Solicitors (Scotland) Act 1980

• (3) On being satisfied by the solicitor or, as the case may be, incorporated practice that he or it has complied with the requirements of subsection (4) the Council, unless they are of the opinion that the solicitor or incorporated practice is liable to disciplinary proceedings under Part IV, shall terminate the suspension from practice of the solicitor or solicitors concerned and shall restore to him or them any practising certificates held by him or them for the practice year then current.

• (4) The requirements referred to in subsection (3) are—

• (a) to submit the account to the Auditor of the Court of Session for taxation together with all documents in the possession or control of the solicitor or incorporated practice which relate to the matters in respect of which the account was issued; and

• (b) to refund to the client a sum not less than the relevant amount.

• (5) The Council shall be entitled to be represented at a diet for taxation by virtue of subsection (4)(a) and to make representations to the Auditor of Court.

• (6) Where, on taxation of an account by virtue of subsection (4)(a), the amount due in respect of the account as taxed is the amount specified in the account as issued, the fee of the Auditor of Court shall be paid by the Council; but in any other case the fee shall be paid by the solicitor or, as the case may be, the incorporated practice.

• (7) In subsection (4)(b) “the relevant amount” is the amount (if any) by which the sum received by the solicitor or incorporated practice in respect of the account exceeds the amount due in respect of the account as taxed.

• (8) A solicitor may, within 21 days of receiving written notice of a decision of the Council under subsection (2) to withdraw his practising certificate, appeal to the Court against that decision; and on any such appeal the Court may give such directions in the matter, including directions as to the expenses of the proceedings before the Court, as it may think fit; and the order of the Court shall be final.

• (9) The withdrawal of a solicitor’s practising certificate under subsection (2) shall be without prejudice to the operation of section 35(3) or section 37(8).

• (10) The Council shall notify the Commission of any case—

• (a) where any of the following things occur—

• (i) they withdraw a practising certificate under subsection (2);

• (ii) they terminate a suspension from practice and restore a practising certificate under subsection (3);

• (iii) the Court makes an order under subsection (8); and

• (b) which does not involve a complaint remitted to the Council under section 6(2)(a) or 15(5)(a) of the 2007 Act.

Offence for solicitors to act as agents for unqualified persons.

42ZA

• (1) Where a conduct complaint suggesting unsatisfactory professional conduct by a practitioner who is a solicitor is remitted to the Council under section 6(2)(a) or 15(5)(a) of the 2007 Act, the Council must having—

• (a) investigated the complaint under section 47(1) of that Act and made a written report under section 47(2) of that Act;

• (b) given the solicitor an opportunity to make representations,

determine the complaint.

• (2) Where a complaint is remitted to the Council under section 53ZA, the Council—

• (a) must—

• (i) notify the solicitor specified in it and the complainer of that fact and that the Council are required to investigate the complaint as a complaint of unsatisfactory professional conduct;

• (ii) so investigate the complaint;

• (iii) having so investigated the complaint and given the solicitor an opportunity to make representations, determine the complaint;

• (b) may rely, in their investigation, on any findings in fact which the Tribunal makes available to them under section 53ZA(2) as respects the complaint.

• (3) Where the Council make a determination under subsection (1) or (2) upholding the complaint, they—

• (a) shall censure the solicitor;

• (b) may take any of the steps mentioned in subsection (4) which they consider appropriate.

• (4) The steps are—

• (a) where the Council consider that the solicitor does not have sufficient competence in relation to any aspect of the law or legal practice, to direct the solicitor to undertake such education or training as regards the law or legal practice as the Council consider appropriate in that respect;

• (b) subject to subsection (6), to direct the solicitor to pay a fine not exceeding £2,000;

• (c) where the Council consider that the complainer has been directly affected by the conduct, to direct the solicitor to pay compensation of such amount, not exceeding £5,000, as they may specify to the complainer for loss, inconvenience or distress resulting from the conduct.

• (5) The Council may, in considering the complaint, take account of any previous determination by them, the Tribunal or the Court upholding a complaint against the solicitor of unsatisfactory professional conduct or professional misconduct (but not a complaint in respect of which an appeal is pending or which has been quashed ultimately on appeal).

• (6) The Council shall not direct the solicitor to pay a fine under subsection (4)(b) where, in relation to the subject matter of the complaint, the solicitor has been convicted by any court of an act involving dishonesty and sentenced to a term of imprisonment of not less than 2 years.

• (7) Any fine directed to be paid under subsection (4)(b) above shall be treated for the purposes of section 211(5) of the Criminal Procedure (Scotland) Act 1995 (fines payable to HM Exchequer) as if it were a fine imposed in the High Court.

• (8) The Council shall intimate—

• (a) a determination under subsection (1) or (2);

• (b) any censure under subsection (3)(a);

• (c) any direction under subsection (4),

to the complainer and the solicitor specified in it by sending to each of them a copy of the determination, censure or, as the case may be, the direction and by specifying the reasons for the determination.

• (9) A solicitor in respect of whom a determination upholding a conduct complaint has been made under subsection (1) or (2), or a direction has been made under subsection (4) may, before the expiry of the period of 21 days beginning with the day on which the determination or, as the case may be, the direction is intimated to him, appeal to the Tribunal against the—

• (a) determination;

• (b) direction (whether or not he is appealing against the determination).

• (10) A complainer may, before the expiry of the period of 21 days beginning with the day on which a determination under subsection (1) or (2) not upholding the conduct complaint is intimated to him, appeal to the Tribunal against the determination.

• (11) Where the Council have upheld the conduct complaint but have not directed the solicitor under subsection (4)(c) to pay compensation, the complainer may, before the expiry of the period of 21 days beginning with the day on which the determination upholding the complaint is intimated to him, appeal to the Tribunal against the Council's decision not to make a direction under that subsection.

• (12) A complainer to whom the Council have directed a solicitor under subsection (4)(c) to pay compensation may, before the expiry of the period of 21 days beginning with the day on which the direction under that subsection is intimated to him, appeal to the Tribunal against the amount of the compensation directed to be paid.

• (13) The Scottish Ministers may by order made by statutory instrument—

• (a) amend subsection (4)(b) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

• (b) after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (4)(c) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

• (14) A statutory instrument containing an order under—

• (a) subsection (13)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

• (b) subsection (13)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

• (15) In this section, “complainer” means the person who made the complaint and, where the complaint was made by the person on behalf of another person, includes that other person.

42ZB

• (1) The Council shall, by notice in writing, require every solicitor who is specified in—

• (a) a direction made under section 42ZA(4); or

• (b) such a direction as confirmed or varied on appeal by—

• (i) the Tribunal; or

• (ii) the Court,

to give, before the expiry of such period being not less than 21 days as the notice specifies, an explanation of the steps which he has taken to comply with the direction.

• (2) Where an appeal is made under section 42ZA(9) or (12) or 54A(1) or (2) against a direction made under section 42ZA(4), any notice under subsection (1)(a) above relating to the direction shall cease to have effect pending the outcome of the appeal.

42ZC

• (1) Where the Council receive a report from the Commission under section 10(2)(e) of the 2007 Act as respects a practitioner who is a solicitor, they may direct him to undertake such education or training as regards the law or legal practice as the Council consider appropriate in the circumstances.

• (2) The Council shall by notice in writing—

• (a) intimate a direction under subsection (1) to the solicitor;

• (b) require the solicitor to give, before the expiry of such period being not less than 21 days as the notice specifies, an explanation of the steps which he has taken to comply with the direction.

• (3) Where an appeal is made under section 42ZD(1) or (3) against a direction under subsection (1), any notice under subsection (2)(b) relating to the direction shall cease to have effect pending the outcome of the appeal.

42ZD

• (1) A solicitor in respect of whom a direction has been made under section 42ZC(1) may, before the expiry of the period of 21 days beginning with the day on which it is intimated to him, appeal to the Tribunal against the direction.

• (2) On an appeal to the Tribunal under subsection (1), the Tribunal may quash, confirm or vary the direction being appealed against.

• (3) The solicitor may, before the expiry of the period of 21 days beginning with the day on which the Tribunal's decision under subsection (2) is intimated to him, appeal to the Court against the decision.

• (4) On an appeal to the Court under subsection (3), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses.

• (5) A decision of the Court on an appeal under subsection (3) shall be final.

42A

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42B

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42C

• (1) Where the Council are satisfied that it is necessary for them to do so for the purpose of investigating a complaint made to them or remitted to them by the Tribunal alleging—

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

• (b) the failure of an incorporated practice to comply with any provision of this Act or of rules made under this Act applicable to that practice; or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Council may give notice in writing in accordance with subsection (2) . . . to the incorporated practice . . . .

• (2) A notice under subsection (1) may require—

• (a) the production or delivery to any person appointed by the Council, at a time and place specified in the notice, of all documents to which this section applies which are in the possession or control of the . . . incorporated practice and relate to the matters to which the complaint relates (whether or not they relate also to other matters); and

• (b) an explanation, within such period, not being less than 21 days, as the notice may specify, from the . . . incorporated practice regarding the matters to which the complaint relates.

• (3) This section applies to the following documents—

• (a) all books, accounts, deeds, securities, papers and other documents in the possession or control of . . . the incorporated practice;

• (b) all books, accounts, deeds, securities, papers and other documents relating to any trust . . . of which the incorporated practice or one of its employees is a sole trustee or of which the practice is a co-trustee only with one or more of its employees.

.

• (4) Part II of Schedule 3 shall have effect in relation to the powers conferred by subsection (1) to require the production or delivery of documents as it has effect in relation to the powers conferred by sections . . . , 45 and 46, but with the following modifications—

• (a) for the references in that Part to sections . . . , 45 and 46 there shall be substituted references to this section; and

• (b) for the reference in paragraph 5(1) in that Part to a person failing to produce or deliver documents immediately on being required by the Council to do so there shall be substituted a reference to a person failing to produce or deliver the documents within the time specified in the notice under subsection (1) of this section.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules as to professional practice, conduct and discipline.

53ZA

• (1) Where, after holding an inquiry under section 53(1) into a complaint of professional misconduct against a solicitor, the Tribunal—

• (a) is not satisfied that he has been guilty of professional misconduct;

• (b) considers that he may be guilty of unsatisfactory professional conduct,

it must remit the complaint to the Council.

• (2) Where the Tribunal remits a complaint to the Council under subsection (1), it may make available to the Council any of its findings in fact in its inquiry into the complaint under section 53(1).

53ZB

• (1) On an appeal to the Tribunal under section 42ZA(9) the Tribunal—

• (a) may quash or confirm the determination being appealed against;

• (b) if it quashes the determination, shall quash the censure accompanying the determination;

• (c) may quash, confirm or vary the direction being appealed against;

• (d) may, where it considers that the solicitor does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Tribunal considers appropriate in that respect;

• (e) may, subject to subsection (5), fine the solicitor an amount not exceeding £2000;

• (f) may, where it considers that the complainer has been directly affected by the conduct, direct the solicitor to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct.

• (2) On an appeal to the Tribunal under section 42ZA(10) the Tribunal—

• (a) may quash the determination being appealed against and make a determination upholding the complaint;

• (b) if it does so, may, where it considers that the complainer has been directly affected by the conduct, direct the solicitor to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct;

• (c) may confirm the determination.

• (3) On an appeal to the Tribunal under section 42ZA(11) the Tribunal may, where it considers that the complainer has been directly affected by the conduct, direct the solicitor to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct.

• (4) On an appeal under section 42ZA(12) the Tribunal may quash, confirm or vary the direction being appealed against.

• (5) The Tribunal shall not direct the solicitor to pay a fine under subsection (1)(e) where, in relation to the subject matter of the complaint, the solicitor has been convicted by any court of an act involving dishonesty and sentenced to a term of imprisonment of not less than 2 years.

• (6) Any fine directed to be paid under subsection (1)(e) above shall be treated for the purposes of section 211(5) of the Criminal Procedure (Scotland) Act 1995 (fines payable to HM Exchequer) as if it were a fine imposed in the High Court.

• (7) A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in favour of the Council bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

• (8) The Scottish Ministers may by order made by statutory instrument—

• (a) amend subsection (1)(e) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

• (b) after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(f) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

• (9) A statutory instrument containing an order under—

• (a) subsection (8)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

• (b) subsection (8)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

• (10) In this section, “complainer” has the same meaning as in section 42ZA.

53ZC

Where a solicitor fails to comply with a direction given by the Council under section 42ZA(4) (including such a direction as confirmed or varied on appeal by the Tribunal or, as the case may be, the Court) before the expiry of the period specified in the notice relating to that direction given to him under section 42ZB(1), or such longer period as the Council may allow, the direction shall be enforceable in like manner as an extract registered decree arbitral in favour of the Council bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

Unqualified persons not entitled to fees, etc.

53A

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53B

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53C

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53D

• (1) Where, in accordance with rules made under this Act, the Council suspend or withdraw an investment business certificate or impose conditions or restrictions on it the solicitor, firm of solicitors or incorporated practice to whom it was issued may, within 21 days of the date of intimation of the decision of the Council, appeal to the Tribunal against that decision.

• (2) On an appeal to the Tribunal under subsection (1) the Tribunal may quash, confirm or vary the decision being appealed against.

• (2A) The solicitor, firm of solicitors or, as the case may be, the incorporated practice may, before the expiry of the period of 21 days beginning with the day on which the decision of the Tribunal under subsection (2) is intimated to him or, as the case may be, it, appeal to the Court against the decision.

• (2B) The Council may, before the expiry of the period of 21 days beginning with the day on which the decision of the Tribunal under subsection (2) is intimated to them, appeal to the Court against the decision.

• (2C) On an appeal under subsection (2A), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses.

• (2D) A decision of the Court under subsection (2C) shall be final.

54A

• (1) A solicitor in respect of whom a decision has been made by the Tribunal under section 53ZB(1), (2), (3) or (4) may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to him, appeal to the Court against the decision.

• (2) A complainer may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53ZB to which this subsection applies is intimated to him, appeal to the Court against the decision.

• (3) Subsection (2) applies to the following decisions of the Tribunal under section 53ZB—

• (a) a decision under subsection (1)(a) quashing the Council's determination upholding the complaint;

• (b) a decision under subsection (1)(c) quashing or varying a direction by the Council that the solicitor pay compensation;

• (c) a decision under subsection (1)(f) directing the solicitor to pay compensation;

• (d) a decision under subsection (2)(b) not to direct the solicitor to pay compensation;

• (e) a decision under subsection (2)(c) confirming the Council's decision not to uphold the complaint;

• (f) a decision under subsection (3) confirming the Council's decision not to direct the solicitor to pay compensation;

• (g) a decision under subsection (4) quashing the Council's direction that the solicitor pay compensation or varying the amount of compensation directed to be paid.

• (4) On an appeal under subsection (1) or (2), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses.

• (5) A decision of the Court under subsection (4) shall be final.

• (6) In this section, “complainer” has the same meaning as in section 42ZA.

55A

• (1) In the case of unsatisfactory professional conduct by a solicitor the Court may—

• (a) fine the solicitor an amount not exceeding £2000;

• (b) where it considers that the complainer has been directly affected by the conduct, direct the solicitor to pay compensation of such amount, not exceeding £5,000, as it may specify to the complainer for loss, inconvenience or distress resulting from the conduct;

• (c) find the solicitor liable in any expenses which may be involved in the proceedings before it.

• (2) A decision of the Court under subsection (1) shall be final.

• (3) The Scottish Ministers may by order made by statutory instrument—

• (a) amend subsection (1)(a) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

• (b) after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(b) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

• (4) A statutory instrument containing an order under—

• (a) subsection (3)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

• (b) subsection (3)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

• (5) In this section, “complainer” has the same meaning as in section 42ZA.

56A

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59A

• (1) Subject to subsections (2) and (3), the Council may, if they think fit, make rules for regulating in respect of any matter the admission, enrolment and professional practice of notaries public.

• (2) The Council shall, before making any rules under this section—

• (a) send to each notary public a draft of the rules; and

• (b) take into consideration any representations made by any notary public on the draft.

• (3) Rules made under this section shall not have effect unless the Lord President, after considering any representations the Lord President thinks relevant, has approved the rules so made.

• (4) If a notary public fails to comply with any rule made under this section that failure may be treated as professional misconduct or unsatisfactory professional conduct on the part of the solicitor who is the notary public.

60A

• (1) Subject to the provisions of this section, solicitors and incorporated practices may enter into multi-national practices with registered foreign lawyers.

• (2) The Council shall maintain a register of foreign lawyers, and may make rules with regard to registration; and, without prejudice to the generality of the foregoing, such rules may include provision as to—

• (a) the manner in which applications for registration are to be made;

• (aa) the information which shall accompany such applications;

• (b) the fees payable in respect of such applications;

• (c) conditions which may be imposed in respect of registration; and

• (d) the period for which any such registration is to run.

• (3) Section 34(2) and (3) apply to rules made under subsection (2) as they apply to rules made under that section.

• (4) A foreign lawyer may apply to the Council to be registered as such for the purposes of—

• (a) subsection (1); or

• (b) having an interest in a licensed legal services provider as a solicitor investor within the meaning given by section 67(6) of the 2010 Act.

• (4ZA) Where an application is made under subsection (4), the Council are to enter the lawyer’s name on the register of foreign lawyers if they are satisfied that the legal profession of which the applicant is a member is so regulated as to make it appropriate for the applicant to be registered for those purposes.

• (4A) Any person may inspect the register of foreign lawyers during office hours without payment.

• (4B) A registered foreign lawyer who wishes his name to be removed from the register of foreign lawyers may make an application to the Council in that behalf, and the Council shall, if the registered foreign lawyer satisfies the Council that he has made adequate arrangements with respect to the business that he has then in hand, remove the name of that foreign lawyer from the register of foreign lawyers.

• (4C) On an application to the Council by a foreign lawyer whose name has been removed from the register of foreign lawyers under subsection (4B), the Council may, after such inquiry as they think proper, restore the name of the foreign lawyer to the register of foreign lawyers.

• (4D) A foreign lawyer whose name has been removed (other than pursuant to an application made under subsection (4B)) from the register of foreign lawyers shall have his name restored to that register only 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.

• (4E) Rules made by the Tribunal under section 52 (procedure on complaints to the Tribunal) may–

• (a) regulate the making, hearing and determining of applications under subsection (4D); and

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

• (4F) Where, following an application under subsection (4), the Council decide not to enter the name of a foreign lawyer in the register of foreign lawyers the applicant may, within three months of the notification to him of the Council’s decision (or later with the permission of the court), appeal to the court against the decision and, on such an appeal, the court may–

• (a) order the Council to register the foreign lawyer;

• (b) refuse the appeal; or

• (c) remit the matter to the Council with such directions as it sees fit.

• (4G) Sections 24A to 24G (registration certificates for registered European lawyers) shall apply to registered foreign lawyers as they apply to registered European lawyers and any reference in those sections (as so applied) to a registration certificate shall be construed as a reference to a registration certificate for a registered foreign lawyer.

• (5) Subject to subsection (6), the Secretary of State may by order made by statutory instrument provide that any enactment or instrument—

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

• (b) having effect in relation to solicitors; and

• (c) specified in the order,

shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.

• (6) Before making any order under subsection (5), the Secretary of State shall consult the Council.

• (7) An order under subsection (5) may provide for an enactment or instrument to have effect with respect to registered foreign lawyers subject to such additions, omissions or other modifications as the Secretary of State specifies in the order.

• (8) No order shall be made under subsection (5) unless a draft of the order has been approved by both Houses of Parliament.

Qualifications for practising as a solicitor.

61A

• (1) Subject to the provisions of this section, and without prejudice to—

• (a) section 32(1)(i) of the Sheriff Courts (Scotland) Act 1971; or

• (b) section 5(h) of the Court of Session Act 1988,

where a solicitor and his client have reached an agreement in writing as to the solicitor’s fees in respect of any work done or to be done by him for his client it shall not be competent, in any litigation arising out of any dispute as to the amount due to be paid under any such agreement, for the court to remit the solicitor’s account for taxation.

• (2) Subsection (1) is without prejudice to the court’s power to remit a solicitor’s account for taxation in a case where there has been no written agreement as to the fees to be charged.

• (3) A solicitor and his client may agree, in relation to a litigation undertaken on a speculative basis, that, in the event of the litigation being successful, the solicitor’s fee shall be increased by such a percentage as may, subject to subsection (4), be agreed.

• (4) The percentage increase which may be agreed under subsection (3) shall not exceed such limit as the court may, after consultation with the Council, prescribe by act of sederunt.

62A

• (1) Without prejudice to the Society’s entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor or incorporated practice in respect of whom it has taken action under section . . . 45, or 46, any expenditure reasonably incurred by it in so doing.

• (2) Expenditure incurred in taking action under section . . . 45 or 46 is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and—

• (a) no application has been made in consequence under paragraph 5(4) of that Schedule; or

• (b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.

64A

• (1) Before considering any rule—

• (a) made under section 25A(4) or (5)...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary of State shall send a copy of the proposed rule in question to the CMA .

• (2) The CMA shall consider whether the rule in question would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.

• (3) When the CMA has completed its consideration, the CMA shall give such advice to the Secretary of State as it thinks fit.

• (4) The CMA may publish advice given under subsection (3).

• (5) The CMA shall, so far as practicable, exclude from anything published under subsection (4) any matter—

• (a) which relates to the affairs of a particular person; and

• (b) the publication of which would, or might in the CMA's opinion, seriously and prejudicially affect the interests of that person.

• (6) For the purposes of the law of defamation, the publication of any advice or report by the CMA under this section shall be absolutely privileged.

64B

When he has received advice under section 64A(3) in relation to a rule made under section 25A(4) or (5) ..., the Secretary of State may, having considered—

• (a) that advice;

• (b) whether the interests of justice require that there should be such a rule; and

• (c) in relation to a rule made under section 25A(5), any relevant practice obtaining in the sheriff court,

approve or refuse to approve the rule.

64C

• (1) For the purpose of investigating any matter under section 64A, the CMA may by notice in writing—

• (a) require any person to produce to the CMA or to any person appointed by the CMA for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—

• (i) are in that person’s custody or under that person’s control; and

• (ii) relate to any matter relevant to the investigation; or

• (b) require any person carrying on any business to furnish to the CMA (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.

• (2) A person shall not be required under this section to produce any document or disclose any information which he would be entitled to refuse to produce or disclose on the grounds of confidentiality between a client and his professional legal adviser in any civil proceedings.

• (2A) A notice under this section may be issued on the CMA's behalf by any member of the CMA Board.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64CA

• (1) The court may, on an application by the CMA , enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under section 64C(1).

• (2) An application under subsection (1) shall include details of the possible failure which the CMA considers has occurred.

• (3) In enquiring into a case under subsection (1), the court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.

• (4) Subsections (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in subsection (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with a notice under section 64C(1).

• (5) The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.

• (6) Where the defaulter is a body corporate or is a partnership constituted under the law of Scotland, the court may punish any director, officer or (as the case may be) partner of the defaulter as it would have been able to punish that director, officer or partner had he been guilty of contempt of court.

64CB

• (1) A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under section 64C(1).

• (2) A person who commits an offence under subsection (1) shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

64D

• (1) Without prejudice to the power of the Council to review any rule made by them, where the Secretary of State has approved a rule under section 64B he may, and if so requested by the Lord President shall, require the Council to review its terms.

• (2) When they have reviewed a rule following a requirement made under subsection (1), the Council may revise the rule in the light of that review, and shall then submit the rule as revised or, if they have not revised it, as previously approved to the Lord President and the Secretary of State.

• (3) Where the Lord President and the Secretary of State are agreed that the terms of the rule as submitted to them are satisfactory, the Secretary of State shall approve the rule, and may direct the Council to bring it into force as soon as is practicable.

• (4) Where either the Secretary of State or the Lord President is of the view that any rule, as submitted to them, is not satisfactory, but they do not agree as to what the terms of the rule should be, the rule shall continue to have effect as previously approved.

• (5) Where the Secretary of State and the Lord President agree both that any rule submitted to them under subsection (2) is not satisfactory, and as to what the terms of the rule should be, the Secretary of State may direct the Council—

• (a) to amend the rule in such manner as he and the Lord President consider appropriate; and

• (b) to bring the rule, as so amended, into force as soon as is practicable.

• (6) The provisions of sections 64A and 64B apply to rules submitted to the Secretary of State under this section as they apply to rules submitted to him under section 25A(9) or (10) .

6A

The subscription payable under paragraph 6 by a practising member (or the proportion of it so payable, calculated by reference to the number of months remaining in the practice year) shall be paid at the time of submission of his application for a practising certificate.

7A

The Society shall have power, subject to paragraphs 7B to 7D, to impose in respect of any year a special subscription on all members of the Society of such amount and payable at such time and for such specified purposes as it may determine.

7B

The Society may determine that an imposition under paragraph 7A shall not be payable by any category of member or shall be abated as respects any category of member.

7C

An imposition under paragraph 7A or a determination under that paragraph or paragraph 7B may be made only in general meeting.

7D

No imposition may be made under paragraph 7A above unless a majority of those members voting at the general meeting at which it is proposed has, whether by proxy or otherwise, voted in favour of its being made.

Exemption from liability for damages

11A

Neither the Society nor any of its officers or servants shall be liable in damages for anything done or omitted in the discharge or purported discharge of its functions unless the act or omission is shown to have been in bad faith.

4

Subject to section 7(3), the Council may charge such reasonable fees (including an annual fee payable by enrolled solicitors) as they may fix in connection with the keeping of the roll.

PART 1 — The Scottish Solicitors Guarantee Fund

Contributions by Solicitors

Contributions by registered European lawyers

1A

• (1) Subject to the provisions of this paragraph, paragraph (1) above shall apply to registered European lawyers as it applies to solicitors and references to a practising certificate shall include references to a registered European lawyer’s registration certificate.

• (2) Where a registered European lawyer can prove that–

• (a) he is covered by a guarantee provided in accordance with the professional rules of his home State or Switzerland, in the case of a Swiss lawyer within the meaning of regulation 7(2) of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019; and

• (b) the guarantee is equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund,

then to the extent that there is such equivalence that lawyer shall be exempt from the requirements of paragraph (1).

• (3) Where the equivalence under sub paragraph (2) is only partial, the Society may specify the guarantee obligations a registered European lawyer is required to meet to comply with paragraph (1).

• (4) Subparagraphs (2), (6) and (8) of paragraph (1) shall not apply.

• (5) For the purposes of this paragraph the words “home State" have the same meaning as provided for in regulation 2 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 as that regulation has effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer's Practice (EU Exit) (Amendment etc.) (Scotland) Regulations 2019.

Contributions by registered foreign lawyers

1B

• (1) Subject to the provisions of this paragraph, paragraph 1 above shall apply to registered foreign lawyers as it applies to solicitors and in that paragraph as so applied references to a practising certificate shall be construed as references to a registered foreign lawyer’s registration certificate.

• (2) Where a registered foreign lawyer can prove that–

• (a) he is covered by a guarantee provided in accordance with the rules of the legal profession of which he is a member; and

• (b) the guarantee is equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund,

then to the extent that there is such equivalence that lawyer shall be exempt from the requirements of paragraph 1.

• (3) Where the equivalence referred to in sub paragraph (2) is only partial, the Society may specify the guarantee obligations a registered foreign lawyer is required to meet to comply with paragraph 1.

• (4) The Council may, where it is satisfied that any acts or defaults on the part of a registered foreign lawyer would not result in a grant being made from the Guarantee Fund held under section 43, exempt that lawyer from the requirements of paragraph 1.

• (5) Sub paragraphs (2), (6) and (8) of paragraph 1 shall not apply to registered foreign lawyers.

Investment etc.

Insurance

Grants

1A

The Tribunal shall consist of equal numbers of—

• (a) members (in this Part referred to as “solicitor members”) appointed by the Lord President, who are solicitors recommended by the Council as representatives of the solicitors' profession throughout Scotland; and

• (b) members (in this Part referred to as “non-lawyer members”) appointed by the Lord President after consultation with the Scottish Ministers, who are not—

• (i) solicitors;

• (ii) advocates;

• (iii) conveyancing practitioners or executry practitioners, within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) (“the 1990 Act”);

• (iv) persons exercising a right to conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act.

1B

The validity of any proceedings of the Tribunal is not affected by a vacancy in membership of the Tribunal nor by any defect in the appointment of a member.

1C

The Scottish Ministers may by order made by statutory instrument amend paragraph 1 so as to vary the maximum number of members of the Tribunal.

1D

A statutory instrument containing an order made under paragraph 1C is subject to annulment in pursuance of a resolution of the Scottish Parliament.

8A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14A

In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than—

• (a) the solicitor against whom the complaint was made; or

• (b) his partners; or

• (c) his or their families,

but where they so refrain they shall publish their reasons for so doing.

18A

Without prejudice to paragraph 18, the Council shall ensure that a copy of every decision published under paragraph 14 is open for inspection at the office of the Society during office hours by any person without payment of any fee.

Appeals

23

The foregoing provisions of Part II of this Schedule shall apply in relation to an appeal to the Tribunal under section 42ZA(9), (10), (11) or (12), section 42ZD(1). . . or section 53D(1) as they apply in relation to a complaint, but with the following modifications—

• (a) for references to a complaint (except in paragraph 14A) there shall be substituted references to an appeal;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) paragraphs . . . 9 and 10 shall not apply;

• (ca) in paragraph 11, for the words “complainer and respondent” there shall be substituted “ parties to the appeal ”;

• (cb) in paragraph 12—

• (i) for the words “the complainer or the respondent” there shall be substituted “ any party to the appeal ”;

• (ii) for the word “respondent” where it second appears there shall be substituted “ solicitor, the firm of solicitors or, as the case may be, the incorporated practice ”;

• (iii) for the words “complainer and to the respondent” there shall be substituted “ parties to the appeal ”;

• (cc) in paragraph 14A(a), after the word “complaint” there shall be inserted “ (as respects which the appeal was made) ”;

• (cd) in paragraph 15, for the words “respondent, the complainer and, as the case may be, the person who made the complaint as respects which the appeal was made to the Tribunal” there shall be substituted “ parties to the appeal and, if the person who made the complaint as respects which the appeal was made was not a party to the appeal, to that person ”;

• (ce) in paragraph 16, after paragraph (e) there shall be inserted—

(ea) under section 42ZD(2); or (eb) under section 53ZB(1), (2), (3) or (4); or

; and

• (d) in paragraph 19, for the words from the beginning to “respondent” there shall be substituted The Tribunal may make such order as it thinks fit as to the payment by any party to the appeal;

24

Subject to Part IV, the Tribunal may dismiss an appeal without holding an inquiry if—

• (a) they are of the opinion that the appeal is manifestly ill-founded; or

• (b) the appellant fails to comply with any rule made under section 52.

25

The Tribunal shall give notice of the appeal to the solicitor, the firm of solicitors or, as the case may be, the incorporated practice, to the person who made the complaint in respect of which the appeal was made and, as the case may be, to the Council and shall enquire into the matter, giving the appellant and the complainer reasonable opportunity to make representations to the Tribunal.

Editorial notes

[^c20652021]: Act excluded (17.5.2004) by S.I. 1978/1910, art. 18(2) (as amended by The European Communities (Services of Lawyers) Amendment (Scotland) Order 2004 (S.S.I. 2004/186), arts. 1, 6); which affecting 1978 Order is revoked by S.S.I. 2019/127, regs. 1(1), 3(a) (with regs. 4, 5)

[^c20643081]: Words in s. 1(1) inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 12(a), 21(2)(3); S.S.I. 2003/384, art. 2

[^c20643101]: Words in s. 3(2) inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 12(b), 21(2)(3); S.S.I. 2003/384, art. 2

[^c20660171]: S. 3A(5)(a)(ad) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

[^c20660031]: Words in s. 3A(5) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(2)(a)(ii) (with s. 77); S.S.I. 2008/311, art. 2

[^c22549741]: Word in s. 3A(5)(b) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(2)(b)(i) (with s. 77); S.S.I. 2008/311, art. 2

[^c22549751]: Words in s. 3A(5)(b) repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(2)(b)(ii) (with s. 77); S.S.I. 2008/311, art. 2

[^c20643671]: S. 3A inserted (1.6.2003) by Council of the Law Society of Scotland Act 2003 (asp 14), ss. 1, 3

[^c20654861]: S. 6(1)(a) repealed (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49, Sch. 9 (with regs. 44-46)

[^c8118981]: Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2, 36:1), s. 56, Sch. 1 Pt. II para. 2(a), Sch. 4

[^c8118991]: S. 6(2) substituted (20.7.1992) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 37(1); S.I. 1992/1599, art.4, Sch. 2

[^c8119001]: S. 6(3A)(3B) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. II para. 2(b)

[^c8119011]: 1900 c. 14 (63 and 64 Vict).

[^c8119021]: S. 7(4) added by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 2

[^c8119061]: Words in s. 9 inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(2)(a); S.I. 1991/1252, art. 3, Sch.1

[^c8119081]: Words in s. 9 inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(2)(b); S.I. 1991/1252, art. 3, Sch. 1.

[^c8119131]: Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1)(2), Sch. 1 para. 4(a), Sch. 2

[^c8119141]: S. 10(1A) inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 4(b)

[^c8119151]: Words in s. 10(1A) inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(3)(a); S.I. 1991/1252, art. 3, Sch.1

[^c8119161]: Words in s. 10(1A) inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(3)(b); S.I. 1991/1252, art. 3, Sch.1

[^c8119171]: Ss. 11(2), 12 repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

[^c8119181]: Ss. 11(2), 12 repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

[^c8119201]: Ss. 12A-12D inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(2)

[^c8119211]: Ss. 12A-12D inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(2)

[^c8119221]: Ss. 12A-12D inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(2)

[^c8119191]: Ss. 12A-12D inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(2)

[^c8119231]: S. 15(2)(a) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2, 36:1), s. 56, Sch. 1 Pt. II para. 3, Sch. 4

[^c20654411]: Words in s. 15(2)(d) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(3)(a) (with s. 77); S.S.I. 2008/311, art. 2

[^c20654511]: Word in s. 15(2)(e) substituted (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 211, Sch. 20 para. 1(3)(a) (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

[^c20654431]: Words in s. 15(2)(i) repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(3)(b)(i) (with s. 77); S.S.I. 2008/311, art. 2

[^c20654461]: Words in s. 15(2)(i)(i) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(3)(b)(ii) (with s. 77); S.S.I. 2008/311, art. 2

[^c20654491]: Words in s. 15(2)(i)(ii) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(3)(b)(iii) (with s. 77); S.S.I. 2008/311, art. 2

[^c8119241]: S. 15(2)(j) and “; or” immediately preceding it inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 5

[^c20667331]: S. 15(2)(j) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(3)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

[^c8119251]: Words in s. 16(1) renumbered as s. 16(1)(a) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 1(a)

[^c8119261]: S. 16(1)(b) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 1(b)

[^c20654601]: Words in s. 18(1)(a) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 9(2)(a)

[^c20654621]: Words in s. 18(1)(a) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 9(2)(b)

[^c8119341]: Words in s. 18(1)(a) repealed (1.4.2002) by 2000 asp 4, s. 88(2)(3), Sch. 5 para. 15(a), Sch. 6; S.S.I. 2001/81, art. 3, Sch. 2

[^c8119351]: S. 18(1)(b) substituted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 15(b); S.S.I. 2001/81, art. 3, Sch. 2

[^c8119361]: S. 18(1A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 2(a)

[^c8119371]: Words repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

[^c8119381]: S. 18(3A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 2(b)

[^c8119391]: S. 19(2)(3) repealed by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(2), Sch. 2

[^c8119401]: S. 19(5A) inserted by Solicitors (Scotland) Act 1988 (c. 42, SIF 76:2), s. 6(1), Sch. 1 para. 6

[^c20654681]: Words in s. 19(5A) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 9(3)

[^c8119471]: Word in s. 20(1)(a) repealed (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 9; S.I. 1991/1252, art. 3, Sch. 1

[^c8119481]: S. 20(1)(ab) inserted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(4)(a); S.I. 1991/1252, art. 3, Sch.1

[^c8119491]: S. 20(2) substituted (3.6.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 Pt. II para. 29(4)(b); S.I. 1991/1252, art. 3, Sch.1

[^c20653041]: S. 20(2)(a)(ii) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 32(2); S.I. 2009/1604, art. 2

[^c20660291]: Words in s. 20(2) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(4), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3 (as amended by S.I. 2008/1591)

[^c20653001]: Words in s. 20(2) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(4) (with s. 77); S.S.I. 2008/311, art. 2

[^c8119511]: S. 21(3)(b) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. I para. 3(b)

[^c8119521]: S. 23A inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(4)

[^c20647081]: S. 23B inserted (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 3

[^c8119541]: Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

[^c8119551]: Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

[^c8119561]: Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

[^c20660491]: Word in s. 24C(2)(d) substituted (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 211, Sch. 20 para. 5(a) (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

[^c20660511]: S. 24C(2)(i) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(5)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3

[^c8119571]: Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

[^c8119581]: Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

[^c8119591]: Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

[^c20654641]: Words in s. 24F(1)(a) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 9(4)(a)

[^c20654701]: Words in s. 24F(1)(a) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 9(4)(b)

[^c20666391]: S. 24F(1)(b) repealed (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 77(2), 79, Sch. 2; S.S.I. 2007/334, art. 2, Sch. 2

[^c8119611]: Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

[^c20666441]: Words in s. 24G(4) repealed (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 77(2), 79, Sch. 2; S.S.I. 2007/334, art. 2, Sch. 2

[^c20654661]: Words in s. 24G substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 9(5)