Solicitors (Scotland) Act 1980

PART VI Miscellaneous and General

Miscellaneous

61 Protection of banks

(1) Subject to the provisions of this section, no bank shall, in connection with any transaction on any account of a solicitor kept with it or with any other bank—

(a) incur any liability, or

(b) be under any obligation to make any enquiry, or

(c) be deemed to have any knowledge of any right of any person to any money paid or credited to the account,

which it would not incur, or be under, or be deemed to have (as the case may be) in the case of an account kept by a person entitled absolutely to all money paid or credited to it; but nothing in this subsection shall relieve a bank from any liability or obligation under which it would be apart from this Act.

(2) In subsection (1) " account" does not include an account kept by a solicitor as trustee for a specified beneficiary.

(3) Notwithstanding anything in the preceding provisions of this section a bank at which a solicitor keeps a special account for clients' money shall not, in respect of any liability of the solicitor to the bank (not being a liability in connection with that account) have or obtain any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against money standing to the credit of that account.

62 Charge for expenses out of property recovered

(1) Where a solicitor has been employed by a client to pursue or defend any action or proceeding, the court before which the action or proceeding has been heard or is depending may declare the solicitor entitled, in respect of the taxed expenses of or in reference to the action or proceeding, to a charge upon, and a right to payment out of, any property (of whatsoever nature, tenure or kind it may be) which has been recovered or preserved on behalf of the client by the solicitor in the action or proceeding ; and the court may make such order for the taxation of, and for the raising and payment of, those expenses out of the said property as the court thinks just.

(2) Where a declaration has been made under subsection (1) any act done or deed granted by the client after the date of the declaration except an act or deed in favour of a bona fide purchaser or lender, shall be absolutely void as against the charge or right.

General

63 Penalties and time limit for prosecution of offences

(1) Any person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding £100 and to imprisonment for a period not exceeding one month.

(2) Notwithstanding any provision of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, the prosecution of any offence under this Act shall be commenced within 6 months of its first discovery by the prosecutor or in any event within 2 years after the commission of that offence.

64 Service of notices etc.

Any notice or other document which is required or authorised under this Act to be given to, or served on, any person shall be taken to be duly given or served if it is delivered to him or left at, or sent by post to, his last-known place of business or residence.

65 Interpretation

(1) In this Act, except in so far as the context otherwise requires—

• " accounts rules " has the meaning given by section 35 ;

• " accountant's certificate rules " has the meaning given by section 37(3);

• " advocate " means a member of the Faculty of Advocates;

• "client account" means a current or deposit or savings account, or a deposit receipt, at a bank, being an account or, as the case may be, a deposit receipt in the title of which the word " client", " trustee", " trust" or other fiduciary term appears, including—

  (a)

  an account or deposit receipt for a client whose name is specified in the title of the account on deposit receipt, and

  (b)

  an account such as is mentioned in paragraphs (a) and (b) of section 35(1);

• " the Council " has the meaning given by section 3 ;

• " the Court" means the Court of Session;

• " functions " includes powers and duties ;

• " judge " includes sheriff ;

• " lay observer " has the meaning given by section 49 ;

• " Lord President " means the Lord President of the Court of Session;

• " notary public " means a notary public duly admitted in Scotland;

• " practice year " means the year ending on 31st October ;

• " practising certificate " has the meaning given by section 4 ;

• " property " includes property, whether heritable or moveable, and rights and interests in, to or over such property;

• " the roll " has the meaning given by section 7 ;

• " the Society " has the meaning given by section 1;

• " solicitor " means any person enrolled or deemed to have been enrolled as a solicitor in pursuance of this Act;

• " the Tribunal" has the meaning given by section 50 ;

• " unqualified person " means a person who is not qualified under section 4 to act as a solicitor.

(2) Unless the context otherwise requires a reference—

(a) in any enactment to law agents includes solicitors ;

(b) in any enactment to the register of law agents kept in pursuance of the Law Agents (Scotland) Act 1873 includes the roll;

(c) in any enactment or instrument to the Solicitors Discipline (Scotland) Committee shall be construed as a reference to the Tribunal;

(d) in any enactment or instrument or other document to the General Council of Solicitors in Scotland shall be construed as a reference to the Council;

(e) in any enactment to a solicitor's being entitled to practise in the Court, or in any other court, or to act in any matter, by reason of his being enrolled in, or of his having subscribed, the list of solicitors practising in that court, shall be construed as a reference to his being entitled so to practise or act by reason of his name being included in the appropriate list provided under section 20.

(3) In this Act references to any enactment shall, except in so far as the context otherwise requires, be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

(4) In this Act, except in so far as the context otherwise requires.—

(a) any reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered;

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;

(c) a reference in a section, subsection or Schedule to a numbered or lettered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered or lettered; and

(d) a reference to any provision of an Act (including this Act) includes a reference to any Schedule incorporated in the Act by that provision.

66 Transitional and savings provisions, and repeals

(1) Schedule 6 (Transitional and savings provisions) shall have effect, but the provisions of that Schedule shall not be taken as prejudicing the operation of section 16 of the [1978 c. 30.] Interpretation Act 1978 (general savings in respect of repeals).

(2) The enactments specified in Schedule 7 are hereby repealed to the extent shown in column 3 of that Schedule.

67 Citation, extent and commencement

(1) This Act may be cited as the Solicitors (Scotland) Act 1980.

(2) This Act extends to Scotland only.

(3) This Act shall come into operation on the expiration of one month from the date on which it is passed.