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Solicitors (Scotland) Act 1980

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This is the original version (as it was originally enacted).

32Offence for unqualified person to prepare certain documents

(1)Subject to the provisions of this section, 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 legal proceedings; 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 ; 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.

(3)In this section " writ " does not include—

(a)a will or other testamentary writing;

(b)a document in re mercatoria, missive or mandate;

(c)a letter or power of attorney;

(d)a transfer of stock containing no trust or limitation thereof.

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