Solicitors (Scotland) Act 1980

38 Powers where dishonesty alleged. S

(1) If the Council have reasonable cause to believe that a solicitor or an employee of his [F1 or an incorporated practice or any employee thereof] has been guilty of any such dishonesty as is mentioned in section 43(2) they may—

(a) require the production or delivery to any person appointed by the Council at a time and place fixed by the Council of the documents to which this section applies;

(b) take possession of all such documents; and

(c) apply to the Court for an order that no payment be made by any banker, building society or other body named in the order out of any banking account or any sum deposited in the name of such solicitor or his firm [F1 or, as the case may be, such incorporated practice] without the leave of the Court and the Court may make such order.

(2) This section applies to the following documents—

(a) all books, accounts, deeds, securities, papers and other documents in the possession or control of such solicitor or his firm [F2 or, as the case may be, such incorporated practice];

(b) all books, accounts, deeds, securities, papers and other documents relating to any trust of which he is a sole trustee or is a co-trustee only with one or more of his partners or employees [F2 or, as the case may be, of which the incorporated practice or one of its employees is a sole trustee or it is a co-trustee only with one or more of [F3 its] employees.]

(3) Part II of Schedule 3 shall have effect in relation to the powers of the Council under this section.

Textual Amendments

F1 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 16(a)

F2 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 16(b)

F3 Word substituted by virtue of Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 11

Modifications etc. (not altering text)

C1 S. 38 applied (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations (S.S.I. 2004/383), {reg. 13}