(1) Subject to the provisions of this Act, there shall...
- Pay annual contributions to the Guarantee Fund
UK Act of Parliament
1980
United Kingdom
Solicitors (Scotland) Act 1980
At a glance
What's here
7 compliance obligations
Who this Act binds
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
The expenses of the Tribunal so far as not otherwise...
Other duties (1) — Crown / regulator
- Law Society of Scotland must pay Tribunal expenses not otherwise covered Statutory regulator
Browse 82 other Schedules — structural / supplementary
The Society shall be a body corporate with a common...
The Society may— (a) purchase or otherwise acquire land for...
The Council may— (a) act for and in the name...
Neither the Society nor any of its officers or servants...
The Council shall prepare a scheme providing for—
The scheme prepared under paragraph 2— (a) may make provision...
(1) This paragraph applies for the purpose of paragraph 3(bza)....
A scheme prepared under paragraph 2 shall have effect on...
The Society may by a resolution passed by a majority...
Subject to paragraph paragraphs 6B(2) and 7, every member of...
The subscription payable under paragraph 6 by a practising member...
(1) The Society may, in accordance with its authorisation rules...
The. . . subscription payable by a solicitor in respect...
The Society shall have power, subject to paragraphs 7B to...
The Society may determine that an imposition under paragraph 7A...
An imposition under paragraph 7A or a determination under that...
No imposition may be made under paragraph 7A above unless...
Except as otherwise provided in this Act, the expenses of...
Paragraph 8 does not affect any trust constituted for a...
The Council may, on the application of a solicitor whose...
Any person aggrieved by a decision of the Council under...
Subject to section 7(3), the Council may charge such reasonable...
(1) Subject to the provisions of this paragraph, paragraph (1)...
(1) Subject to the provisions of this paragraph, paragraph 1...
(1) Paragraph 1 applies to a conveyancing or executry practitioner...
(1) Monies not immediately required to meet sums payable out...
(1) The society may enter into a contract of insurance...
(1) Every application for a grant from the Guarantee Fund...
(1) The Scottish Ministers may by regulations amend the sum...
(1) If under section . . . 45 or 4645A...
The Tribunal shall consist of not more than 28 members....
The Tribunal shall give notice of the complaint to the...
For the purpose of enquiring into the complaint the Tribunal...
On a petition by the complainer or the respondent to...
The Tribunal shall set out in their decision—
Every decision on the Tribunal shall be signed by the...
In carrying out their duty under paragraph 14, the Tribunal...
A copy of every decision by the Tribunal certified by...
In the case of a decision by the Tribunal—
The Council shall forthwith intimate any order striking a solicitor...
The file of orders under this Act striking solicitors off...
Without prejudice to paragraph 18, the Council shall ensure that...
Subject to the provisions of Part IV, the Tribunal may...
The Tribunal shall consist of equal numbers of—
The validity of any proceedings of the Tribunal is not...
The Scottish Ministers may by order made by statutory instrument...
A statutory instrument containing an order made under paragraph 1C...
Each member of the Tribunal shall retire from office on...
On the application of the person in whose favour an...
Such warrant shall have effect for execution and for all...
The foregoing provisions of Part II of this Schedule shall...
Subject to Part IV, the Tribunal may dismiss an appeal...
The Tribunal shall give notice of the appeal to the...
The Lord President may from time to time terminate the...
The Tribunal may appoint one of their number to be...
The Tribunal shall be deemed to be properly constituted if—...
There shall be paid to the non-lawyer members of the...
The making of a complaint to the Tribunal or the...
A complaint made to the Tribunal shall not be withdrawn...
Where a complaint is made to the Tribunal by a...
Subject to Part IV, the Tribunal may dismiss a complaint...
The lay observer shall hold and vacate his office in...
In Part III of Schedule 1 to the House of...
The Secretary of State may give general directions to the...
The Society shall consider any report or recommendation which it...
The Secretary of State may appoint staff for the lay...
Remuneration for the lay observer and his staff and any...
In determining the terms of employment and remuneration of the...
The Society shall furnish the lay observer with such information...
The Secretary of State shall direct the submission to him...
The Secretary of State shall lay a copy of any...
(1) Insofar as— any agreement, appointment, operation, authorisation, determination, scheme,...
Notwithstanding the repeal by this Act of section 18(1) of...
Notwithstanding the repeal by this Act of section 14 of...
Where any enactment passed before this Act or any instrument...
Where any period of time specified in an enactment repealed...
Notwithstanding the repeal by this Act of section 15 of...
Notwithstanding the repeal by this Act of section 22(2)(b) of...
Nothing in section 61(3) shall deprive a bank of any...
Notwithstanding the repeal by this Act of sections 44 and...
The repeal of Section 35 of the Solicitors (Scotland) Act...
Nothing in this Act shall affect any enactment empowering any...
Interest on client’s money.
- Place client money in interest‑bearing accounts or pay equivalent interest
Accountant’s certificates.
- Deliver accountant's certificate to the Law Society of Scotland
Powers where excessive fees etc charged.
Other duties (1) — Crown / regulator
- Council may withdraw practising certificates for grossly excessive fees Statutory regulator
Safeguarding interests of clients of solicitor struck off or suspended.
- Arrange transfer of client documents and money within 21 days of being struck off or suspended
Restriction on employing solicitor struck off or suspended.
- Do not employ a disqualified solicitor without Council permission
Browse 117 other sections — procedural / definitional / commencement
Establishment and objects of Law Society of Scotland.
Power to act as statutory regulator
Membership of Society.
Establishment and functions of Council of Law Society.
Discharge of functions of Council of the Law Society
Regulatory committee
Particular rules applying
Resolving regulatory disputes
Further provision for section 3B
Meaning of “regulatory functions”
Extended meaning under section 3F
Qualifications for practising as a solicitor.
Training regulations.
Admission as solicitor.
Keeping the roll.
Entry in the roll.
Removal of name from roll on request.
Restoration of name to roll on request.
Directions by Lord President.
Keeping the register
Information to be provided by registered European lawyers
Removal of name from register on request
Restoration of name to register on request
Applications for practising certificates.
Issue of practising certificate.
Discretion of Council in special cases.
Appeals from decisions of Council.
Date and expiry of practising certificates.
Suspension of practising certificates.
Further provisions relating to suspension of practising certificates.
Council’s duty to supply lists of solicitors holding practising certificates.
Consultants to hold practising certificates.
Evidence as to holding of practising certificates.
Offence to practise without practising certificate.
Professional misconduct for registered European lawyer to practise without a registration certificate
Failure on the part of a registered foreign lawyer in...
Saving of public officials.
Applications for registration certificates
Issue of registration certificates
Discretion of Council in special cases
Appeals from decisions of Council
Date and expiry of registration certificate
Suspension of registration certificate
Further provisions relating to suspension of registration certificate
Rights of practising.
Rights of audience in the Court of Session, the Supreme Court, the Judicial Committee of the Privy Council and the High Court of Justiciary.
Offence for solicitors to act as agents for unqualified persons.
Offence for solicitors to share fees with unqualified persons.
Offence for solicitors who are disqualified to seek employment without informing employer.
Restriction on borrowing processes.
Liability for fees of other solicitor.
Offence for unqualified persons to pretend to be solicitor or notary public.
Offence for unqualified persons to prepare certain documents.
Unqualified persons not entitled to fees, etc.
Privilege of incorporated practices from disclosure etc.
(1) Any communication made to or by a registered foreign...
Privilege of law centres, citizens advice bodies and charities from disclosure etc.
Licensed legal services providers
Practice rules relating to law centres, citizens advice bodies and charities
Rules as to professional practice, conduct and discipline.
Accounts rules.
Accounts and anti-money laundering fees
Powers where dishonesty alleged.
Powers where delay alleged.
Powers where failure to comply with accounts rules etc.
Appointment of judicial factor.
Distribution of sums in client bank account.
Powers where inadequate professional services alleged.
Inadequate professional services: Council’s powers to monitor compliance with directions.
Powers to examine documents and demand explanations in connection with complaints.
Unsatisfactory professional conduct: Council's powers
Unsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 42ZA(4)
Report by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers
Direction under section 42ZC(2): appeal by practitioner
Guarantee Fund
Professional indemnity.
Safeguarding interests of clients of an authorised legal business where authorisation suspended or withdrawn
Safeguarding interests of clients in certain other cases.
Safeguarding interests of clients in certain other cases
Investigation by lay observer of Society’s treatment of complaints.
The Tribunal.
Complaints to Tribunal.
Procedure on complaints and appeals to Tribunal.
Powers of Tribunal.
Inadequate professional services: powers of Tribunal.
Inadequate professional services: appeal to Tribunal against Council determination or direction.
Inadequate professional services: enforcement by Tribunal of Council direction.
Suspension etc. of investment business certificates: appeal to Tribunal.
Remission of complaint by Tribunal to Council
Powers of Tribunal on appeal: unsatisfactory professional conduct
Enforcement of Council direction: unsatisfactory professional conduct
Appeals from decisions of Tribunal.
Appeals from decisions of Tribunal: unsatisfactory professional conduct
Powers of Court
Powers of Court: unsatisfactory professional conduct
Saving for jurisdiction of courts.
Further provision as to compensation awards.
Admission and enrolment of solicitors as notaries public.
Removal from and restoration to register of names of notaries public.
Authority of notaries public to administer oaths, etc.
Rules regarding notaries public
Registered foreign lawyers
Protection of banks.
Solicitors fees.
Charge for expenses out of property recovered.
Council’s power to recover expenses incurred under section. . . 45 or 46.
Penalties and time limit for prosecution of offences
Service of notices etc.
Advisory and supervisory functions of the Competition and Markets Authority .
Duty of Secretary of State.
Investigatory powers of the Competition and Markets Authority .
Enforcement of notices under section 64C
Altering, etc. documents required to be produced under section 64C
Review of rules approved by the Secretary of State.
Interpretation.
Transitional and savings provisions, and repeals.
Citation, extent and commencement.
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