- Latest available (Revised)
- Point in Time (01/04/2014)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 01/04/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Solicitors (Scotland) Act 1980, Section 32 is up to date with all changes known to be in force on or before 09 September 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.
(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; or
(ea)a licensed legal services provider;][F6; or
(f)to a member of a body which has made a successful application under section 25 of the 1990 Act but only to the extent to which the member is exercising rights acquired by virtue of section 27 of that Act]
[F7(2A)Subsection (1)(a) shall not apply to [F8-
(a)a [F9“conveyancing practitioner” ]providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.]
[F10(b)an approved lay representative within the meaning of section 5F of the Heritable Securities (Scotland) Act 1894 or section 24E of the Conveyancing and Feudal Reform (Scotland) Act 1970 (lay representation in proceedings by creditors for repossession of residential property) while acting in pursuance of the section in question.]
(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 [F11—
(a)]a party to a summary cause;
[F12(b)a debtor or hirer in proceedings for—
(i)a time order under section 129 of the Consumer Credit Act 1974 (time orders); or
(ii)variation or revocation, under section 130(6) of that Act (variation and revocation of time orders), of a time order made under section 129].
(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.
[F13(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(2)(ea) and word inserted (2.7.2012) by Legal Services (Scotland) Act 2010 (asp 16), ss. 123(4), 150(2); S.S.I. 2012/152, art. 2, sch.
F6S. 32(2)(f) and preceding word inserted (19.3.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 61, 82 (with s. 77); S.S.I. 2007/140, art. 2
F7S. 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
F8Words in s. 32(2A) renumbered (3.10.2010) by virtue of Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 7(3)(a), 17(3) (with s. 14); S.S.I. 2010/314, art. 4 (with transitional provisions and savings in S.S.I. 2010/316, art. 4)
F9Words 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
F10S. 32(2A)(b) added (3.10.2010) by virtue of Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 7(3)(b), 17(3) (with s. 14); S.S.I. 2010/314, art. 4 (with transitional provisions and savings in S.S.I. 2010/316, art. 4)
F11Words in s. 32(2B) re-numbered (1.10.2008) as s. 32(2B)(a) by virtue of Consumer Credit Act 2006 (c. 14), ss. 16(5)(a), 71; S.I. 2007/3300, art. 3(3), Sch. 3
F12S. 32(2B)(b) inserted (1.10.2008) by Consumer Credit Act 2006 (c. 14), ss. 16(5)(b), 71; S.I. 2007/3300, art. 3(3), Sch. 3
F13S. 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
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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: