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 [F2as those regulations have effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019]], 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 [F3action 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 [F4(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 [F5or
(e)an incorporated practice] [F6; or
(ea)a licensed legal services provider;] [F7; 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]
[F8(2A)Subsection (1)(a) shall not apply to [F9—
(a)a [F10“conveyancing practitioner”] providing conveyancing services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.]
[F11(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 [F12—
(a)]a party to a summary cause;
[F13(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.
[F14(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 in s. 32(1) inserted (31.12.2020) by The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/127), reg. 1(1), sch. para. 1(5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words substituted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 7
F4Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(6)(a)
F5S. 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
F6S. 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.
F7S. 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
F8S. 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
F9Words 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)
F10Words 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
F11S. 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)
F12Words 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
F13S. 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
F14S. 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