Solicitors (Scotland) Act 1980

41 Appointment of judicial factor.S

Where the Council, in exercise of any power conferred on them by [F1rules made by virtue of section 34(1D) or] the accounts rules, have caused an investigation to be made of the books, accounts and other documents of a solicitor [F2or an incorporated practice], and, on consideration of the report of the investigation, the Council are satisfied—

(a)that the solicitor [F3or, as the case may be, the incorporated practice] has failed. . . F4 to comply with the provisions of those rules, and

(b)that, [F5, in the case of a solicitor, in connection with his practice as such], either—

(i)his liabilities exceed his assets in the business, or

(ii)his books, accounts and other documents are in such a condition that it is not reasonably practicable to ascertain definitely whether his liabilities exceed his assets, or

(iii)there is reasonable ground for apprehending that a claim on the Guarantee Fund may arise [F6; or

(c)that, in the case of an incorporated practice, either—

(i)its liabilities exceed its assets, or

(ii)its books, accounts and other documents are in such a condition that it is not reasonably practicable to ascertain definitely whether its liabilities exceed its assets, or

(iii)there is reasonable ground for apprehending that a claim on the guarantee fund may arise].

the Council may apply to the Court for the appointment of a judicial factor on the estate of the solicitor [F7or, as the case may be, of the incorporated practice]; and the Court, on consideration of the said report and after giving the solicitor [F8or, as the case may be, the incorporated practice] an opportunity of being heard, may appoint a judicial factor on [F9such] estate, or do otherwise as seems proper to it.

Textual Amendments

Modifications etc. (not altering text)

C1S. 41 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}