Solicitors (Scotland) Act 1980

Section 66.

SCHEDULE 6 S Transitional and Savings Provisions

General S

1 (1) Insofar as— S

any agreement, appointment, operation, authorisation, determination, scheme, instrument, order or regulation made by virtue of an enactment repealed by this Act, or

(b) any approval, consent, direction or notice given by virtue of such an enactment, or

(c) any complaint made or investigation begun by virtue of such enactment, or

(d) any other proceedings begun by virtue of such an enactment, or

(e) anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

(2) Where—

(a) there is any reference in this Act (whether expressed or implied) to a thing done or required or authorised to be done, or a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of this Act, then

(b) that reference shall be construed (subject to its context) as including a reference to the corresponding thing, done or required or authorised to be done, or omitted, or to the corresponding events which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments.

2 S Where any enactment passed before this Act or any instrument of document refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

3 S Where any period of time specified in an enactment repealed by this Act is current at the commencment of this Act, this Act has effect as if its corresponding provision has been in force when the period began to run.

Admission of enrolled law agent S

4 S Notwithstanding the repeal by this Act of section 15 of the Solicitors (Scotland) Act 1933, the Court may grant an application to be admitted as a solicitor to any applicant who was on 28th June 1933 entitled to be admitted as an enrolled law agent according to the regulations for admission then in force under the M1 Law Agents (Scotland) Act 1873.

Marginal Citations

M1 1873 c. 63.

Restriction of grant under Guarantee Fund S

5 S Notwithstanding the repeal by this Act of section 22(2)(b) of the M2 Legal Aid and Solicitors (Scotland) Act 1949, no grant shall be made by the Council under section 43 in respect of a loss which in the opinion of the Council arose before 1st November 1951.

Marginal Citations

M2 1949 c. 63.

Rights of banks S

6 S Nothing in section 61(3) shall deprive a bank of any right existing on 1st November 1949.

Admission to societies S

7 S Notwithstanding the repeal by this Act of sections 44 and 45 of the M3 Solicitors (Scotland) Act 1933 any society may—

(a) admit a solicitor as a member on such conditions as it thinks fit;

(b) accept as a qualification for admission an apprenticeship served under the provisions of this Act with a solicitor who is not a member.

Marginal Citations

M3 1933 c. 21.

Powers of societies S

8 S The repeal of Section 35 of the Solicitors (Scotland) Act 1933 is without prejudice to powers of control exercisable by any society over its members, being powers the society were entitled to exercise immediately before 1st March 1934.

In this paragraph and in paragraph 7, “society” means a faculty or society of solicitors in Scotland, incorporated by Royal Charter or otherwise formed in accordance with law, other than the Law Society of Scotland.

Saving for non-qualified person to conduct certain proceedings S

9 S Nothing in this Act shall affect any enactment empowering any person, not being a person qualified to act as a solicitor, to conduct, defend or otherwise act in relation to any [F1 action or proceedings in any court].

Textual Amendments

F1 Words substituted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 24

Register of Law Agents S

10 S Notwithstanding the repeal by this Act of section 18(1) of the M4 Solicitors (Scotland) Act 1933, the Council shall continue to keep in their custody the Register of Law Agents kept under the M5 Law Agents (Scotland) Act 1873 and any relative documents transferred to their custody by virtue of section 18(4) of the M6 Solicitors (Scotland) Act 1949.

Marginal Citations

M4 1933 c. 21.

M5 1873 c. 63.

M6 1949 c. 63.

Certificate of admission S

11 S Notwithstanding the repeal by this Act of section 14 of the M7 Solicitors (Scotland) Act 1933, the certificate of admission of a solicitor shall be in writing and signed by a judge of the Court.

Marginal Citations

M7 1933 c. 21.