Solicitors (Scotland) Act 1980

The Roll S

7 Keeping the roll. S

(1) The Council shall continue to be the registrar of solicitors and shall keep at the office of their secretary a roll of solicitors (in this Act referred to as “the roll”).

(2) The roll shall consist of the names in alphabetical order of all solicitors entered on it in accordance with section 8.

[F1 (2A) The roll is also to record against the name of each enrolled solicitor the address of the place of business of that solicitor (as given under subsection (2) of that section).]

(3) Any person may inspect the roll during office hours without payment.

[F2 (4) Schedule 2 (powers of Council in relation to roll of solicitors) shall have effect.]

Textual Amendments

F1 S. 7(2A) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 134(1), 150(2); S.S.I. 2011/180, art. 4(a)

F2 S. 7(4) added by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 2

8 Entry in the roll. S

(1) On production to the Council of an order under section 6 admitting a person as a solicitor and directing that his name be entered on the roll the Council shall enter the name of that person on the roll.

(2) Any solicitor whose name is entered on the roll (in this Act referred to as “an enrolled solicitor”) shall, on such entrolment, inform the Council in writing of the address of his place of business, and shall on any change of that address, inform them in writing of his new address.

(3) The Council shall issue a certificate of enrolment to any enrolled solicitor who applies for it.

9 Removal of name from roll on request. S

[F3 (1) An enrolled solicitor who wishes his name [F4 , or any annotation made against his name under section 25A(3),] to be removed from the roll of solicitors may make an application to the Council in that behalf, and the Council shall F5 ... remove the name of that solicitor [F6 or, as the case may be, the annotation against his name,] from the roll.]

[F7 (2) But the Council are required to remove the name or annotation only if they are satisfied that—

(a) the solicitor has made adequate arrangements with respect to the business which the solicitor then has in hand, and

(b) it is otherwise appropriate to do so.]

Textual Amendments

F3 S. 9 renumbered as s. 9(1) (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 135(1)(a), 150(2); S.S.I. 2011/180, art. 4(a)

F4 Words in s. 9 inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(2)(a); S.I. 1991/1252, art. 3, Sch.1

F5 Words in s. 9(1) repealed (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 135(1)(b), 150(2); S.S.I. 2011/180, art. 4(a)

F6 Words in s. 9 inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(2)(b); S.I. 1991/1252, art. 3, Sch. 1.

F7 S. 9(2) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 135(1)(c), 150(2); S.S.I. 2011/180, art. 4(a)

10 Restoration of name to roll on request. S

(1) A solicitor. . . F8 whose name has been struck off the roll other than by order of the Court, shall only be entitled to have his name restored to the roll, if on an application in that behalf made by him to the Tribunal and after such inquiry as the Tribunal thinks proper, the Tribunal so orders.

[F9 (1ZA) Where the restoration of a solicitor's name to the roll has been prohibited under section 53(2)(aa), the solicitor is entitled to have the solicitor's name restored to the roll if (but only if) the Tribunal so orders—

(a) on an application made to it by the solicitor, and

(b) after such enquiry as it thinks proper.]

[F10 (1A) On an application to the Council from a solicitor whose name [F11 , or any annotation against whose name,] has been removed from the roll under section 9 [F12 (except where subsection (1ZA) applies)] the Council may, after such inquiry as they think proper, restore the name of that solicitor [F13 or, as the case may be, the annotation,] to the roll.]

(2) Rules made by the Tribunal under section 52 may—

(a) regulate the making, hearing and determining of applications under subsection (1) [F14 or (1ZA)] ;

(b) provide for payment by the applicant to the Council of such fee in respect of restoration to the roll as the rules may specify.

Textual Amendments

F8 Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1)(2), Sch. 1 para. 4(a), Sch. 2

F9 S. 10(1ZA) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 136(1)(a), 150(2); S.S.I. 2011/180, art. 4(a)

F10 S. 10(1A) inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 4(b)

F11 Words in s. 10(1A) inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(3)(a); S.I. 1991/1252, art. 3, Sch.1

F12 Words in s. 10(1A) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 136(1)(b), 150(2); S.S.I. 2011/180, art. 4(a)

F13 Words in s. 10(1A) inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(3)(b); S.I. 1991/1252, art. 3, Sch.1

F14 Words in s. 10(2) inserted (1.5.2011) by Legal Services (Scotland) Act 2010 (asp 16), ss. 136(1)(c), 150(2); S.S.I. 2011/180, art. 4(a)

11 Directions by Lord President. S

(1) The Lord President may give directions to the Council in relation to the carrying out of their duties in connection with the keeping of the roll and they shall give effect to any such direction.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Ss. 11(2), 12 repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 S

Textual Amendments

F16 Ss. 11(2), 12 repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2