Solicitors (Scotland) Act 1980

34 Rules as to professional practice, conduct and discipline. S

(1) Subject to subsections (2) and (3), the Council may, if they think fit, make rules for regulating in respect of any matter the professional practice, conduct and discipline of solicitors [F1 and incorporated practices].

[F2 (1A) Rules made under this section may—

(a) provide as to the management and control by—

(i) solicitors holding practicing certificates or their executors;

(ii) other incorporated practices.

of bodies corporate carrying on businesses consisting of the provision of professional services such as are provided by individuals and firms practicing as solicitors being bodies the membership of which is restricted to such solicitors, executors and other incorporated practices;

(b) prescribe the circumstances in which such bodies may be recognised by the Council as being suitable to undertake the provision of any such services;

(c) prescribe the conditions which (subject to any exceptions provided by the rules) must at all times be satisfied by bodies corporate so recognised if they are to remain so recognised (which bodies, when and for so long as so recognised, are in this Act referred to as “incororated practices”;

(d) regulate the conduct of the affairs of incorporated practices; and

(e) provide—

(i) for the manner and form in which applications for recognition under this section are to be made, and for the payment of fees in connection with such applications for recognition under this section are to be made, and for the payment of fees in connection with such applications;

(ii) for regulating the names that may be used by incorporated practices;

(iii) as to the period for which any recognition granted under this section shall (subject to the provisions of this Act) remain in force;

(iv) for the revocation of any such recognition on the grounds that it was granted as a result of any error or fraud;

(v) for the keeping by the Society of a list containing the names and places of business of all incorporated practices and for the information contained in any such list to be available for inspection;

(vi) for rules made under any provision of this Act to have effect in relation to incorporated practices with such additions, omissions or other modifications as appear to the Council to be necessary or expedient;

(vii) for empowering the Council to take such steps as they consider necessary or expedient to ascertain whether or not any rules applicable to incorporated practices by virtue of this section are being complied with];[F3 and

(f) make such additional or different provision as the Council think fit in relation to solicitors who [F4 have an interest in or are employed by (or otherwise within) licensed legal services providers] .]

[F5 (1B) Rules made under this section may–

(a) prevent a solicitor from entering a multi-national practice without the approval of the Council; and

(b) make different provision for the regulation of solicitors and registered foreign lawyers in a multi-national practice in the following different cases–

(i) where the principal place of business of the practice is outside Scotland and it has a place of business in Scotland;

(ii) where the principal place of business of the practice is in Scotland and it has a place of business outside Scotland;

(iii) where the principal place of business of the practice is in Scotland and it has no place of business outside Scotland.

(1C) For the purposes of subsection (1B)(b), the principal place of business of a multi-national practice shall be determined by the Council who shall take into account factors set out in rules which may be made under this section.]

[F6 (1D) Rules made under this section may make provision as to—

(a) the way in which solicitors and incorporated practices are to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;

(b) the action which the Council may take to enable them to ascertain whether or not such rules are being complied with; and

(c) the recovery from solicitors of fees and other costs incurred by the Council in ascertaining whether or not a solicitor who has failed to comply with such rules has remedied that failure and is complying with the rules.]

(2) The Council shall, before making any rules under this section or section 35—

(a) send to each member of the Society a draft of the rules; and

(b) thereafter submit the draft rules to a meeting of the Society; and

(c) take into consideration any resolution passed at that meeting relating to amendments to the draft rules.

(3) Rules made under this section or section 35 shall not have effect unless the Lord President after considering any objections he thinks relevant has approved the rules so made.

F7 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (4ZA) If any solicitor fails to comply with any rule made under this section, that failure may be treated as professional misconduct or unsatisfactory professional conduct.]

[F10 (4A) A certificate purporting to be signed by an officer of the Society and stating that any body corporate is or is not an incorporated practice shall, unless the contrary is proved, be sufficient evidence of that fact.

(4B) Subject to the provisions of this Act, the Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, provide for any enactment or instrument passed or made before the commencement of section (1A) above and having effect in relation to solicitors to have effect in relation to incorporated practices with such additions, omissions, or other modifications as appear to him to be necessary or expedient.]

[F11 (4C) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4D) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 12(a)

F2 S. 34(1A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 12(b)

F3 S. 34(1A)(f) and word “and” immediately preceding it inserted (17.3.1993) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 31(3)(a); S.I. 1993/641, art. 3,Sch.

F4 Words in s. 34(1A)(f) substituted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 124(2)(a)(i), 150(2); S.S.I. 2012/152, art. 2, sch.

F5 S. 34(1B)(1C) inserted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 9}

F6 S. 34(1D) substituted (10.1.2019) by The Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1337), regs. 1(2), 6(2)

F7 S. 34(3A) repealed (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 124(2)(a)(ii), 150(2); S.S.I. 2012/152, art. 2, sch.

F8 S. 34(4)(4C)(4D) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(6), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

F9 S. 34(4ZA) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(6)(a) (with s. 77); S.S.I. 2008/311, art. 2

F10 S. 34(4A)(4B) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 12(c)

F11 S. 34(4C)(4D) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(6)(b) (with s. 77); S.S.I. 2008/311, art. 2

Modifications etc. (not altering text)

C1 S. 34 modified (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 14}