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Solicitors (Scotland) Act 1980
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Changes over time for: Section 31
Changes to legislation:
Solicitors (Scotland) Act 1980, Section 31 is up to date with all changes known to be in force on or before 30 December 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 to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 31:
- s. 12A(2)(ba) inserted by 2010 asp 16 s. 118(3)
- s. 32(1)(d) and word inserted by 2010 asp 16 s. 118(2)(a)(i)
- s. 32(2D) inserted by 2010 asp 16 s. 118(2)(a)(iv)
- Sch. 4 para. 1A(b)(iia) inserted by 2010 asp 16 s. 118(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A(2)(ba) inserted by 2010 asp 16 s. 118(3)
- s. 32(1)(d) and word inserted by 2010 asp 16 s. 118(2)(a)(i)
- s. 32(2D) inserted by 2010 asp 16 s. 118(2)(a)(iv)
- Sch. 4 para. 1A(b)(iia) inserted by 2010 asp 16 s. 118(2)(b)
31 Offence for unqualified persons to pretend to be solicitor or notary public. S
[F1(1)]Any F2. . . person (including a body corporate) who [F3, not having the relevant qualification,]either by himself or together with others, wilfully and falsely—
(a)pretends to be a solicitor or notary public; or
[F4(aa)pretends to be a registered European lawyer; or]
[F5(ab)pretends to be a registered foreign lawyer; or]
(b)takes or uses any name, title, addition or description implying that he is duly qualified to act as a solicitor or a notary public [F6[F7, registered European lawyer or registered foreign lawyer], as the case may be,] or recognised by law as so qualified;
shall be guilty of an offence.
F8...
[F9(2)Any person (including a body corporate) who either by himself or together with others, wilfully and falsely—
(a)pretends to be an incorporated practice;
(b)takes or uses any name, title, addition or description implying that he is an incorporated practice,
shall be guilty of an offence.
[F10(2A)This section does not apply to an incorporated practice.
(2B)This section does not apply in relation to the taking or using by a licensed legal services provider of a name, title, addition or description if the licensed provider has the Society's written authority for using it.
(2C)For the purpose of subsection (2B), the Council are to make rules which—
(a)set the procedure for getting the Society's authority (and specify the conditions that the Society may impose if it gives that authority),
(b)specify the grounds on which the Society may refuse to give that authority (and require the Society to give reasons in writing if it refuses to give that authority).]
(3)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 31 renumbered as subsection (1) of that section by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 8
F2Word in s. 31(1) repealed (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(8)(a)
F3Words in s. 31(1) inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(8)(b)
F4S. 31(1)(aa) inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(8)(c)
F5S. 31(1)(ab) inserted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 6(a)}
F6Words in s. 31(1)(b) inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(8)(d)
F7Words in s. 31(1)(b) substituted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 6(b)}
F8Words in s. 31 repealed (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(3)(a), 150(2); S.S.I. 2012/152, art. 2, sch.
F9S. 31(2)(3) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 8(b)
F10S. 31(2A)-(2C) inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(3)(b), 150(2); S.S.I. 2012/152, art. 2, sch.
F11S. 31(3) repealed (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 9; S.I. 1991/1252, art. 3, Sch. 1
Modifications etc. (not altering text)
C1S. 31 amended by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 278(2)(3)
C2S. 31 modified (31.10.1994) by 1994 c. 26, s. 86(2); S.I. 1994/2550, art. 2
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