Solicitors (Scotland) Act 1980

35 Accounts rules

(1) The Council shall, subject to section 34(2) and (3), make rules (in this Act referred to as "accounts rules")—

(a) as to the opening and keeping by solicitors of accounts and deposits at the banks specified in subsection (2) for moneys not belonging to them received by them in the course of their practice ;

(b) as to the opening and keeping by solicitors of—

(i) a deposit or share account with a building society designated under section 1 of the [1959 c. 33.] House Purchase and Housing Act 1959, or

(ii) an account showing sums on loan to a local authority,

being in either case for a client whose name is specified in the title of the account;

(c) as to the keeping by solicitors of books and accounts containing particulars and information as to money not belonging to them received, held or paid by them in the course of their practice; and

(d) as to the action which the Council may take to enable them to ascertain whether or not the rules are being complied with.

(2) The banks mentioned in paragraph (a) of subsection (1) are—

(a) the Bank of England ;

(b) a Trustee Savings Bank within the meaning of section 95 of the [1969 c. 50.] Trustee Savings Bank Act 1969;

(c) the National Savings Bank;

(d) the Post Office, in the exercise of its powers to provide banking services;

(e) a recognised bank within the meaning of the [1979 c. 37.] Banking Act 1979; and

(f) any other company as to which immediately before the repeal of the [1963 c. 16.] Protection of Depositors Act 1963 the Secretary of State was satisfied that it ought to be treated as a banking company for the purposes of that Act,

and the rules may specify the location of the banks' or companies' branches at which the accounts are to be kept.

(3) If any solicitor fails to comply with any rule made under this section that failure may be treated as professional misconduct for the purposes of Part IV.

(4) Rules made under this section shall not apply to a solicitor—

(a) who is in employment as solicitor to a Minister of the Crown or a Government Department or as an assistant or officer appointed to act under the direction of such solicitor; or

(b) who is in employment to which Part II of the [1972 c. 50.] Legal Advice and Assistance Act 1972 applies; or

(c) who is in employment in an office connected with the administration of a local authority or a statutory undertaking or a designated body to which he has been appointed by the authority or the statutory undertakers or the persons responsible for the management of that body by reason of his being a solicitor,

so far as regards monies' received, held or paid by him in the course of that employment. In this subsection—

• " local authority " means a local authority within the meaning of the [1973 c. 65.] Local Government (Scotland) Act 1973 ;

• "statutory undertakers" means any persons (including a local authority) authorised by any enactment or statutory order or any scheme made under or confirmed by an enactment to construct, work or carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of gas, electricity, hydraulic power or water ;

• " designated body " means any body whether corporate or unincorporate for the time being designated by the Council for the purposes of this section.