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Solicitors (Scotland) Act 1980, Section 33 is up to date with all changes known to be in force on or before 14 November 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.
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[F1Subject to the provisions of regulations 12 and 13 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000,]no fee, reward, outlay or expenses on account of or in relation to any act or proceeding done or taken by any person who—
(a)acts as a solicitor or as a notary public without being duly qualified so to act; or
(b)not being so qualified,. . . F2 frames or draws any writs to which section 32 applies,
shall be recoverable by any person in any action or matter.
[F3This section does not apply to an incorporated practice.][F4or in relation to writs framed or drawn by a person who is, by virtue of an act of sederunt made under section 32 of the Sheriff Courts (Scotland) Act 1971, permitted to represent a party to a summary cause.]
Textual Amendments
F1Words in s. 33 inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(10)
F2Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1)(2), Sch. 1 para. 8, Sch. 2
F3Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 10
F4Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(7)
Modifications etc. (not altering text)
C1S. 33 excluded (17.5.2004) by S.I. 1978/1910, art. 18(3) (as amended by The European Communities (Services of Lawyers) Amendment (Scotland) Order (S.S.I. 2004/186), {art. 6(b))}
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