The Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Solicitors (Scotland) Act 1980

1.—(1) The Solicitors (Scotland) Act 1980(1) is amended as follows.

(2) In section 12A (keeping the register)(2)—

(a) in subsection (1) after “2000” insert “as those regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019”,

(b) in subsection (2) after “regulations” insert “as it has effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019”.

(3) In section 25A (rights of audience in the Court of Session, the Supreme court, the Judicial Committee of the Privy Council and the High Court of Justiciary)(3), in subsection (1), after “2000” insert “as those regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019”.

(4) In section 26 (offence for solicitors to act as agents for unqualified persons), after subsection (4), insert—

“(5) In this section, any reference to the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 is to those Regulations as they have effect by virtue of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.”.

(5) In section 32 (offence for unqualified persons to prepare certain documents) in subsection (1) after “2000” insert “as those regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019”.

(6) In section 33 (unqualified persons not entitled to fees, etc.) in subsection (1) after “2000” insert “as those regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019”.

(7) In section 65(1) (interpretation), in the definition of “registered European lawyer”, after “2000” insert “, as those Regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019”,

(8) In schedule 3 (the Scottish solicitors guarantee fund), in paragraph 1A(4)—

(a) in sub-paragraph (2)(a), after “home State” insert “or Switzerland, in the case of a Swiss lawyer within the meaning of regulation 7(2) of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019”,

(b) in sub-paragraph (5), after “2000” insert “as that regulation has effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Amendment etc.) (Scotland) Regulations 2019”.

(1)

1980 c.46, as relevantly amended by schedule 8, paragraph 29(5)(c) of, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), schedule 4, paragraph 31 of, the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), S.S.I. 2000/121, S.S.I. 2004/383, S.S.I. 2005/465, schedule 2, paragraph 1 of, the Adult Support and Protection (Scotland) Act 2007 (asp 10), sections 123(1), 123(5) 125(1), 128(1)(a)(i), 133(2), 134(2), 135(2), 137(3) and (4) and 138(1) of, the Legal Services (Scotland) Act 2010 (asp 16), and S.I. 2017/1301.

(2)

Section 12A was inserted by schedule 1, paragraph 1(2) of, the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000/121.

(3)

Section 25A was inserted by section 24 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

(4)

Paragraph 1A was inserted by schedule 1, paragraph 1(13) of, the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000/121.