Solicitors (Scotland) Act 1980

PART V Notaries Public

57 Admission and enrolment of solicitors as notaries public

(1) No person shall be admitted as a notary public unless he has been admitted and enrolled as a solicitor.

(2) Any solicitor may apply to the Court to be admitted as a notary public ; and on any such application the Court may so admit the applicant and may grant warrant to the keeper of the register of notaries public to register him in that register.

(3) It shall not be necessary for any person to find caution on his admission as a notary public.

(4) The procedure to be followed and the fees to be paid on any application by a solicitor to be admitted a notary public may be prescribed by rules of court.

(5) There shall be paid to the clerk to the admission of notaries public in respect of the admission of any person as a notary public such fees as may be prescribed by rules of court.

58 Removal from and restoration to register of names of notaries public

(1) In the case of any person who is both a solicitor and a notary public, if his name is struck off the roll of solicitors or is removed from that roll in pursuance of an order under any provision of this Act. the Council shall forthwith give notice of the striking off or removal to the keeper of the register of notaries public, who shall thereupon strike the person's name off, or, as the case may be, remove it from, that register.

(2) If the name of any such person, having been struck off or removed from the roll as aforesaid, is subsequently restored thereto in pursuance of an order under any provision of this Act, it shall be the duty of the Council forthwith to notify the said keeper accordingly; and the keeper shall thereupon restore the name to the register of notaries public.

59 Authority of notaries public to administer oaths, etc.

(1) Subject to subsection (2), in any case where the administration of an oath, or the receipt of an affidavit or solemn affirmation, is authorised by or under any enactment, it shall be lawful for the oath to be administered, or, as the case may be, for the affidavit or affirmation to be received, by a notary public.

(2) Nothing in this section applies to an oath or affirmation relating to any matter or thing relating to the preservation of the peace or to the prosecution, trial or punishment of an offence, or to any proceedings before either House of Parliament or any committee thereof.

(3) This section is without prejudice to any other statutory provision relating to the administration of oaths by notaries public.

60 Offence for notaries public to act for unqualified persons

(1) Any notary public who upon the account or for the profit of any unqualified person—

(a) draws or prepares any writ to which section 32 applies; or

(b) permits or suffers his name to be made use of in the drawing or preparing of any such writ; or

(c) does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public,

knowing such person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence.

(2) In this section " person " includes a body corporate.