- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 20/07/1992
Point in time view as at 01/02/1991. This version of this part contains provisions that are not valid for this point in time.
Solicitors (Scotland) Act 1980, PART V is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[F1X1(1)No person shall be admitted as a notary public unless he has been admitted and enrolled as a solicitor.]
[F1X1(1)The offices and functions of—
(a)the clerk to the admission of notaries public; and
(b)the keeper of the register of notaries public,
are hereby transferred to the Council.]
(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 [F2grant warrant to the keeper of the register of notaries public to register him in that register.][F2direct the Council to register him in the register of notaries public.]
[F3(2A)A petition by the Council under section 6(3A) for the admission of a person as a solicitor may, if the person so requests, include an application for the person’s admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.
(2B)A petition by a person under section 6(2) for his admission as a solicitor may include an application for his admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.]
(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. . . F4 on any application by a [F5solicitor][F5person] to be admitted a notary public may be prescribed by rules of court.
[F6X2(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 [F7reasonable fees as the clerk may fix].]
[F6X2(5)The Council may charge such reasonable fees as they consider appropriate in respect of the admission of any person as a notary public.]
Editorial Information
X1S. 57(1) beginning “The offices” substituted (prosp.) for s. 57(1) beginning “No person” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(a), 75(2)
X2S. 57(5) beginning “The Council” substituted (prosp.) for s. 57(5) beginning “There shall be paid” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(e), 75(2)
Textual Amendments
F1S. 57(1) beginning “The offices” substituted (prosp.) for s. 57(1) beginning “No person” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(a), 75(2)
F2Words beginning “direct the Council” substituted (prosp.) for words beginning “grant warrant” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(b), 75(2)
F3S. 57(2A)(2B) inserted (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(c), 75(2)
F4Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2
F5 “person” substituted (prosp.) for “solicitor” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(d), 75(2)
F6S. 57(5) beginning “The Council” substituted (prosp.) for s. 57(5) beginning “There shall be paid” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(e), 75(2)
F7Words substituted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 18
(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 [F8give 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][F8strike off or, as the case may be, remove his name from the register of notaries public].
(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, [F9it shall be the duty of the Council forthwith to notify the said keeper accordingly; and the keeper shall thereupon][F9the Council shall forthwith] restore the name to the register of notaries public.
[F10(3)Where a person who is both a solicitor and a notary public is suspended from practising as a solicitor under this Act the Council shall forthwith remove the person’s name from the register of notaries public.
(4)If the suspension of such a person as is mentioned in subsection (3) is terminated or otherwise comes to an end the Council shall restore the person’s name to the register.]
Textual Amendments
F8Words beginning “strike off” substituted (prosp.) for words beginning “give notice” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(3)(a), 75(2)
F9Words beginning “the Council” substituted (prosp.) for words beginning “it shall be the duty” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(3)(b), 75(2)
(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.
Valid from 23/11/2007
(1)Subject to subsections (2) and (3), the Council may, if they think fit, make rules for regulating in respect of any matter the admission, enrolment and professional practice of notaries public.
(2)The Council shall, before making any rules under this section—
(a)send to each notary public a draft of the rules; and
(b)take into consideration any representations made by any notary public on the draft.
(3)Rules made under this section shall not have effect unless the Lord President, after considering any representations the Lord President thinks relevant, has approved the rules so made.
(4)If a notary public fails to comply with any rule made under this section that failure may be treated as professional misconduct or unsatisfactory professional conduct on the part of the solicitor who is the notary public.]
Textual Amendments
F11S. 59A inserted (23.11.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 63, 82 (with s. 77); S.S.I. 2007/497, art. 2
Textual Amendments
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: