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Paragraph 1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to the provisions of this Act, there shall be paid to the Society on behalf of the Guarantee Fund by every solicitor in respect of each year during which, or part of which, he is in practice as a solicitor, along with his application for a practising certificate, a contribution (hereafter referred to as an “annual contribution”) F1. . .

(2)

The sum payable by a solicitor in respect of the year in which he first commences to practise after admission and in respect of each of the 2 years immediately following shall be one half of the annual contribution.

F2(2A)

Sub-paragraphs (1) and (2) do not apply to solicitors who are

(F3F4a)

directorsF5or members of incorporated practicesF6 or

(aa)

owners, partners, directors or members of authorised legal businesses, or

(b)

investors in licensed legal services providers.

(2B)

Subject to the provisions of this Act, there shall be paid to the Society on behalf of the Guarantee Fund

(F7a)

F8by every incorporated practice in respect of each year during which, or part of which, it is recognised under section 34(1A) by every authorised legal business in respect of each year during which, or part of which, it is authorised to provide legal services by the Society a contribution (hereafter referred to as an “ annual corporate contribution ”) in accordance with the F9relevant scale of annual corporate contributions refered to in sub-paragraph (3).F10, and

(b)

by every licensed provider, in respect of each year during which or part of which it operates as such under the licence issued by its approved regulator, a contribution (also an “annual corporate contribution”) in accordance with the relevant scale of annual corporate contributions referred to in sub-paragraph (3).

(3)

The Council shall not later than F1130 September in each year fix the amount, if any, of the annual contribution to be paid in respect of the following year F12and the F13scales of the annual corporate contributions to be so paidF14....

F15(3A)

The scales of annual corporate contributions—

(a)

are to be fixed under sub-paragraph (3) by reference to all relevant factors, including—

(i)

in the case of F16incorporated practices authorised legal businesses, the number of solicitors that they have as F17owners, partners, directors, members or employees,

(ii)

in the case of licensed providers, the number of solicitors that they have as investors or employees,

(b)

may otherwise make different provision as between F18incorporated practices authorised legal businesses and licensed providers.

(4)

No annual contribution shall be payable by a solicitor and no annual corporate contribution by an F19incorporated practice authorised legal business F20or a licensed provider so long as the amount of the Guarantee Fund including the value of all investments forming part of the Fund and after providing for all outstanding liabilities, is in the opinion of the Council not less than £250,000 or such other sum as the Council may from time to time determine.

(5)

If at any time the Council are of the opinion that the liabilities of the Guarantee Fund render it expedient in order to secure the financial stability of the Fund, the Council may, by resolution of which not less than 10 days’ previous notice in writing has been given to each member of the Council impose upon every solicitor a contribution (hereafter referred to as a “special contribution”) of the amount specified in the resolution, and F21upon every F22incorporated practice authorised legal businessF23and licensed provider a contribution (hereafter referred to as a “special corporate contribution”) in accordance with a scale of such contributions fixed by the Council as under sub-paragraph (3), and a special or special corporate contribution shall be payable to the Society in one sum or, if the Council so determine, by instalments on or before such date or dates as may be specified in the resolution.

(6)

No special contribution shall be payable by a solicitor in the year in which he first commences to practise after admission nor in either of the 2 years immediately following.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(8)

No annual contribution and no special contribution shall be payable by any solicitor who is in the employment of another solicitor or of a firm of solicitors or of an F25incorporated practice authorised legal business F26or a licensed provider and who does not engage in practice as a solicitor on his own account.

(9)

Without prejudice to any other method of recovering contributions payable to the Society under this Schedule whether annual or special a practising certificate shall not be issued to a solicitor except on production of evidence of payment of the contributions (if any) due by him to the Fund on or before the issue of the certificate.

(10)

In this schedule the expression “year” means the period of 12 months commencing on 1 November or such other day as may be fixed by the Council.

Annotations

Textual amendments

F1

Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. II para. 8(a), Sch. 4

F2

Sub-paras. (2A) and (2B) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 34(a)

F3

Sch. 3 para. 1(2A)(aa) substituted for Sch. 3 para. 1(2A)(a) (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(a); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F4

Words in Sch. 3 para. 1(2A) renumbered as Sch. 3 para. 1(2A)(a) (1.4.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(a)(i), 150(2); S.S.I. 2011/180, art. 3, Sch.

F5

Words in Sch. 3 para. 1(2A)(a) inserted (1.4.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(a)(ii), 150(2); S.S.I. 2011/180, art. 3, Sch.

F6

Sch. 3 para. 1(2A)(b) and word inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(a)(iii), 150(2); S.S.I. 2012/152, art. 2, sch.

F7

Words in Sch. 3 para. 1(2B) renumbered as Sch. 3 para. 1(2B)(a) (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(b)(i), 150(2); S.S.I. 2012/152, art. 2, sch.

F8

Words in Sch. 3 para. 1(2B)(a) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(b); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F9

Words in Sch. 3 para. 1(2B)(a) substituted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(b)(ii), 150(2); S.S.I. 2012/152, art. 2, sch.

F10

Sch. 3 para. 1(2B)(b) and word inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(b)(iii), 150(2); S.S.I. 2012/152, art. 2, sch.

F11

Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. II para. 8(b)

F12

Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 34(a)

F13

Word in Sch. 3 para. 1(3) substituted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(c)(i), 150(2); S.S.I. 2012/152, art. 2, sch.

F14

Words in Sch. 3 para. 1(3) repealed (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(c)(ii), 150(2); S.S.I. 2012/152, art. 2, sch.

F15

Sch. 3 para. 1(3A) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(d), 150(2); S.S.I. 2012/152, art. 2, sch.

F16

Words in Sch. 3 para. 1(3A)(a)(i) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(c)(i), (A); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F17

Words in Sch. 3 para. 1(3A)(a)(i) inserted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(c)(i), (B); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F18

Words in Sch. 3 para. 1(3A)(b) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(c)(ii); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F19

Words in Sch. 3 para. 1(4) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(d); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F20

Words in Sch. 3 para. 1(4) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(e), 150(2); S.S.I. 2012/152, art. 2, sch.

F21

Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 34(a)

F22

Words in Sch. 3 para. 1(5) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(e); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F23

Words in Sch. 3 para. 1(5) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(f), 150(2); S.S.I. 2012/152, art. 2, sch.

F24

Para 1(7) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. II para. 8(c), Sch. 4

F25

Words in Sch. 3 para. 1(8) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 23(2)(f); S.S.I. 2026/96, reg. 2(3)(4), sch. 2

F26

Words in Sch. 3 para. 1(8) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 129(1)(g), 150(2); S.S.I. 2012/152, art. 2, sch.