| Guvnor

Status: In Force
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Trader4 Any Person1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.036 Interest on client’s money. Regulated

Place client money in interest‑bearing accounts or pay equivalent interestTrader

s.037 Accountant’s certificates. Regulated

Deliver accountant's certificate to the Law Society of ScotlandTrader

s.039 Powers where excessive fees etc charged. Regulated

Other duties (1) — Crown / regulator

Council may withdraw practising certificates for grossly excessive feesStatutory regulator

s.045 Safeguarding interests of clients of solicitor struck off or suspended. Regulated

Arrange transfer of client documents and money within 21 days of being struck off or suspendedAny Person

s.047 Restriction on employing solicitor struck off or suspended. Regulated

Do not employ a disqualified solicitor without Council permissionTrader

117 other provisions — procedural and definitional

s.001 Establishment and objects of Law Society of Scotland.

s.001 Power to act as statutory regulator

s.002 Membership of Society.

s.003 Establishment and functions of Council of Law Society.

s.003 Discharge of functions of Council of the Law Society

s.003 Regulatory committee

s.003 Particular rules applying

s.003 Resolving regulatory disputes

s.003 Further provision for section 3B

s.003 Meaning of “regulatory functions”

s.003 Extended meaning under section 3F

s.004 Qualifications for practising as a solicitor.

s.005 Training regulations.

s.006 Admission as solicitor.

s.007 Keeping the roll.

s.008 Entry in the roll.

s.009 Removal of name from roll on request.

s.010 Restoration of name to roll on request.

s.011 Directions by Lord President.

s.012 Keeping the register

s.012 Information to be provided by registered European lawyers

s.012 Removal of name from register on request

s.012 Restoration of name to register on request

s.013 Applications for practising certificates.

s.014 Issue of practising certificate.

s.015 Discretion of Council in special cases.

s.016 Appeals from decisions of Council.

s.017 Date and expiry of practising certificates.

s.018 Suspension of practising certificates.

s.019 Further provisions relating to suspension of practising certificates.

s.020 Council’s duty to supply lists of solicitors holding practising certificates.

s.021 Consultants to hold practising certificates.

s.022 Evidence as to holding of practising certificates.

s.023 Offence to practise without practising certificate.

s.023 Professional misconduct for registered European lawyer to practise without a registration certificate

s.023 Failure on the part of a registered foreign lawyer in...

s.024 Saving of public officials.

s.024 Applications for registration certificates

s.024 Issue of registration certificates

s.024 Discretion of Council in special cases

s.024 Appeals from decisions of Council

s.024 Date and expiry of registration certificate

s.024 Suspension of registration certificate

s.024 Further provisions relating to suspension of registration certificate

s.025 Rights of practising.

s.025 Rights of audience in the Court of Session, the Supreme Court, the Judicial Committee of the Privy Council and the High Court of Justiciary.

s.026 Offence for solicitors to act as agents for unqualified persons.

s.027 Offence for solicitors to share fees with unqualified persons.

s.028 Offence for solicitors who are disqualified to seek employment without informing employer.

s.029 Restriction on borrowing processes.

s.030 Liability for fees of other solicitor.

s.031 Offence for unqualified persons to pretend to be solicitor or notary public.

s.032 Offence for unqualified persons to prepare certain documents.

s.033 Unqualified persons not entitled to fees, etc.

s.033 Privilege of incorporated practices from disclosure etc.

s.033 (1) Any communication made to or by a registered foreign...

s.033 Privilege of law centres, citizens advice bodies and charities from disclosure etc.

s.033 Licensed legal services providers

s.033 Practice rules relating to law centres, citizens advice bodies and charities

s.034 Rules as to professional practice, conduct and discipline.

s.035 Accounts rules.

s.037 Accounts and anti-money laundering fees

s.038 Powers where dishonesty alleged.

s.039 Powers where delay alleged.

s.040 Powers where failure to comply with accounts rules etc.

s.041 Appointment of judicial factor.

s.042 Distribution of sums in client bank account.

s.042 Powers where inadequate professional services alleged.

s.042 Inadequate professional services: Council’s powers to monitor compliance with directions.

s.042 Powers to examine documents and demand explanations in connection with complaints.

s.042 Unsatisfactory professional conduct: Council's powers

s.042 Unsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 42ZA(4)

s.042 Report by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers

s.042 Direction under section 42ZC(2): appeal by practitioner

s.043 Guarantee Fund

s.044 Professional indemnity.

s.045 Safeguarding interests of clients of an authorised legal business where authorisation suspended or withdrawn

s.046 Safeguarding interests of clients in certain other cases.

s.046 Safeguarding interests of clients in certain other cases

s.049 Investigation by lay observer of Society’s treatment of complaints.

s.050 The Tribunal.

s.051 Complaints to Tribunal.

s.052 Procedure on complaints and appeals to Tribunal.

s.053 Powers of Tribunal.

s.053 Inadequate professional services: powers of Tribunal.

s.053 Inadequate professional services: appeal to Tribunal against Council determination or direction.

s.053 Inadequate professional services: enforcement by Tribunal of Council direction.

s.053 Suspension etc. of investment business certificates: appeal to Tribunal.

s.053 Remission of complaint by Tribunal to Council

s.053 Powers of Tribunal on appeal: unsatisfactory professional conduct

s.053 Enforcement of Council direction: unsatisfactory professional conduct

s.054 Appeals from decisions of Tribunal.

s.054 Appeals from decisions of Tribunal: unsatisfactory professional conduct

s.055 Powers of Court

s.055 Powers of Court: unsatisfactory professional conduct

s.056 Saving for jurisdiction of courts.

s.056 Further provision as to compensation awards.

s.057 Admission and enrolment of solicitors as notaries public.

s.058 Removal from and restoration to register of names of notaries public.

s.059 Authority of notaries public to administer oaths, etc.

s.059 Rules regarding notaries public

s.060 Registered foreign lawyers

s.061 Protection of banks.

s.061 Solicitors fees.

s.062 Charge for expenses out of property recovered.

s.062 Council’s power to recover expenses incurred under section. . . 45 or 46.

s.063 Penalties and time limit for prosecution of offences

s.064 Service of notices etc.

s.064 Advisory and supervisory functions of the Competition and Markets Authority .

s.064 Duty of Secretary of State.

s.064 Investigatory powers of the Competition and Markets Authority .

s.064 Enforcement of notices under section 64C

s.064 Altering, etc. documents required to be produced under section 64C

s.064 Review of rules approved by the Secretary of State.

s.065 Interpretation.

s.066 Transitional and savings provisions, and repeals.

s.067 Citation, extent and commencement.

Schedules

2 of 84 shown

s.sch003 (1) Subject to the provisions of this Act, there shall... Regulated

Pay annual contributions to the Guarantee FundTrader

s.sch004 The expenses of the Tribunal so far as not otherwise... Regulated

Other duties (1) — Crown / regulator

Law Society of Scotland must pay Tribunal expenses not otherwise coveredStatutory regulator

82 other schedules

s.sch001 The Society shall be a body corporate with a common...

s.sch001 The Society may— (a) purchase or otherwise acquire land for...

s.sch001 The Council may— (a) act for and in the name...

s.sch001 Neither the Society nor any of its officers or servants...

s.sch001 The Council shall prepare a scheme providing for—

s.sch001 The scheme prepared under paragraph 2— (a) may make provision...

s.sch001 (1) This paragraph applies for the purpose of paragraph 3(bza)....

s.sch001 A scheme prepared under paragraph 2 shall have effect on...

s.sch001 The Society may by a resolution passed by a majority...

s.sch001 Subject to paragraph paragraphs 6B(2) and 7, every member of...

s.sch001 The subscription payable under paragraph 6 by a practising member...

s.sch001 (1) The Society may, in accordance with its authorisation rules...

s.sch001 The. . . subscription payable by a solicitor in respect...

s.sch001 The Society shall have power, subject to paragraphs 7B to...

s.sch001 The Society may determine that an imposition under paragraph 7A...

s.sch001 An imposition under paragraph 7A or a determination under that...

s.sch001 No imposition may be made under paragraph 7A above unless...

s.sch001 Except as otherwise provided in this Act, the expenses of...

s.sch001 Paragraph 8 does not affect any trust constituted for a...

s.sch002 The Council may, on the application of a solicitor whose...

s.sch002 Any person aggrieved by a decision of the Council under...

s.sch002 Subject to section 7(3), the Council may charge such reasonable...

s.sch003 (1) Subject to the provisions of this paragraph, paragraph (1)...

s.sch003 (1) Subject to the provisions of this paragraph, paragraph 1...

s.sch003 (1) Paragraph 1 applies to a conveyancing or executry practitioner...

s.sch003 (1) Monies not immediately required to meet sums payable out...

s.sch003 (1) The society may enter into a contract of insurance...

s.sch003 (1) Every application for a grant from the Guarantee Fund...

s.sch003 (1) The Scottish Ministers may by regulations amend the sum...

s.sch003 (1) If under section . . . 45 or 4645A...

s.sch004 The Tribunal shall consist of not more than 28 members....

s.sch004 The Tribunal shall give notice of the complaint to the...

s.sch004 For the purpose of enquiring into the complaint the Tribunal...

s.sch004 On a petition by the complainer or the respondent to...

s.sch004 The Tribunal shall set out in their decision—

s.sch004 Every decision on the Tribunal shall be signed by the...

s.sch004 In carrying out their duty under paragraph 14, the Tribunal...

s.sch004 A copy of every decision by the Tribunal certified by...

s.sch004 In the case of a decision by the Tribunal—

s.sch004 The Council shall forthwith intimate any order striking a solicitor...

s.sch004 The file of orders under this Act striking solicitors off...

s.sch004 Without prejudice to paragraph 18, the Council shall ensure that...

s.sch004 Subject to the provisions of Part IV, the Tribunal may...

s.sch004 The Tribunal shall consist of equal numbers of—

s.sch004 The validity of any proceedings of the Tribunal is not...

s.sch004 The Scottish Ministers may by order made by statutory instrument...

s.sch004 A statutory instrument containing an order made under paragraph 1C...

s.sch004 Each member of the Tribunal shall retire from office on...

s.sch004 On the application of the person in whose favour an...

s.sch004 Such warrant shall have effect for execution and for all...

s.sch004 The foregoing provisions of Part II of this Schedule shall...

s.sch004 Subject to Part IV, the Tribunal may dismiss an appeal...

s.sch004 The Tribunal shall give notice of the appeal to the...

s.sch004 The Lord President may from time to time terminate the...

s.sch004 The Tribunal may appoint one of their number to be...

s.sch004 The Tribunal shall be deemed to be properly constituted if—...

s.sch004 There shall be paid to the non-lawyer members of the...

s.sch004 The making of a complaint to the Tribunal or the...

s.sch004 A complaint made to the Tribunal shall not be withdrawn...

s.sch004 Where a complaint is made to the Tribunal by a...

s.sch004 Subject to Part IV, the Tribunal may dismiss a complaint...

s.sch005 The lay observer shall hold and vacate his office in...

s.sch005 In Part III of Schedule 1 to the House of...

s.sch005 The Secretary of State may give general directions to the...

s.sch005 The Society shall consider any report or recommendation which it...

s.sch005 The Secretary of State may appoint staff for the lay...

s.sch005 Remuneration for the lay observer and his staff and any...

s.sch005 In determining the terms of employment and remuneration of the...

s.sch005 The Society shall furnish the lay observer with such information...

s.sch005 The Secretary of State shall direct the submission to him...

s.sch005 The Secretary of State shall lay a copy of any...

s.sch006 (1) Insofar as— any agreement, appointment, operation, authorisation, determination, scheme,...

s.sch006 Notwithstanding the repeal by this Act of section 18(1) of...

s.sch006 Notwithstanding the repeal by this Act of section 14 of...

s.sch006 Where any enactment passed before this Act or any instrument...

s.sch006 Where any period of time specified in an enactment repealed...

s.sch006 Notwithstanding the repeal by this Act of section 15 of...

s.sch006 Notwithstanding the repeal by this Act of section 22(2)(b) of...

s.sch006 Nothing in section 61(3) shall deprive a bank of any...

s.sch006 Notwithstanding the repeal by this Act of sections 44 and...

s.sch006 The repeal of Section 35 of the Solicitors (Scotland) Act...

s.sch006 Nothing in this Act shall affect any enactment empowering any...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Solicitors (Scotland) Act 1980

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules