Solicitors (Scotland) Act 1980

Part I — Organisation

The Law Society of Scotland

Transitional and savings provisions, and repeals.

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• (1) The Law Society of Scotland (referred to in this Act as “the Society”) shall continue to exist and shall exercise the functions conferred upon it by this Act and sections 16 to 23 (which relate to the provision of conveyancing and executry services) of the 1990 Act.

• (2) The objects of the Society shall include the promotion of—

• (a) the interests of the solicitors’ profession in Scotland; and

• (b) the interests of the public in relation to that profession.

• (3) The Society may do anything that is incidental or conducive to the exercise of these functions or the attainment of those objects.

• (4) Schedule 1 shall have effect in relation to the Society.

Membership of Society

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• (1) Every solicitor having in force a practising certificate shall be a member of the Society.

• (2) Notwithstanding any other provisions of this Act, the Council may admit as a member of the Society any solicitor not having in force a practising certificate on such terms and conditions (including the payment by him of a reduced annual subscription) as they may determine.

• (3) Subject to subsection (2), a solicitor shall—

• (a) be treated as if he were not a member of the Society while suspended from practice as a solicitor under any enactment;

• (b) cease to be a member of the Society when his practising certificate ceases to have effect.

The Council of the Law Society

Establishment and functions of Council of Law Society

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• (1) The business of the Society shall continue to be conducted by the Council of the Society (referred to in this Act as “the Council”) the members of which shall be elected , co-opted or appointed in accordance with the provisions of the scheme made under paragraph 2 of Schedule 1.

• (2) The Council shall have the functions conferred upon them by this Act and sections 16 to 23 of the 1990 Act.

Part II — Right to Practise as a Solicitor

Qualifications and Training

Qualifications for practising as solicitor

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No person shall be qualified to practise as a solicitor unless—

• (a) he has been admitted as a solicitor; and

• (b) his name is on the roll; and

• (c) subject to section 24, he has in force a certificate issued by the Council in accordance with the provisions of this Part authorising him to practise as a solicitor (referred to in this Act as a “practising certificate”).

Training regulations

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• (1) The Council may, with the concurrence of the Lord President, make regulations for—

• (a) practical training;

• (b) attendance at a course of legal education;

• (c) the passing of examinations.

• (2) Regulations under this section—

• (a) may make such incidental, consequential and supplemental provisions as the Council consider necessary or proper in relation to the matters specified in subsection (1);

• (b) may include provision for the charging by the Council of fees and the application thereof; and

• (c) may make different provision for different circumstances.

Admission

Admission as solicitor

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• (1) Subject to the provisions of this section, no person shall be admitted as a solicitor in Scotland unless—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) he has satisfied the Council. . .

• (i) that he has complied with the provisions of any regulations made under section 5 that apply to him, and

• (ii) that he is a fit and proper person to be a solicitor,

and has obtained from the Council a certificate to that effect; and

• (c) he has paid such sum in respect of his admission as has been fixed by the Council with the approval of the Lord President.

• (2) Where—

• (a) a person has complied with the requirements of subsection (1); but

• (b) the Council have not lodged a petition for his admission as a solicitor within one month of his having so complied,

he may apply by petition to the court for admission as a solicitor; and if he produces the certificate mentioned in paragraph (b) of subsection (1) the court shall make an order admitting him as a solicitor.

• (3) If any person has not obtained from the Council a certificate to the effect mentioned in paragraph (b) of subsection (1) but has otherwise satisfied the requirements of that subsection the Court, on such an application being made by him and on being satisfied after such inquiry as it thinks fit, that—

• (a) he is a fit and proper person to be admitted as a solicitor, and

• (b) he is competent to be a solicitor,

may make an order admitting him as a solicitor.

• (3A) The Council may petition the court for the admission as a solicitor of an applicant who has complied with the requirements of subsection (1) above; and, where it does so it shall lodge the petition not later than one month after the applicant has first so complied.

• (3B) The Court shall, on a petition being made to it under subsection (3A) above, make an order admitting the applicant as a solicitor.

• (4) Any order admitting a person as a solicitor under this section shall include a direction to the Council to enter the name of that person in the roll.

• (5) Nothing in this section affects the operation of the Colonial Solicitors Act 1900 or any Order in Council made under that Act (admission as solicitors in Scotland of solicitors of certain overseas territories)

• (6) Every person who has been enrolled as a law agent shall be deemed to be admitted as a solicitor.

The Roll

Keeping the roll

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• (1) The Council shall continue to be the registrar of solicitors and shall keep at the office of their secretary a roll of solicitors (in this Act referred to as “the roll”).

• (2) The roll shall consist of the names in alphabetical order of all solicitors entered on it in accordance with section 8.

• (2A) The roll is also to record against the name of each enrolled solicitor the address of the place of business of that solicitor (as given under subsection (2) of that section).

• (3) Any person may inspect the roll during office hours without payment.

• (4) Schedule 2 (powers of Council in relation to roll of solicitors) shall have effect.

Entry in roll

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• (1) On production to the Council of an order under section 6 admitting a person as a solicitor and directing that his name be entered on the roll the Council shall enter the name of that person on the roll.

• (2) Any solicitor whose name is entered on the roll (in this Act referred to as “an enrolled solicitor”) shall, on such entrolment, inform the Council in writing of the address of his place of business, and shall on any change of that address, inform them in writing of his new address.

• (3) The Council shall issue a certificate of enrolment to any enrolled solicitor who applies for it.

Removal of name from roll on request

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• (1) An enrolled solicitor who wishes his name , or any annotation made against his name under section 25A(3), to be removed from the roll of solicitors may make an application to the Council in that behalf, and the Council shall ... remove the name of that solicitor or, as the case may be, the annotation against his name, from the roll.

• (2) But the Council are required to remove the name or annotation only if they are satisfied that—

• (a) the solicitor has made adequate arrangements with respect to the business which the solicitor then has in hand, and

• (b) it is otherwise appropriate to do so.

Restoration of name to roll on request

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• (1) A solicitor. . . whose name has been struck off the roll other than by order of the Court, shall only be entitled to have his name restored to the roll, if on an application in that behalf made by him to the Tribunal and after such inquiry as the Tribunal thinks proper, the Tribunal so orders.

• (1ZA) Where the restoration of a solicitor's name to the roll has been prohibited under section 53(2)(aa), the solicitor is entitled to have the solicitor's name restored to the roll if (but only if) the Tribunal so orders—

• (a) on an application made to it by the solicitor, and

• (b) after such enquiry as it thinks proper.

• (1A) On an application to the Council from a solicitor whose name , or any annotation against whose name, has been removed from the roll under section 9 (except where subsection (1ZA) applies) the Council may, after such inquiry as they think proper, restore the name of that solicitor or, as the case may be, the annotation, to the roll.

• (2) Rules made by the Tribunal under section 52 may—

• (a) regulate the making, hearing and determining of applications under subsection (1) or (1ZA) ;

• (b) provide for payment by the applicant to the Council of such fee in respect of restoration to the roll as the rules may specify.

Directions by Lord President

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• (1) The Lord President may give directions to the Council in relation to the carrying out of their duties in connection with the keeping of the roll and they shall give effect to any such direction.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Court to prescribe fees

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Practising Certificates

Applications for practising certificates

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• (1) Subject to this section and sections 14 to 24, the Council may make rules with respect to—

• (a) applications for practising certificates;

• (b) the issue of practising certificates;

• (c) the keeping of a register of applications for and the issue of practising certificates.

• (2) Any person may inspect the register during office hours without payment.

• (3) The making of a false statement by a solicitor in an application for a practising certificate may be treated as professional misconduct by him for the purposes of Part IV, unless he proves the statement was made without intention to deceive.

Issue of practising certificate

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• (1) The Council shall issue to an enrolled solicitor on application being duly made by him, a practising certificate in accordance with rules made by them under section 13.

• (2) The Council shall not issue a practsing certificate to a solicitor while he is suspended from practice.

Discretion of Council in special cases

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• (1) In any case where this section has effect, the applicant shall, unless the Council otherwise order, give to the Council, not less than 6 weeks before he applies for a practising certificate, notice of his intention to do so; and the Council may in their discretion—

• (a) grant or refuse the application, or

• (b) decide to issue a certificate to the applicant subject to such conditions as the Council may think fit.

• (2) Subject to subsections (3) and (4), this section shall have effect in any case where a solicitor applies for a practising certificate

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) not having held a practising certificate in force within the period of 12 months following the date of his admission; or

• (c) when a period of 12 months or more has elapsed since he held a practising certificate in force; or

• (d) without having paid in full any fine imposed on him under section 42ZA(4)(b) or Part IV; or

• (e) without having paid in full any expenses for which he has been found liable under section 62A or Part IV; or

• (f) when, having been suspended from practice, the period of suspension has expired; or

• (g) when, having had his name struck off the roll, his name has been restored to the roll; or

• (h) after his estate has been sequestrated or he has granted a trust deed for behoof of creditors, whether he has obtained his discharge or not; or

• (i) when . . . —

• (i) the Council are investigating a conduct complaint remitted to them under section 6(2)(a) or 15(5)(a) of the 2007 Act, his attention has been drawn by the Council to the matter, and he has not replied or has not furnished a reply which would enable the Council to dispose of the matter; or

• (ii) after a complaint has been made of delay in the disposal of the business of a client he has not completed that business within such period as the Council may fix as being a reasonable period within which to do so,

and in either case has been notified in writing by the Council accordingly ; or

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where a practising certificate free of conditions is issued by the Council under subsection (1) to a solicitor in relation to whom this section has effect by reason of any such circumstances as are mentioned in paragraphs (b), (c), (f), (g) or (h) of subsection (2), this section shall not thereafter have effect in relation to that solicitor by reason of those circumstances.

• (4) Where the Council decide to issue a practising certificate subject to conditions, they may, if they think fit, postpone the issue of the certificate pending the hearing and determination of an appeal under section 16.

Appeals from decisions of Council

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• (1) Where an application for a practising certificate is duly made to the Council otherwise than in a case where

• (a) section 15 has effect and the Council refuse or neglect to issue a practising certificate, the applicant ;

• (b) the Council refuse to recognise a body corporate as being suitable in terms of section 34(1A)(b), the body corporate

may apply to the Court, who may make such order in the matter as it thinks fit.

• (2) Where the Council in exercise of the power conferred on them by section 15, refuse to issue a practising certificate, or issue a practising certificate subject to conditions, the applicant may appeal to the Court against that decision within 14 days of being notified of it.

• (3) On an appeal to the Court under subsection (2) the Court may—

• (a) affirm the decision of the Council, or

• (b) direct the Council to issue a practising certificate to the applicant subject to such conditions if any as the Court may think fit; or

• (c) make such other order as it thinks fit.

Date and expiry of practising certificates

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• (1) Every practising certificate issued in November of any year shall bear the date of 1st November in that year, and every other practising certificate shall bear the date of the day on which it was issued.

• (2) Every practising certificate shall have effect from the date it bears under subsection (1).

• (3) Subject to subsection (4), every practising certificate shall expire on 31st October next after it is issued.

• (4) On the name of any solicitor being struck off the roll or on a solicitor being suspended from practice as a solicitor, any practising certificate for the time being in force of that solicitor shall cease to have effect, but in the case of suspension, if he ceases to be so suspended during the period for which the practising certificate would otherwise have continued in force, the certificate shall thereupon again have effect.

Suspension of practising certificates

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• (1) If—

• (a) in pursuance of the Mental Health (Care and Treatment) (Scotland) Act 2003, a solicitor is, by reason of mental disorder, detained in hospital. . .;

• (b) a guardian is appointed to a solicitor under the Adults with Incapacity (Scotland) Act 2000 (asp 4);

• (c) the estate of the solicitor is sequestrated;

• (d) a solicitor grants a trust deed for behoof of creditors;

• (e) a judicial factor is appointed on the estate of the solicitor under section 41;

any practising certificate for the time being in force of that solicitor shall cease to have effect, and he shall be suspended from practice as a solicitor.

• (1ZA) The Council may suspend from practice a solicitor who—

• (a) has been convicted of an offence involving dishonesty, or

• (b) in respect of an offence, has been—

• (i) fined an amount equivalent to level 4 on the standard scale or more (whether on summary or solemn conviction), or

• (ii) sentenced to imprisonment for a term of 12 months or more.

• (1A) If—

• (a) an administration or winding up order, or an appointment of a provisional liquidator, liquidator, receiver or judicial factor has been made in relation to the incorporated practice; or

• (b) a resolution has been passed for the voluntary winding-up of an incorporated practice (other than a resolution passed solely for the purpose of reconstruction or amalgamation of the incorporated practice with another incorporated practice),

the recognition under section 34(1A) of the incorporated practice shall be thereby revoked.

• (2) On the occurrence of any of the circumstances mentioned in. . . subsection (1) or (1ZA) , the solicitor in question shall intimate those circumstances to the Council in writing immediately.

• (3) On the occurrence of the cirumstances mentioned in paragraphs (d) or (e) of subsection (1) the trustee or as the case may be the judicial factor shall intimate his appointment to the Council in writing immediately.

• (3A) On the occurence of the circumstances mentioned in—

• (a) paragraph (a) of subsection (1A), the administrator, provisional liquidator, liquidator, receiver or, as the case may be, judicial factor appointed in relation to the incorporated practice;

• (b) paragraph (b) of subsection (1A), the incorporated practice

shall immediately intimate that fact to the Council.

Further provisions relating to suspension of practising certificates

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