{
  "url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-61",
  "json_url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-61.json",
  "legislation": "ukpga/1980/46",
  "legislation_title": "Solicitors (Scotland) Act 1980",
  "legislation_url": "https://openlegislation.uk/solicitors-scotland-act-1980",
  "path": "section/61",
  "kind": "section",
  "number": "61",
  "heading": "Protection of banks.",
  "text": "(1) Subject to the provisions of this section, no bank or building society shall, in connection with any transaction on any account of a solicitor or an incorporated practice authorised legal business kept with it or with any other bank or building society—\n(a) incur any liability, or\n(b) be under any obligation to make any enquiry, or\n(c) be deemed to have any knowledge of any right of any person to any money paid or credited to the account,\nwhich it would not incur, or be under, or be deemed to have (as the case may be) in the case of an account kept by a person entitled absolutely to all money paid or credited to it; but nothing in this subsection shall relieve a bank or building society from any liability or obligation under which it would be apart from this Act.\n(2) In subsection (1) “account” does not include an account kept by a solicitor or an incorporated practice authorised legal business as trustee for a specified beneficiary.\n(3) Notwithstanding anything in the preceding provisions of this section a bank or building society at which a solicitor or an incorporated practice authorised legal business keeps a special account for clients’ money shall not, in respect of any liability of the solicitor or, as the case may be, the incorporated practice authorised legal business to the bank or building society (not being a liability in connection with that account) have or obtain any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against money standing to the credit of that account.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 19"
    },
    {
      "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. 31(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 61(1) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 34(2); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 61(2) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 34(3); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 31(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 61(3) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 34(4); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 61 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 13"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/46/section/61",
    "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."
}