[F1(1)[F2Subject to the provisions of regulations 12 and 13 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 [F3as those regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019],] no fee, reward, outlay or expenses on account of or in relation to any act or proceeding done or taken by any person who—
(a)acts as a solicitor or as a notary public without being duly qualified so to act; or
(b)not being so qualified, F4. . . frames or draws any writs to which section 32 applies,
shall be recoverable by any person in any action or matter. ]
[F5(2)[F6This section does not apply to an incorporated practice] [F7or a licensed legal services provider] [F8or in relation to writs framed or drawn by a person who is, by virtue of an act of sederunt made under section 32 of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.]]
Textual Amendments
F1Words in s. 33 renumbered as s. 33(1) (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(5)(a), 150(2); S.S.I. 2012/152, art. 2, sch.
F2Words in s. 33 inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(10)
F3Words in s. 33(1) inserted (31.12.2020) by The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/127), reg. 1(1), sch. para. 1(6); 2020 c. 1, Sch. 5 para. 1(1)
F4Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1)(2), Sch. 1 para. 8, Sch. 2
F5Words in s. 33 renumbered as s. 33(2) (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(5)(a), 150(2); S.S.I. 2012/152, art. 2, sch.
F6Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 10
F7Words in s. 33(2) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(5)(b), 150(2); S.S.I. 2012/152, art. 2, sch.
F8Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(7)
Modifications etc. (not altering text)
C1S. 33 excluded (17.5.2004) by S.I. 1978/1910, art. 18(3) (as amended by The European Communities (Services of Lawyers) Amendment (Scotland) Order (S.S.I. 2004/186), {art. 6(b))}