{
  "url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-36",
  "json_url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-36.json",
  "legislation": "ukpga/1980/46",
  "legislation_title": "Solicitors (Scotland) Act 1980",
  "legislation_url": "https://openlegislation.uk/solicitors-scotland-act-1980",
  "path": "section/36",
  "kind": "section",
  "number": "36",
  "heading": "Interest on client’s money.",
  "text": "(1) Accounts rules shall make provision for requiring a solicitor or an incorporated practice an authorised legal business, in such cases as may be prescribed by the rules,. . .\n(a) to keep in a separate deposit or savings account at a bank or with a building society, or on a separate deposit receipt at a bank, for the benefit of the client money received for or on account of a client; or\n(aa) to keep in—\n(i) a deposit or share account with a. . . building society; or\n(ii) an account showing sums on loan to a local authority,\nbeing in either case an account kept by the solicitor in his or, as the case may be, the incorporated practice authorised legal business in itsown name for a specified client, money so received; or\n(b) to make good to the client out of the solicitor’s or, as the case may be, the incorporated practice’s authorised legal business’s own money a sum equivalent to the interest which would have accrued if the money so received had been kept as mentioned in paragraph (a) or (aa).\n(2) The cases in which a solicitor or incorporated practice an authorised legal business may be required to act as mentioned in subsection (1) may be defined among other things by reference to the amount of any sum received or balance held or the period for which it is or is likely to be retained or held or both; and the rules may include provision for enabling a client (without prejudice to any other remedy) to require that any question arising under the rules in relation to the client’s money be referred to and determined by the Society.\n(3) Except as provided by the rules, a solicitor or incorporated practice an authorised legal business shall not be liable by virtue of the relation between solicitor and client to account to any client for interest received by the solicitor or, as the case may be, the incorporated practice authorised legal business on monies lodged in an account at a bank or with a building society, or on deposit receipt, at a bank, being monies received or held for or on account of his or, as the case may be, its clients generally.\n(4) Nothing in this section or in the rules shall affect any arrangement in writing whenever made between a solicitor and his client or an incorporated practice an authorised legal business (or any solicitor acting on its behalf) and its client as to the application of the client’s money or interest on it.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 36(1) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(2)(a); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 14(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 25(a)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 10(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S. 36(1)(aa) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 25(a)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 36(1)(aa) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(2)(b); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 36(1)(b) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(2)(c); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 25(a)(iii)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in s. 36(2) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(3); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 14(b)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in s. 36(3) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(4)(a); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 14(c)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in s. 36(3) substituted (1.7.2026 for specified purposes) by virtue of Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(4)(b); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 10(b)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in s. 36(3) repealed (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(4)(c); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in s. 36(4) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 15(5); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 14(d)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 36 modified (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 14"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/46/section/36",
    "retrieved_at": "2026-10-29T10:15:15.254365+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}