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Revised Statute from The UK Statute Law Database

Solicitors (Scotland) Act 1980 (c.46)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Solicitors (Scotland) Act 1980

1980 CHAPTER 46

Contents

Go to Preamble

  1. Part I

    Organisation

    1. The Law Society of Scotland

      1. 1. Establishment and objects of Law Society of Scotland

      2. 2. Membership of Society

    2. The Council of the Law Society

      1. 3. Establishment and functions of Council of Law Society

  2. Part II

    Right to Practise as a Solicitor

    1. Qualifications and Training

      1. 4. Qualifications for practising as a solicitor

      2. 5. Training regulations

    2. Admission

      1. 6. Admission as solicitor

    3. The Roll

      1. 7. Keeping the roll

      2. 8. Entry in the roll

      3. 9. Removal of name from roll on request

      4. 10. Restoration of name to roll on request

      5. 11. Directions by Lord President

      6. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Register of European lawyers

      1. 12A. Keeping the register

      2. 12B. Information to be provided by registered European lawyers

      3. 12C. Removal of name from register on request

      4. 12D. Restoration of name to register on request

    5. Practising Certificates

      1. 13. Applications for practising certificates

      2. 14. Issue of practising certificate

      3. 15. Discretion of Council in special cases

      4. 16. Appeals from decisions of Council

      5. 17. Date and expiry of practising certificates

      6. 18. Suspension of practising certificates

      7. 19. Further provisions relating to suspension of practising certificates

      8. 20. Council’s duty to supply lists of solicitors holding practising certificates

      9. 21. Consultants to hold practising certificates

      10. 22. Evidence as to holding of practising certificates

      11. 23. Offence to practise without practising certificate

      12. 23A. Professional misconduct for registered European lawyer to practise without a registration certificate

      13. 24. Saving of public officials

    6. Registration certificates for registered European Lawyers

      1. 24A. Applications for registration certificates

      2. 24B. Issue of registration certificates

      3. 24C. Discretion of Council in special cases

      4. 24D. Appeals from decisions of Council

      5. 24E. Date and expiry of registration certificate

      6. 24F. Suspension of registration certificate

      7. 24G. Further provisions relating to suspension of registration certificate

    7. Rights of Solicitors

      1. 25. Rights of practising

      2. 25A. Rights of audience in the Court of Session, the House of Lords, the Judicial Committee of the Privy Council and the High Court of Justiciary

    8. Restriction on rights of practising

      1. 26. Offence for solicitors to act as agents for unqualified persons

      2. 27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 28. Offence for solicitors who are disqualified to seek employment without informing employer

      4. 29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 30. Liability for fees of other solicitor

    9. Unqualified persons acting as solicitors

      1. 31. Offence for unqualified persons to pretend to be solicitor or notary public

      2. 32. Offence for unqualified persons to prepare certain documents

      3. 33. Unqualified persons not entitled to fees, etc

      4. 33A. Rules as to professional practice, conduct and discipline

  3. Part III

    Professional Practice, Conduct and Discipline of Solicitors

    1. Practice Rules

      1. 34. Rules as to professional practice, conduct and discipline

    2. Accounts rules

      1. 35. Accounts rules

      2. 36. Interest on client’s money

      3. 37. Accountant’s certificates

    3. Powers of Council to intervene

      1. 38. Powers where dishonesty alleged

      2. 39. Powers where delay alleged

      3. 39A. Powers where excessive fees etc charged

      4. 40. Powers where failure to comply with accounts rules etc

      5. 41. Appointment of judicial factor

      6. 42. Distribution of sums in client bank account

      7. 42A. Powers where inadequate professional services alleged

      8. 42B. Inadequate professional services: Council’s powers to monitor compliance with directions

      9. 42C. Powers to examine documents and demand explanations in connection with complaints

    4. Protection of clients

      1. 43. Guarantee Fund

      2. 44. Professional indemnity

      3. 45. Safeguarding interests of clients of solicitor struck off or suspended

      4. 46. Safeguarding interests of clients in certain other cases

      5. 47. Restriction on employing solicitor struck off or suspended

      6. 48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Part IV

    Complaints and Disciplinary Proceedings

    1. Lay Observer

      1. 49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. The Scottish Solicitors’ Discipline Tribunal

      1. 50. The Tribunal

      2. 51. Complaints to Tribunal

      3. 52. Procedure on complaints to Tribunal

      4. 53. Powers of Tribunal

      5. 53A. Inadequate professional services: powers of Tribunal

      6. 53B. Inadequate professional services: appeal to Tribunal against Council determination or direction

      7. 53C. Inadequate professional services: enforcement by Tribunal of Council direction

      8. 53D. Suspension etc. of investment business certificates: appeal to Tribunal

      9. 54. Appeals from decisions of Tribunal

    3. The Court

      1. 55. Powers of Court

      2. 56. Saving for jurisdiction of courts

      3. 56A. Further provision as to compensation awards

  5. PART V

    Notaries Public

    1. 57. Admission and enrolment of solicitors as notaries public

    2. 58. Removal from and restoration to register of names of notaries public

    3. 59. Authority of notaries public to administer oaths, etc

    4. 60.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  6. PART VI

    Miscellaneous And General

    1. Miscellaneous

      1. 60A. Multi-national practices

      2. 61. Protection of banks

      3. 61A. Solicitors fees

      4. 62. Charge for expenses out of property recovered

      5. 62A. Council’s power to recover expenses incurred under section 38, 45 or 46

    2. General

      1. 63. Penalties and time limit for prosecution of offences

      2. 64. Service of notices etc

      3. 64A. Advisory and supervisory functions of the Director General of Fair Trading

      4. 64B. Duty of Secretary of State

      5. 64C. Investigatory powers of the Director

      6. 64D. Review of rules approved by the Secretary of State

      7. 65. Interpretation

      8. 66. Transitional and savings provisions, and repeals

      9. 67. Citation, extent and commencement

  7. SCHEDULE 1

    The Law Society of Scotland

  8. SCHEDULE 2

    The Roll: Powers of the Council and Ancillary Provisions

  9. SCHEDULE 3

  10. SCHEDULE 4

    Constitution, Procedure and Powers of Tribunal

  11. SCHEDULE 5

  12. SCHEDULE 6

    Transitional and Savings Provisions

  13. SCHEDULE 7

    Repeals

An Act to consolidate certain enactments relating to solicitors and notaries public in Scotland.

[1st August 1980]

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