(1)Any solicitor to whom this subsection applies who [F1or incorporated practice which] upon the account or for the profit of any unqualified person—
(a)acts as agent in any action or proceedings in any court, or
(b)permits or suffers his [F1or, as the case may be, its] name to be made use of in any way in any such action or proceedings; or
(c)[F2subject to subsection (4),] draws or prepares any writ to which section 32 applies, or
(d)[F3subject to subsection (4),] permits or suffers his [F1or, as the case may be, its] name to be made use of in the drawing or preparing of any such writ; or
(e)does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public,
knowing that person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence.
(2)Subsection (1) applies to any solicitor, not being a solicitor who is employed full-time on a fixed salary by a body corporate [F4or employed by a law centre.]
(3)In this section “person” includes a body corporate [F5but “unqualified person” does not include an incorporated practice].
[F6(4)Subsection (1)(c) and (d) shall not apply in relation to—
(a)writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or
(b)papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23.]
Textual Amendments
F1Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 4(a)
F2Words inserted in s. 26(1)(a) (1.3.1997 for all purposes except in relation to a recognised financial institution) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(a); S.I. 1966/2894, art. 3,Sch. as amended by S.I. 1996/2966, art.2
F3Words inserted in s. 26(1)(d) (1.3.1997 for all purposes except in relation to a recognised financial institution) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(b); S.I. 1996/2894, art. 3,Sch. as amended by S.I. 1996/2966, art.2
F4Words inserted in s.26(2) (17.3.1993) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(c); S.I. 1993/641, art. 3, Sch.
F5Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 4(b)
F6S. 26(4) inserted (1.3.1997 for all purposes except in relation to a recognised financial institution) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(5)(d); S.I. 1996/2894, art. 3,Sch. as amended by S.I. 1996/2966, art.2