

(7)

The Society may, in such circumstances and subject to such conditions as may be prescribed in or determined in accordance with compensation rules—

(a)

borrow for the purposes of a compensation fund;

(b)

charge investments which form part of a compensation fund as security for borrowing by the Society for the purposes of that fund.

(8)

A compensation fund may be applied by the Society for the purposes mentioned in subsection (9) (in addition to the making of grants in respect of compensation claims).

(9)

The purposes are—

(a)

payment of premiums on insurance policies effected under subsection (6);

(b)

repayment of money borrowed by the Society for the purposes of the fund and payment of interest on any money so borrowed;

(c)

payment of any other costs, charges or expenses incurred by the Society in establishing, maintaining, protecting administering or applying the fund;

(d)

payment of any costs, charges or expenses incurred by the Society in exercising its powers under Part 2 of Schedule 1;

(e)

payment of any costs or damages incurred by the Society, its employees or agents as a result of proceedings against it or them for any act or omission of its or theirs in good faith and in the exercise or purported exercise of such powers.

(10)

In this section—

  • “compensation claim” has the same meaning as in section 36;

  • “compensation fund” has the meaning given by subsection (1);

  • “compensation rules” means rules under section 36(1).

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

44BAPower to require explanation of document or informationF1C1C2C3C4

(1)

The Society may, by notice, require a person to whom a notice is given under section 44B (or a representative of the person) to attend at a time and place specified in the notice to provide an explanation of any information provided or document produced pursuant to the notice.

(2)

The Society may pay to any person such reasonable costs as may be incurred by that person in connection with that person's compliance with a requirement imposed under subsection (1).

(3)

Paragraphs 9(3) and (4) and 13, 15 and 16 of Schedule 1 apply in relation to a notice under this section, except that for this purpose—

(a)

paragraph 9 of that Schedule has effect as if—

(i)

in sub-paragraph (3) for “having” to “sub-paragraph (1)” there were substituted “ refuses, neglects or otherwise fails to comply with a requirement under section 44BA(1) ”, and

(ii)

in sub-paragraph (4) for “produce” (in the first place) to the end there were substituted “ provide an explanation of any information provided or document produced pursuant to a notice under section 44B (or a representative of such a person) to attend at a time and place specified in the order to provide an explanation of any information so provided or document so produced. ”, and

(b)

the reference to the solicitor or his personal representative in paragraph 13 of that Schedule is to be construed as a reference to the person to whom the notice was given under this section.

44BBProvision of information and documents by other personsF1

(1)

The High Court, on the application of the Society, may order a person to whom section 44B does not apply—

(a)

to provide information, or information of a description, specified in the notice, or

(b)

to produce documents, or documents of a description, specified in the notice.

(2)

The High Court may make an order under this section only if it is satisfied—

(a)

that it is likely that the information or document is in the possession or custody of, or under the control of, the person, and

(b)

that there is reasonable cause to believe that the information or document is likely to be of material significance to an investigation into any of the matters mentioned in section 44B(3)(a) to (d).

(3)

An order under this section may direct the Society to pay to a person specified in the order such reasonable costs as may be incurred by that person in connection with the provision of any information, or production of any document, by that person pursuant to the order.

(4)

Section 44B(4) applies in relation to an order under this section as it applies in relation to a notice under section 44B.

(5)

Paragraphs 9(5A) and (7) to (12), 12, 13, 15 and 16 of Schedule 1 apply in relation to an order under this section as they apply in relation to an order under paragraph 9(4) of that Schedule, except that for this purpose—

(a)

the reference to the solicitor or personal representative in paragraph 9(7) of that Schedule is to be construed as a reference to the person in respect of whom the order under this section is made,

(b)

the reference in paragraph 9(12) of that Schedule to the Society is to be read as including a reference to a person specified under section 44B(4)(c) (as applied by subsection (4) of this section), and

(c)

the reference to the solicitor or his personal representative in paragraph 13 of that Schedule is to be construed as a reference to the person to whom the notice was given under this section.

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

44DDisciplinary powers of the SocietyF1C1C2C3

(1)

This section applies where the Society is satisfied—

(a)

that a solicitor or an employee of a solicitor has failed to comply with a requirement imposed by or by virtue of this Act or any rules made by the Society, or

(b)

that there has been professional misconduct by a solicitor.

(2)

The Society may do one or both of the following—

(a)

give the person a written rebuke;

(b)

direct the person to pay a penalty not exceeding F2£25,000.

(F32A)

In a case where this subsection applies, subsection (2)(b) has effect as if the words after “penalty” (which set a limit on the amount of the penalty a person may be directed to pay) were omitted.

(2B)

Subsection (2A) applies where the Society takes action against a person under subsection (2)(b)—

(a)

for failure to comply with a requirement or rule referred to in subsection (1)(a), where—

(i)

the requirement or rule applies only for purposes relating to the prevention or detection of economic crime, or

(ii)

the failure consisted of an act or omission which had the effect of inhibiting the prevention or detection of economic crime, or

(b)

for professional misconduct as referred to in subsection (1)(b), where the misconduct consisted of an act or omission which had the effect of inhibiting the prevention or detection of economic crime.

(2C)

In subsection (2B) “economic crime” has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023.

(3)

The Society may publish details of any action it has taken under subsection (2)(a) or (b), if it considers it to be in the public interest to do so.

(4)

Where the Society takes action against a person under subsection (2)(b), or decides to publish under subsection (3) details of any action taken under subsection (2)(a) or (b), it must notify the person in writing that it has done so.

(5)

A penalty imposed under subsection (2)(b) does not become payable until—

(a)

the end of the period during which an appeal against the decision to impose the penalty, or the amount of the penalty, may be made under section 44E, or

(b)

if such an appeal is made, such time as it is determined or withdrawn.

(6)

The Society may not publish under subsection (3) details of any action under subsection (2)(a) or (b)—

(a)

during the period within which an appeal against—

(i)

the decision to take the action,

(ii)

in the case of action under subsection (2)(b), the amount of the penalty, or

(iii)

the decision to publish the details,

may be made under section 44E, or

(b)

if such an appeal has been made, until such time as it is determined or withdrawn.

(7)

The Society must make rules—

(a)

prescribing the circumstances in which the Society may decide to take action under subsection (2)(a) or (b);

(b)

about the practice and procedure to be followed by the Society in relation to such action;

(c)

governing the publication under subsection (3) of details of action taken under subsection (2)(a) or (b);

and the Society may make such other rules in connection with the exercise of its powers under this section as it considers appropriate.

(8)

Before making rules under subsection (7), the Society must consult the Tribunal.

(9)

A penalty payable under this section may be recovered as a debt due to the Society, and is to be forfeited to Her Majesty.

(10)

The Lord Chancellor may, by order, amend paragraph (b) of subsection (2) so as to substitute for the amount for the time being specified in that paragraph such other amount as may be specified in the order.

(11)

Before making an order under subsection (10), the Lord Chancellor must consult the Society.

(12)

An order under subsection (10) is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(13)

This section is without prejudice to any power conferred on the Society or any other person to make an application or complaint to the Tribunal.

44EAppeals against disciplinary action under section 44DF1C1C2

(1)

A person may appeal against—

(a)

a decision by the Society to rebuke that person under section 44D(2)(a) if a decision is also made to publish details of the rebuke;

(b)

a decision by the Society to impose a penalty on that person under section 44D(2)(b) or the amount of that penalty;

(c)

a decision by the Society to publish under section 44D(3) details of any action taken against that person under section 44D(2)(a) or (b).

(2)

Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 (Tribunal rules about procedure for hearings etc) apply in relation to appeals under this section as they apply in relation to applications or complaints, except that subsection (11) of that section is to be read as if for “the applicant” to “application)” there were substituted any party to the appeal.

(3)

Rules under section 46(9)(b) may, in particular, make provision about the period during which an appeal under this section may be made.

(4)

On an appeal under this section, the Tribunal has power to make such order as it thinks fit, and such an order may in particular—

(a)

affirm the decision of the Society;

(b)

revoke the decision of the Society;

(c)

in the case of a penalty imposed under section 44D(2)(b), vary the amount of the penalty;

(d)

in the case of a solicitor, contain provision for any of the matters mentioned in paragraphs (a) to (d) of section 47(2);

(e)

in the case of an employee of a solicitor, contain provision for any of the matters mentioned in section 47(2E);

(f)

make such provision as the Tribunal thinks fit as to payment of costs.

(5)

Where by virtue of subsection (4)(e) an order contains provision for any of the matters mentioned in section 47(2E)(c), section 47(2F) and (2G) apply as if the order had been made under section 47(2E)(c).

(6)

An appeal from the Tribunal shall lie to the High Court, at the instance of the Society or the person in respect of whom the order of the Tribunal was made.

(7)

The High Court shall have power to make such order on an appeal under this section as it may think fit.

(8)

Any decision of the High Court on an appeal under this section shall be final.

(9)

This section is without prejudice to any power conferred on the Tribunal in connection with an application or complaint made to it.

51Procedure upon certain applications to High Court.C1C2

(1)

Where an application to strike the name of a solicitor off the roll or to require a solicitor to answer allegations contained in an affidavit is made to the High Court, then, subject to section 54, the following provisions of this section shall have effect in relation to that application.

(2)

The court shall not entertain the application except on production of an affidavit proving that the applicant has served on the Society fourteen clear days’ notice of his intention to make the application, together with copies of all affidavits intended to be used in support of the application.

(3)

The Society may appear by counsel on the hearing of the application and any other proceedings arising out of or in reference to the application, and may apply to the court—

(a)

to make absolute any order nisi which the court may have made on the application;

(b)

to make an order that the name of the solicitor be struck off the roll; or

(c)

to make such other order as the court may think fit.

(4)

The court may order the costs of the Society of or relating to any of the matters mentioned in subsections (2) and (3) to be paid by the solicitor against whom, or by the person by whom, the application was made, or was intended to be made, or partly by one and partly by the other of them.

52Power of Society to draw up order of court.C1C2

Where an order, whether nisi or absolute, is made by the High Court or the Court of Appeal on a motion to strike the name of a solicitor off the roll, or to require a solicitor to answer allegations contained in an affidavit, and that order is not drawn up by the applicant within one week of its being made, the Society may cause the order to be drawn up, and all future proceedings on the order shall be taken as if the motion had been made by the Society.

53Production of order of court to Society.C1C2

Where an order is made by the High Court or the Court of Appeal that the name of a solicitor be struck off the roll, or that a solicitor be suspended from practice, the proper officer of the court shall forthwith send a copy of the order to the Society, and the Society shall enter a note of the order on the roll against the name of the solicitor and, where the order so directs, shall strike that name off the roll.

55Applications to require solicitor to answer allegations.C1C2

For the avoidance of doubt it is hereby declared that an application by any person to require a solicitor to answer allegations contained in an affidavit, whether that application is made to the Tribunal or to the High Court, may be treated as an application to strike the name of that solicitor off the roll on the grounds of the matters alleged.

86Bankers’ books.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86ARulesF1C1

(1)

Rules made by the Society under this Act may —

(a)

make provision generally or subject to exceptions or only in relation to specified cases;

(b)

make different provision for different cases or circumstances or for different purposes.

(2)

Without prejudice to the generality of subsection (1), any rules prescribing a fee may provide for that fee to be reduced or waived in such circumstances as may be specified in the rules.

88Saving for solicitors to public departments and City of London.

(1)

Nothing in this Act shall prejudice or affect any rights or privileges of the solicitor to the Treasury, any other public department, the Church Commissioners or the Duchy of Cornwall, or require any such officer or any clerk or officer appointed to act for him to be admitted or enrolled or to hold a practising certificate in any case where it would not have been necessary for him to be admitted or enrolled or to hold such a certificate if this Act had not been passed.

F1(1A)

The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.

(2)

Sections 31 and 32(1) shall not apply to, and nothing in this Act shall prejudice or affect any rights or privileges which immediately before the commencement of this Act attached to the office of, the Solicitor of the City of London.

90Short title, commencement and extent.

(1)

This Act may be cited as the Solicitors Act 1974.

C1(2)

This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, not being earlier than the first day on which all the provisions of the M1Solicitors (Amendment) Act 1974 are in force.

(3)

If any order made under section 19(7) of the M2Solicitors (Amendment) Act 1974 makes any savings from the effect of any provision of that Act which it brings into force, the order under subsection (2) may make corresponding savings from the effect of the corresponding provision of this Act.

(4)

The provisions of this Act extend to England and Wales only, with the exception of—

(a)

section 4(4) and the repeal of section 5(3) of the M3Solicitors Act 1957, which extend to Scotland;

(b)

section 29 and the repeal of section I of the M4Solicitors (Amendment) Act 1974, which extend to Northern Ireland;

(c)

sections 5(3) and 86, F1. . . and the repeals of section 5(2) of the Solicitors Act 1957 and paragraphs 1 and 5 of Schedule 2 to the M5Solicitors (Amendment) Act 1974, all of which extend both to Scotland and to Northern Ireland.

2

On the death of a sole solicitor paragraphs 6 to 8 shall apply to the client accounts of his practice.

6AC1C2F1

(1)

Without prejudice to paragraph 5, if the Society passes a resolution to the effect that any rights to which this paragraph applies shall vest in the Society, those rights shall vest accordingly.

(2)

This paragraph applies to any right to recover or receive debts due to the solicitor or his firm in connection with his practice or former practice.

(3)

Any sums recovered by the Society by virtue of the exercise of rights vested under sub-paragraph (1) shall vest in the Society and shall be held by it on trust to exercise in relation to them the powers conferred by this Part of this Schedule and, subject to those powers and to rules under paragraph 6B, upon trust for the persons beneficially entitled to them.

(4)

The Society shall serve on the solicitor or his firm, and any person who owes a debt to which the order applies, a certified copy of the Society's resolution.

6BC1C2F1

(1)

The Society may make rules governing its treatment of sums vested in it under paragraph 6 or 6A(3).

(2)

The rules may in particular make provision in respect of cases where the Society, having taken such steps to do so as are reasonable in all the circumstances of the case, is unable to trace the person or persons beneficially entitled to any sum vested in the Society under paragraph 6 or 6A(3) (including provision which requires amounts to be paid into or out of compensation funds (within the meaning of section 36A)).

13AF1

(1)

The High Court, on the application of the Society, may order a former partner of the solicitor to pay a specified proportion of the costs mentioned in paragraph 13.

(2)

The High Court may make an order under this paragraph only if it is satisfied that the conduct (or any part of the conduct) by reason of which the powers conferred by this Part were exercisable in relation to the solicitor was conduct carried on with the consent or connivance of, or was attributable to any neglect on the part of, the former partner.

(3)

In this paragraph “ specified ” means specified in the order made by the High Court.

5F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 4ENACTMENTS REPEALEDX1