Solicitors (Scotland) Act 1980
Solicitors (Scotland) Act 1980 (1980 c. 46)
- Solicitors (Scotland) Act 1980 (1980 c. 46)
- Part I Organisation
- The Law Society of Scotland
- 1 Establishment and objects of Law Society of Scotland.
- 1A Power to act as statutory regulator
- 2 Membership of Society.
- The Council of the Law Society
- 3 Establishment and functions of Council of Law Society.
- 3A Discharge of functions of Council of the Law Society
- 3B Regulatory committee
- 3C Particular rules applying
- 3D Resolving regulatory disputes
- 3E Further provision for section 3B etc.
- 3F Meaning of “regulatory functions”
- 3G Extended meaning under section 3F
- Part II Right to Practise as a Solicitor
- Qualifications and Training
- 4 Qualifications for practising as a solicitor.
- 5 Training regulations.
- Admission
- 6 Admission as solicitor.
- The Roll
- 7 Keeping the roll.
- 8 Entry in the roll.
- 9 Removal of name from roll on request.
- 10 Restoration of name to roll on request.
- 11 Directions by Lord President.
- 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Register of European lawyers
- 12A Keeping the register
- 12B Information to be provided by registered European lawyers
- 12C Removal of name from register on request
- 12D Restoration of name to register on request
- Practising Certificates
- 13 Applications for practising certificates.
- 14 Issue of practising certificate.
- 15 Discretion of Council in special cases.
- 16 Appeals from decisions of Council.
- 17 Date and expiry of practising certificates.
- 18 Suspension of practising certificates.
- 19 Further provisions relating to suspension of practising certificates.
- 20 Council’s duty to supply lists of solicitors holding practising certificates.
- 21 Consultants to hold practising certificates.
- 22 Evidence as to holding of practising certificates.
- 23 Offence to practise without practising certificate.
- 23A Professional misconduct for registered European lawyer to practise without a registration certificate
- 24 Saving of public officials.
- Registration certificates for registered European Lawyers
- 24A Applications for registration certificates
- 24B Issue of registration certificates
- 24C Discretion of Council in special cases
- 24D Appeals from decisions of Council
- 24E Date and expiry of registration certificate
- 24F Suspension of registration certificate
- 24G Further provisions relating to suspension of registration certificate
- Rights of Solicitors
- 25 Rights of practising.
- 25A Rights of audience in the Court of Session, the Supreme Court, the Judicial Committee of the Privy Council and the High Court of Justiciary.
- Restriction on rights of practising
- 26 Offence for solicitors to act as agents for unqualified persons.
- 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 28 Offence for solicitors who are disqualified to seek employment without informing employer.
- 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 30 Liability for fees of other solicitor.
- Unqualified persons acting as solicitors
- 31 Offence for unqualified persons to pretend to be solicitor or notary public.
- 32 Offence for unqualified persons to prepare certain documents.
- 33 Unqualified persons not entitled to fees, etc.
- 33A Privilege of incorporated practices from disclosure etc.
- 33BA Privilege of law centres, citizens advice bodies and charities from disclosure etc.
- 33C Licensed legal services providers
- 33D Practice rules relating to law centres, citizens advice bodies and charities
- Part III Professional Practice, Conduct and Discipline of Solicitors
- Practice Rules
- 34 Rules as to professional practice, conduct and discipline.
- Accounts rules and fees
- 35 Accounts rules.
- 36 Interest on client’s money.
- 37 Accountant’s certificates.
- 37A Accounts and anti-money laundering fees
- Powers of Council to intervene
- 38 Powers where dishonesty alleged.
- 39 Powers where delay alleged.
- 39A Powers where excessive fees etc charged.
- 40 Powers where failure to comply with accounts rules etc.
- 41 Appointment of judicial factor.
- 42 Distribution of sums in client bank account.
- 42ZA Unsatisfactory professional conduct: Council's powers
- 42ZB Unsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 42ZA(4)
- 42ZC Report by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers
- 42ZD Direction under section 42ZC(2): appeal by practitioner
- 42A Powers where inadequate professional services alleged.
- 42B Inadequate professional services: Council’s powers to monitor compliance with directions.
- 42C Powers to examine documents and demand explanations in connection with complaints.
- Protection of clients
- 43 Guarantee Fund
- 44 Professional indemnity.
- 45 Safeguarding interests of clients of solicitor struck off or suspended.
- 45A Safeguarding interests of clients of an authorised legal business where authorisation suspended or withdrawn
- 46 Safeguarding interests of clients in certain other cases.
- 46A Safeguarding interests of clients in certain other cases
- 47 Restriction on employing solicitor struck off or suspended.
- 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part IV Complaints and Disciplinary Proceedings
- Lay Observer
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- The Scottish Solicitors’ Discipline Tribunal
- 50 The Tribunal.
- 51 Complaints to Tribunal.
- 52 Procedure on complaints and appeals to Tribunal.
- 53 Powers of Tribunal.
- 53ZA Remission of complaint by Tribunal to Council
- 53ZB Powers of Tribunal on appeal: unsatisfactory professional conduct
- 53ZC Enforcement of Council direction: unsatisfactory professional conduct
- 53A Inadequate professional services: powers of Tribunal.
- 53B Inadequate professional services: appeal to Tribunal against Council determination or direction.
- 53C Inadequate professional services: enforcement by Tribunal of Council direction.
- 53D Suspension etc. of investment business certificates: appeal to Tribunal.
- 54 Appeals from decisions of Tribunal.
- 54A Appeals from decisions of Tribunal: unsatisfactory professional conduct
- The Court
- 55 Powers of Court
- 55A Powers of Court: unsatisfactory professional conduct
- 56 Saving for jurisdiction of courts.
- 56A Further provision as to compensation awards.
- PART V Notaries Public
- 57 Admission and enrolment of solicitors as notaries public.
- 58 Removal from and restoration to register of names of notaries public.
- 59 Authority of notaries public to administer oaths, etc.
- 59A Rules regarding notaries public
- 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- PART VI Miscellaneous And General
- Miscellaneous
- 60A Registered foreign lawyers
- 61 Protection of banks.
- 61A Solicitors fees.
- 62 Charge for expenses out of property recovered.
- 62A Council’s power to recover expenses incurred under section. . . 45 or 46.
- General
- 63 Penalties and time limit for prosecution of offences
- 64 Service of notices etc.
- 64A Advisory and supervisory functions of the Competition and Markets Authority .
- 64B Duty of Secretary of State.
- 64C Investigatory powers of the Competition and Markets Authority .
- 64CA Enforcement of notices under section 64C
- 64CB Altering, etc. documents required to be produced under section 64C
- 64D Review of rules approved by the Secretary of State.
- 65 Interpretation.
- 66 Transitional and savings provisions, and repeals.
- 67 Citation, extent and commencement.
- SCHEDULES
- SCHEDULE 1 The Law Society of Scotland
- Constitution and Proceedings
- Revenue
- Powers
- Exemption from liability for damages
- Attestation
- SCHEDULE 2 The Roll: Powers of the Council and Ancillary Provisions
- PART 1 The Scottish Solicitors Guarantee Fund
- Contributions by Solicitors
- Contributions by registered European lawyers
- Contributions by registered foreign lawyers
- Investment etc.
- Insurance
- Grants
- Power of Council to investigate
- SCHEDULE 4 Constitution, Procedure and Powers of Tribunal
- Constitution
- Part II Procedure and Powers of Tribunal
- Complaints
- Decisions
- Expenses
- Appeals
- SCHEDULE 6 Transitional and Savings Provisions
- General
- Admission of enrolled law agent
- Restriction of grant under Guarantee Fund
- Rights of banks
- Admission to societies
- Powers of societies
- Saving for non-qualified person to conduct certain proceedings
- Register of Law Agents
- Certificate of admission
- SCHEDULE 7 Repeals
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