Solicitors (Scotland) Act 1980

1. Introductory Text

2. 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

3. PART II Right to Practise as a Solicitor

   1. Qualifications and Training

      1. 4. Qualifications for practising as solicitor

      2. 5. Training regulations

   2. Admission

      1. 6. Admission as solicitor

   3. The Roll

      1. 7. Keeping the roll

      2. 8. Entry in 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. Power of Court to prescribe fees

   4. 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. 24. Saving for public officials

   5. Rights of Solicitors

      1. 25. Rights of practising

   6. Restriction on rights of practising

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

      2. 27. Offence for solicitors to share fees with unqualified persons

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

      4. 29. Restriction on borrowing processes

      5. 30. Liability for fees of other solicitor

   7. Unqualified persons acting as solicitors

      1. 31. Offence for unqualified person to pretend to be solicitor

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

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

4. 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. Accountants' certificates

   3. Powers of Council to intervene

      1. 38. Powers where dishonesty alleged

      2. 39. Powers where delay alleged

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

      4. 41. Appointment of judicial factor

      5. 42. Distribution of sums in client bank account

   4. Protection of clients

      1. 43. Guarantee Fund

      2. 44. Professional indemnity

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

      4. 46. Safeguarding interests of clients in other cases

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

      6. 48. Restriction on number of apprentices

5. PART IV Complaints and Disciplinary Proceedings

   1. Lay Observer

      1. 49. Investigation by lay observer of Society's treatment of complaints

   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. 54. Appeals from decisions of Tribunal

   3. The Court

      1. 55. Powers of Court

      2. 56. Saving for jurisdiction of courts

6. 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. Offence for notaries public to act for unqualified persons

7. PART VI Miscellaneous and General

   1. Miscellaneous

      1. 61. Protection of banks

      2. 62. Charge for expenses out of property recovered

   2. General

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

      2. 64. Service of notices etc.

      3. 65. Interpretation

      4. 66. Transitional and savings provisions, and repeals

      5. 67. Citation, extent and commencement

8. SCHEDULES

   1. SCHEDULE 1

      The Law Society of Scotland

      1. Constitution and Proceedings

         1. 1. The Society shall be a body corporate with a common...

         2. 2. The Council shall prepare a scheme providing for—

         3. 3. The scheme prepared under paragraph 2— (a) may make provision...

         4. 4. A scheme prepared under paragraph 2 shall have effect on...

         5. 5. The Society may by a resolution passed by a majority...

      2. Revenue

         1. 6. Subject to paragraph 7, every member of the Society shall...

         2. 7. The annual subscription payable by a solicitor in respect of...

         3. 8. Except as otherwise provided in this Act, the expenses of...

         4. 9. Paragraph 8 does not affect any trust constituted for a...

      3. Powers

         1. 10. The Society may— (a) purchase or otherwise acquire land for...

         2. 11. The Council may— (a) act for and in the name...

      4. Attestation

         1. 12. Any deed to which the Society are a party shall...

   2. SCHEDULE 2

      The Roll : Directions by the Lord President and Ancillary Provisions

      1. 1. The Lord President may authorise the Council (as registrar of...

      2. 2. The Council may, on the application of a solicitor whose...

      3. 3. Any person aggrieved by a decision of the Council under...

   3. SCHEDULE 3

      1. PART I The Scottish Solicitors Guarantee Fund

         1. Contributions by Solicitors

            1. 1. (1) Subject to the provisions of this Act, there shall...

         2. Investment etc.

            1. 2. (1) Monies not immediately required to meet sums payable out...

         3. Insurance

            1. 3. (1) The Society may enter into a contract of insurance...

         4. Grants

            1. 4. (1) Every application for a grant from the Guarantee Fund...

      2. PART II

         1. Power of Council to investigate

            1. 5. (1) If under section 38 any person (whether a solicitor...

   4. SCHEDULE 4

      Constitution, Procedure and Powers of Tribunal

      1. PART I

         1. Constitution

            1. 1. The Tribunal shall consist of— (a) not less than 5...

            2. 2. Each member of the Tribunal shall retire from office on...

            3. 3. The Lord President may from time to time terminate the...

            4. 4. The Tribunal may appoint one of their number to be...

            5. 5. The Tribunal shall be deemed to be properly constituted if—...

            6. 6. There shall be paid to the lay members of the...

      2. PART II Procedure and Powers of Tribunal

         1. Complaints

            1. 7. The making of a complaint to the Tribunal or the...

            2. 8. A complaint made to the Tribunal shall not be withdrawn...

            3. 9. Subject to Part IV, the Tribunal may dismiss a complaint...

            4. 10. The Tribunal shall give notice of the complaint to the...

            5. 11. For the purpose of enquiring into the complaint the Tribunal...

            6. 12. On a petition by the complainer or the respondent to...

         2. Decisions

            1. 13. The Tribunal shall set out in their decision—

            2. 14. Every decision on the Tribunal shall be signed by the...

            3. 15. A copy of every decision by the Tribunal certified by...

            4. 16. In the case of a decision by the Tribunal—

            5. 17. The Council shall forthwith intimate any order striking a solicitor...

            6. 18. The file of orders under this Act striking solicitors off...

         3. Expenses

            1. 19. Subject to the provisions of Part IV, the Tribunal may...

            2. 20. On the application of the person in whose favour an...

            3. 21. Such warrant shall have effect for execution and for all...

            4. 22. The expenses of the Tribunal so far as not otherwise...

   5. SCHEDULE 5

      Lay Observer

      1. 1. The lay observer shall hold and vacate his office in...

      2. 2. The Secretary of State may give general directions to the...

      3. 3. The Society shall consider any report or recommendation which it...

      4. 4. The Secretary of State may appoint staff for the lay...

      5. 5. Remuneration for the lay observer and his staff and any...

      6. 6. In determining the terms of employment and remuneration of the...

      7. 7. The Society shall furnish the lay observer with such information...

      8. 8. The Secretary of State shall direct the submission to him...

      9. 9. The Secretary of State shall lay a copy of any...

      10. 10. In Part III of Schedule 1 to the House of...

   6. SCHEDULE 6

      Transitional and Savings Provisions

      1. General

         1. 1. (1) Insofar as— (a) any agreement, appointment, operation, authorisation, determination,...

         2. 2. Where any enactment passed before this Act or any instrument...

         3. 3. Where any period of time specified in an enactment repealed...

      2. Admission of enrolled law agent

         1. 4. Notwithstanding the repeal by this Act of section 15 of...

      3. Restriction of grant under Guarantee Fund

         1. 5. Notwithstanding the repeal by this Act of section 22(2)(b) of...

      4. Rights of banks

         1. 6. Nothing in section 61(3) shall deprive a bank of any...

      5. Admission to societies

         1. 7. Notwithstanding the repeal by this Act of sections 44 and...

      6. Powers of societies

         1. 8. The repeal of Section 35 of the Solicitors (Scotland) Act...

      7. Saving for non-qualified person to conduct certain proceedings

         1. 9. Nothing in this Act shall affect any enactment empowering any...

      8. Register of Law Agents

         1. 10. Notwithstanding the repeal by this Act of section 18(1) of...

      9. Certificate of admission

         1. 11. Notwithstanding the repeal by this Act of section 14 of...

   7. SCHEDULE 7

      Repeals