Solicitors (Scotland) Act 1980
1980 c. 46 · Enacted 1 August 1980 · Extends to Scotland
C1C2An Act to consolidate certain enactments relating to solicitors and notaries public in Scotland.
[1st August 1980]
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (22.5.2000) by S.S.I. 2000/121, regs. 1, 37(2), Sch. 2 para. 1; which affecting S.S.I. is revoked by S.S.I. 2019/127, regs. 1(1), 3(b) (subject to savings and transitional provisions in regs. 6-12, Sch. para. 2)
- C2
Act excluded (17.5.2004) by S.I. 1978/1910, art. 18(2) (as amended by The European Communities (Services of Lawyers) Amendment (Scotland) Order 2004 (S.S.I. 2004/186), arts. 1, 6); which affecting 1978 Order is revoked by S.S.I. 2019/127, regs. 1(1), 3(a) (with regs. 4, 5)
Contents
- Part I: Organisation
- The Law Society of Scotland
- 1Establishment and objects of Law Society of Scotland.
- 1APower to act as statutory regulator
- 2Membership of Society.
- The Council of the Law Society
- 3Establishment and functions of Council of Law Society.
- 3ADischarge of functions of Council of the Law Society
- 3BRegulatory committee
- 3CParticular rules applying
- 3DResolving regulatory disputes
- 3EFurther provision for section 3B etc.
- 3FMeaning of “regulatory functions”
- 3GExtended meaning under section 3F
- Part II: Right to Practise as a Solicitor
- Qualifications and Training
- 4Qualifications for practising as a solicitor.
- 5Training regulations.
- Admission
- 6Admission as solicitor.
- The Roll
- 7Keeping the roll.
- 8Entry in the roll.
- 9Removal of name from roll on request.
- 10Restoration of name to roll on request.
- 11Directions by Lord President.
- 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Register of European lawyers
- 12AKeeping the register
- 12BInformation to be provided by registered European lawyers
- 12CRemoval of name from register on request
- 12DRestoration of name to register on request
- Practising Certificates
- 13Applications for practising certificates.
- 14Issue of practising certificate.
- 15Discretion of Council in special cases.
- 16Appeals from decisions of Council.
- 17Date and expiry of practising certificates.
- 18Suspension of practising certificates.
- 19Further provisions relating to suspension of practising certificates.
- 20Council’s duty to supply lists of solicitors holding practising certificates.
- 21Consultants to hold practising certificates.
- 22Evidence as to holding of practising certificates.
- 23Offence to practise without practising certificate.
- 23AProfessional misconduct for registered European lawyer to practise without a registration certificate
- 23BSection 23B
- 24Saving of public officials.
- Registration certificates for registered European Lawyers
- 24AApplications for registration certificates
- 24BIssue of registration certificates
- 24CDiscretion of Council in special cases
- 24DAppeals from decisions of Council
- 24EDate and expiry of registration certificate
- 24FSuspension of registration certificate
- 24GFurther provisions relating to suspension of registration certificate
- Rights of Solicitors
- 25Rights of practising.
- 25ARights of audience in the Court of Session, the Supreme Court, the Judicial Committee of the Privy Council and the High Court of Justiciary.
- Restriction on rights of practising
- 26Offence for solicitors to act as agents for unqualified persons.
- 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 28Offence for solicitors who are disqualified to seek employment without informing employer.
- 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 30Liability for fees of other solicitor.
- Unqualified persons acting as solicitors
- 31Offence for unqualified persons to pretend to be solicitor or notary public.
- 32Offence for unqualified persons to prepare certain documents.
- 33Unqualified persons not entitled to fees, etc.
- 33APrivilege of incorporated practices from disclosure etc.
- 33BSection 33B
- 33BAPrivilege of law centres, citizens advice bodies and charities from disclosure etc.
- 33CLicensed legal services providers
- 33DPractice rules relating to law centres, citizens advice bodies and charities
- Part III: Professional Practice, Conduct and Discipline of Solicitors
- Practice Rules
- 34Rules as to professional practice, conduct and discipline.
- Accounts rules and fees
- 35Accounts rules.
- 36Interest on client’s money.
- 37Accountant’s certificates.
- 37AAccounts and anti-money laundering fees
- Powers of Council to intervene
- 38Powers where dishonesty alleged. Repealed
- 39Powers where delay alleged. Repealed
- 39APowers where excessive fees etc charged.
- 40Powers where failure to comply with accounts rules etc.
- 41Appointment of judicial factor.
- 42Distribution of sums in client bank account.
- 42ZAUnsatisfactory professional conduct: Council's powers
- 42ZBUnsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 42ZA(4)
- 42ZCReport by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers
- 42ZDDirection under section 42ZC(2): appeal by practitioner
- 42APowers where inadequate professional services alleged. Repealed
- 42BInadequate professional services: Council’s powers to monitor compliance with directions. Repealed
- 42CPowers to examine documents and demand explanations in connection with complaints.
- Protection of clients
- 43Guarantee Fund
- 44Professional indemnity.
- 45Safeguarding interests of clients of solicitor struck off or suspended.
- 45ASafeguarding interests of clients of an authorised legal business where authorisation suspended or withdrawn
- 46Safeguarding interests of clients in certain other cases.
- 46ASafeguarding interests of clients in certain other cases
- 47Restriction on employing solicitor struck off or suspended.
- 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part IV: Complaints and Disciplinary Proceedings
- Lay Observer
- 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- The Scottish Solicitors’ Discipline Tribunal
- 50The Tribunal.
- 51Complaints to Tribunal.
- 52Procedure on complaints and appeals to Tribunal.
- 53Powers of Tribunal.
- 53ZARemission of complaint by Tribunal to Council
- 53ZBPowers of Tribunal on appeal: unsatisfactory professional conduct
- 53ZCEnforcement of Council direction: unsatisfactory professional conduct
- 53AInadequate professional services: powers of Tribunal. Repealed
- 53BInadequate professional services: appeal to Tribunal against Council determination or direction. Repealed
- 53CInadequate professional services: enforcement by Tribunal of Council direction. Repealed
- 53DSuspension etc. of investment business certificates: appeal to Tribunal.
- 54Appeals from decisions of Tribunal.
- 54AAppeals from decisions of Tribunal: unsatisfactory professional conduct
- The Court
- 55Powers of Court
- 55APowers of Court: unsatisfactory professional conduct
- 56Saving for jurisdiction of courts.
- 56AFurther provision as to compensation awards. Repealed
- Part V: Notaries Public
- 57Admission and enrolment of solicitors as notaries public.
- 58Removal from and restoration to register of names of notaries public.
- 59Authority of notaries public to administer oaths, etc.
- 59ARules regarding notaries public
- 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part VI: Miscellaneous And General
- Miscellaneous
- 60ARegistered foreign lawyers
- 61Protection of banks.
- 61ASolicitors fees.
- 62Charge for expenses out of property recovered.
- 62ACouncil’s power to recover expenses incurred under section. . . 45 or 46.
- General
- 63Penalties and time limit for prosecution of offences
- 64Service of notices etc.
- 64AAdvisory and supervisory functions of the Competition and Markets Authority .
- 64BDuty of Secretary of State.
- 64CInvestigatory powers of the Competition and Markets Authority .
- 64CAEnforcement of notices under section 64C
- 64CBAltering, etc. documents required to be produced under section 64C
- 64DReview of rules approved by the Secretary of State.
- 65Interpretation.
- 66Transitional and savings provisions, and repeals.
- 67Citation, extent and commencement.
- Schedule 1: The Law Society of Scotland
- Constitution and Proceedings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 5Paragraph 5
- Revenue
- 6Paragraph 6
- 6AParagraph 6A
- 6BParagraph 6B
- 7Paragraph 7
- 7AParagraph 7A
- 7BParagraph 7B
- 7CParagraph 7C
- 7DParagraph 7D
- 8Paragraph 8
- 9Paragraph 9
- Powers
- 10Paragraph 10
- 11Paragraph 11
- Exemption from liability for damages
- 11AParagraph 11A
- Attestation
- 12Paragraph 12 Repealed
- Schedule 2: The Roll: Powers of the Council and Ancillary Provisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3
- Part 1: The Scottish Solicitors Guarantee Fund
- Contributions by Solicitors
- 1Paragraph 1
- Contributions by registered European lawyers
- 1AParagraph 1A
- Contributions by registered foreign lawyers
- 1BParagraph 1B
- 1CParagraph 1C
- Investment etc.
- 2Paragraph 2
- Insurance
- 3Paragraph 3
- Grants
- 4Paragraph 4
- 5Paragraph 5
- Part II
- Power of Council to investigate
- 5Paragraph 5
- Schedule 4: Constitution, Procedure and Powers of Tribunal
- Part I
- Constitution
- 1Paragraph 1
- 1AParagraph 1A
- 1BParagraph 1B
- 1CParagraph 1C
- 1DParagraph 1D
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part II: Procedure and Powers of Tribunal
- Complaints
- 7Paragraph 7
- 8Paragraph 8
- 8AParagraph 8A Repealed
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Decisions
- 13Paragraph 13
- 14Paragraph 14
- 14AParagraph 14A
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 18AParagraph 18A
- Expenses
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Appeals
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Schedule 5
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Schedule 6: Transitional and Savings Provisions
- General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Admission of enrolled law agent
- 4Paragraph 4
- Restriction of grant under Guarantee Fund
- 5Paragraph 5
- Rights of banks
- 6Paragraph 6
- Admission to societies
- 7Paragraph 7
- Powers of societies
- 8Paragraph 8
- Saving for non-qualified person to conduct certain proceedings
- 9Paragraph 9
- Register of Law Agents
- 10Paragraph 10
- Certificate of admission
- 11Paragraph 11
- Schedule 7Repeals