Section 33 Unqualified persons not entitled to fees, etc.C1

Scotland

F1(1)

F2Subject to the provisions of regulations 12 and 13 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 F3as those regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019, no fee, reward, outlay or expenses on account of or in relation to any act or proceeding done or taken by any person who—

(a)

acts as a solicitor or as a notary public without being duly qualified so to act; or

(b)

not being so qualified, F4. . . frames or draws any writs to which section 32 applies,

shall be recoverable by any person in any action or matter.

F5(2)

F6This section does not apply to an incorporated practice F7or a licensed legal services provider F8or in relation to writs framed or drawn by a person who is, by virtue of an act of sederunt made under section 32 of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.

Annotations

Textual amendments

F1: Words in s. 33 renumbered as s. 33(1) (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(5)(a), 150(2); S.S.I. 2012/152, art. 2, sch.
F2: Words in s. 33 inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(10)
F3: Words in s. 33(1) inserted (31.12.2020) by The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/127), reg. 1(1), sch. para. 1(6); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1)(2), Sch. 1 para. 8, Sch. 2
F5: Words in s. 33 renumbered as s. 33(2) (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(5)(a), 150(2); S.S.I. 2012/152, art. 2, sch.
F6: Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 10
F7: Words in s. 33(2) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(5)(b), 150(2); S.S.I. 2012/152, art. 2, sch.
F8: Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(7)

Modifications

C1: S. 33 excluded (17.5.2004) by S.I. 1978/1910, art. 18(3) (as amended by The European Communities (Services of Lawyers) Amendment (Scotland) Order 2004 (S.S.I. 2004/186), art. 6(b))