32 Offence for unqualified persons to prepare certain documents.S
(1)Subject to the provisions of this section [F1and regulations 6, 11, 12 and 13 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000], any unqualified person (including a body corporate) who draws or prepares—
(a)any writ relating to heritable or moveable estate; or
(b)any writ relating to any [F2action or proceedings in any court]; or
(c)any papers on which to found or oppose an application for a grant of confirmation in favour of executors,
shall be guilty of an offence.
(2)Subsection (1) shall not apply—
(a)to an unqualified person if he proves that he drew or prepared the writ or papers in question without receiving, or without expecting to receive, either directly or indirectly, any fee, gain or reward [F3(other than by way of remuneration paid under a contract of employment)]; or
(b)to an advocate; or
(c)to any public officer drawing or preparing writs in the course of his duty; or
(d)to any person employed merely to engross any writ [F4or
(e)an incorporated practice.]
[F5(2A)Subsection (1)(a) shall not apply to a [F6“conveyancing practitioner”] providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
(2B)Subsection (1)(b) shall not apply to a person who is, by virtue of an act of sederunt made under section 32 (power of Court of Session to regulate procedure) of the M1Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.
(2C)Subsection (1)(c) shall not apply to an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.]
(3)In this section “writ” does not include—
(a)a will or other testamentary writing;
(b)a documentin re mercatoria, missive or mandate;
(c)a letter or power of attorney;
(d)a transfer of stock containing no trust or limitation thereof.
[F7(4)For the purposes of this section, “unqualified person” includes a registered foreign lawyer.]
Textual Amendments
F1Words in s. 32(1) inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(9)
F2Words substituted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 7
F3Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(6)(a)
F4S. 32(2)(e) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 9
F5S. 32(2A)–(2C) inserted (1.3.1997 for all purposes except in relation to a recognised financial institution and except as to subsection (2B) the insertion of which came into force 1.1.1991; see S.I. 1990/2624) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(6)(b); S.I. 1996/2894, art. 3, Sch. as amended by S.I. 1996/2966, art. 2
F6Words in s. 32(2A) substituted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2)(3), Sch. 4 para. 7; S.S.I. 2003/384, art. 2
F7S. 32(4) inserted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 7}
Modifications etc. (not altering text)
C1S. 32 amended (17.5.2004) by S.I. 1978/1910, arts. 5, 8, 18(1), Sch. Pt. 2 (as amended by The European Communities (Services of Lawyers) Amendment (Scotland) Order (S.S.I. 2004/186), {art. 7(b))}
Marginal Citations