Solicitors (Scotland) Act 1980

Unqualified persons acting as solicitorsS

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

[F1(1)]Any unqualified person (including a body corporate) who either by himself or together with others, wilfully and falsely—

(a)pretends to be a solicitor or notary public; or

(b)takes or uses any name, title, addition or description implying that he is duly qualified to act as a solicitor or a notary public or recognised by law as so qualified;

shall be guilty of an offence.

  • [F2In this section, “unqualified person” does not include an incorporated practice].

[F3(2)Any person (including a body corporate) who either by himself or together with others, wilfully and falsely—

(a)pretends to be an incorporated practice;

(b)takes or uses any name, title, addition or description implying that he is an incorporated practice,

shall be guilty of an offence.

[F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

Modifications etc. (not altering text)

C2S. 31 modified (31.10.1994) by 1994 c. 26, s. 86(2); S.I. 1994/2550, art.2

32 Offence for unqualified persons to prepare certain documents.S

(1)Subject to the provisions of this section, any unqualified person (including a body corporate) who draws or prepares—

(a)any writ relating to heritable or moveable estate; or

(b)any writ relating to any [F5action or proceedings in any court]; or

(c)any papers on which to found or oppose an application for a grant of confirmation in favour of executors,

shall be guilty of an offence.

(2)Subsection (1) shall not apply—

(a)to an unqualified person if he proves that he drew or prepared the writ or papers in question without receiving, or without expecting to receive, either directly or indirectly, any fee, gain or reward [F6(other than by way of remuneration paid under a contract of employment)]; or

(b)to an advocate; or

(c)to any public officer drawing or preparing writs in the course of his duty; or

(d)to any person employed merely to engross any writ [F7or

(e)an incorporated practice.]

[F8(2A)Subsection (1)(a) shall not apply to a qualified conveyancer providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

(2B)Subsection (1)(b) shall not apply to a person who is, by virtue of an act of sederunt made under section 32 (power of Court of Session to regulate procedure) of the M1Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.

(2C)Subsection (1)(c) shall not apply to an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.]

(3)In this section “writ” does not include—

(a)a will or other testamentary writing;

(b)a documentin re mercatoria, missive or mandate;

(c)a letter or power of attorney;

(d)a transfer of stock containing no trust or limitation thereof.

Textual Amendments

F8S. 32(2A)–(2C) inserted (1.3.1997 for all purposes except in relation to a recognised financial institution and except as to subsection (2B) the insertion of which came into force 1.1.1991; see S.I. 1990/2624) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(6)(b); S.I. 1996/2894, art. 3,Sch. as amended by S.I. 1996/2966, art.2

Marginal Citations

33 Unqualified persons not entitled to fees, etc.S

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,. . . F9 frames or draws any writs to which section 32 applies,

shall be recoverable by any person in any action or matter.

[F10This section does not apply to an incorporated practice.][F11or 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

[F1233A Rules as to professional practice, conduct and discipline.S

(1)Any communication made to or by an incorporated practice in the course of its acting as such for a client shall in any legal proceedings be privileged from disclosure in like manner as if the body had at all material times been a solicitor acting for the client.

(2)Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained, shall, with any necessary modifications, have effect in relation to an incorporated practice as it has effect in relation to a solicitor.]

Textual Amendments

Yn ddilys o 01/10/2004

[F1333B

(1)Any communication made to or by a registered foreign lawyer in the course of his actings as such for a client shall in any legal proceedings be privileged from disclosure in like manner as if the registered foreign lawyer had at all material times been a solicitor acting for a client.

(2)Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained, shall, with any necessary modifications, have effect in relation to a registered foreign lawyer as it has effect in relation to a solicitor.]

Textual Amendments

F13S. 33B inserted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 8}