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

Regulation 12

SCHEDULE S Consequential amendments and further transitional provision

Solicitors (Scotland) Act 1980 S

1.—(1) The Solicitors (Scotland) Act 1980 M1 is amended as follows.

(2) In section 12A (keeping the register) M2 —

(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) M3 , 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 M4 —

(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 ”.

Commencement Information

I1 Sch. para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 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.

M2 Section 12A was inserted by schedule 1, paragraph 1(2) of, the European Communities (Lawyer's Practice) (Scotland) Regulations 2000/121.

M3 Section 25A was inserted by section 24 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

M4 Paragraph 1A was inserted by schedule 1, paragraph 1(13) of, the European Communities (Lawyer's Practice) (Scotland) Regulations 2000/121.

2.— [F1 (1) The provisions of the Solicitors (Scotland) Act 1980 mentioned in paragraph (2) continue to have effect on and after IP completion day, as applied by regulation 37(2) and schedule 2 of the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation 3, in relation to an individual who— S

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day), registered with the Law Society of Scotland, at a time before IP completion day, but

(b) is not a Swiss lawyer to whom regulation 7 applies,

as those provisions had effect before IP completion day in relation to an individual who had ceased to be registered with the Law Society of Scotland under regulation 17 of the 2000 Regulations.]

(2) The provisions referred to in sub-paragraph (1) are—

(a) section 34 (rules as to professional practice, conduct and discipline),

(b) section 42C (powers to examine documents and demand explanations in connection with complaints),

(c) section 43 (guarantee fund),

(d) section 44 (professional indemnity),

(e) section 45 (safeguarding interests of clients of solicitor struck off or suspended),

(f) section 46 (safeguarding interests of clients in certain other cases),

(g) section 47 (restriction on employing solicitor struck off or suspended),

(h) section 51 (complaints to tribunal),

(i) section 52(1) and (2) (procedure on complaints and appeals to Tribunal),

(j) section 53 (powers of tribunal),

(k) section 53D (suspension etc. of investment business certificates: appeal to Tribunal),

(l) section 54 (appeals from decisions of Tribunal),

(m) section 55 (powers of court),

(n) section 56 (saving for jurisdiction of courts),

(o) paragraph 4(1) and (4) of Part 1 of schedule 3, and

(p) schedule 4 (constitution, procedure and powers of tribunal).

Textual Amendments

F1 Sch. para. 2(1) substituted (31.12.2020 immediately before IP completion day) by The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(a), 15(11)

Commencement Information

I2 Sch. para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)