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Solicitors (Scotland) Act 1980

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Solicitors (Scotland) Act 1980, Section 57 is up to date with all changes known to be in force on or before 13 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. Help about Changes to Legislation

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57 Admission and enrolment of solicitors as notaries public.S

[F1X1(1)No person shall be admitted as a notary public unless he has been admitted and enrolled as a solicitor.]

[F1X1(1)The offices and functions of—

(a)the clerk to the admission of notaries public; and

(b)the keeper of the register of notaries public,

are hereby transferred to the Council.]

(2)Any solicitor may apply to the Court to be admitted as a notary public; and on any such application the Court may so admit the applicant and may [F2grant warrant to the keeper of the register of notaries public to register him in that register.][F2direct the Council to register him in the register of notaries public.]

[F3(2A)A petition by the Council under section 6(3A) for the admission of a person as a solicitor may, if the person so requests, include an application for the person’s admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.

(2B)A petition by a person under section 6(2) for his admission as a solicitor may include an application for his admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.]

(3)It shall not be necessary for any person to find caution on his admission as a notary public.

(4)The procedure to be followed. . . F4 on any application by a [F5solicitor][F5person] to be admitted a notary public may be prescribed by rules of court.

[F6X2(5)There shall be paid to the clerk to the admission of notaries public in respect of the admission of any person as a notary public such [F7reasonable fees as the clerk may fix].]

[F6X2(5)The Council may charge such reasonable fees as they consider appropriate in respect of the admission of any person as a notary public.]

Editorial Information

X1S. 57(1) beginning “The offices” substituted (prosp.) for s. 57(1) beginning “No person” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(a), 75(2)

X2S. 57(5) beginning “The Council” substituted (prosp.) for s. 57(5) beginning “There shall be paid” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(e), 75(2)

Textual Amendments

F1S. 57(1) beginning “The offices” substituted (prosp.) for s. 57(1) beginning “No person” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(a), 75(2)

F2Words beginning “direct the Council” substituted (prosp.) for words beginning “grant warrant” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(b), 75(2)

F6S. 57(5) beginning “The Council” substituted (prosp.) for s. 57(5) beginning “There shall be paid” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 37(2)(e), 75(2)

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