Solicitors (Scotland) Act 1980

[^key-38ea0553917e125372e71d1ee587776b]: Words in s. 53(3A)(b) substituted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 208(6)(b), 219(1)(2)(b) (with s. 208(8)); S.I. 2024/269, reg. 2(z62)

[^key-f473878d27e2b60964f73dcecee71195]: S. 33BA inserted (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 89(4), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-c4d2f41ef9e089517562de6f6116e8ea]: S. 33D inserted (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 89(5), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-e6d6796c95b952fb879190b53fa41137]: Words in s. 26(2) substituted (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 89(2), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-b418c1cfd8b20ae1763773868698f4b3]: S. 32(2B)(c) inserted (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 89(3), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-7e159fa6f59d84fb32206f3e9be6769b]: Words in s. 65(1) inserted (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 89(6), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

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

Further provisions relating to suspension of practising certificates.

Further provisions relating to suspension of registration certificate

Rights of practising.

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

Offence for solicitors to act as agents for unqualified persons.

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Qualifications for practising as a solicitor.

Further provisions relating to suspension of practising certificates.

Rules as to professional practice, conduct and discipline.

Guarantee Fund

Unqualified persons not entitled to fees, etc.

Unsatisfactory professional conduct: Council's powers

Further provisions relating to suspension of registration certificate

Guarantee Fund

Accounts rules.

Professional indemnity.

Restriction on employing solicitor struck off or suspended.

Charge for expenses out of property recovered.

Accounts rules.

Unqualified persons not entitled to fees, etc.

Privilege of incorporated practices from disclosure etc.

Unsatisfactory professional conduct: Council's powers

Guarantee Fund

Restriction on employing solicitor struck off or suspended.

Professional indemnity.

Remission of complaint by Tribunal to Council

Inadequate professional services: powers of Tribunal.

Privilege of incorporated practices from disclosure etc.

Accounts rules.

Transitional and savings provisions, and repeals.

1A

The Society may—

• (a) act as an approved regulator within the meaning of Part 2 of the 2010 Act,

• (b) do anything that is necessary or expedient for the purposes of doing so.

Regulatory committee

3B

• (1) The Council must, for the purpose mentioned in subsection (2)—

• (a) arrange under section 3A(1)(a) for their regulatory functions to be exercised on their behalf by a regulatory committee, and

• (b) ensure that the committee continues so to exercise those functions (in particular, for the discharge of the Council's responsibility as mentioned in section 3A(9)(a)).

• (2) The purpose is of ensuring that the Council's regulatory functions are exercised—

• (a) independently of any other person or interest,

• (b) properly in other respects (in particular, with a view to achieving public confidence).

• (3) Accordingly, the Council must not—

• (a) exercise their regulatory functions through any other means, or

• (b) interfere unduly in the regulatory committee's business.

• (4) Subsection (3)(a) is subject to—

• (a) any determination made by the regulatory committee in a particular case that it is necessary, for ensuring that something falling within the Council's regulatory functions is achieved appropriately, that specific action be taken otherwise than through the regulatory committee, and

• (b) such directions as the regulatory committee gives the Council (acting in any other capacity) in connection with the determination.

3C

• (1) The following particular rules apply as respects the regulatory committee—

• (a) the committee's membership may include persons who are not members of the Council,

• (b) at least 50% of the committee's membership is to comprise lay persons,

• (c) lay persons, where they are not members of the Council, are appointable to the committee if they would be appointable to the Council as non-solicitor members (see paragraph 3A(3) of Schedule 1),

• (d) the committee is to appoint one of its lay members as its convener,

• (e) if the convener is not present at a meeting of the committee, another of its lay members is to chair the meeting.

• (2) Any sub-committee of the regulatory committee (formed under section 3A(2)(a)) is subject to the particular rules applying as respects the regulatory committee, except that—

• (a) a meeting of the sub-committee need not be chaired by one of its lay members,

• (b) it may co-opt members from outside the membership of the regulatory committee.

• (3) Nothing done by the regulatory committee (or a sub-committee of it) is invalid solely because of a temporary shortfall in the number of its lay members.

• (4) In subsection (1)(b), “lay persons” are persons who are not—

• (a) solicitors,

• (b) advocates,

• (c) conveyancing or executry practitioners as defined in section 23 of the 1990 Act,

• (d) those having a right to conduct litigation, or a right of audience, by virtue of section 27 of the 1990 Act, or

• (e) confirmation agents or will writers within the meaning of Part 3 of the 2010 Act.

3D

• (1) This section applies in relation to any dispute arising between the regulatory committee and the Council (acting in any other capacity) with respect to the application of section 3B.

• (2) If the dispute cannot be settled by the parties, it is to be submitted to (and resolved by) arbitration.

• (3) The arbitrator is to be appointed—

• (a) jointly by the parties, or

• (b) in the absence of agreement for joint appointment, by the Lord President on a request made by either (or both) of them.

• (4) The arbitrator's resolution of the dispute is final and binding on the parties.

3E

• (1) The Scottish Ministers may by regulations—

• (a) prescribe a maximum—

• (i) number of members that the regulatory committee, or any sub-committee of it, may have,

• (ii) proportion of the membership (of either) that may comprise co-opted members,

• (b) make further provision about the Council's regulatory functions if they believe that such provision is necessary for ensuring that those functions are exercised in accordance with the purpose stated in section 3B(2),

• (c) modify (by elaboration or exception) the definition in sections 3F and 3G if they believe that such modification is appropriate.

• (2) Before making regulations under subsection (1), the Scottish Ministers must consult the Council (and take account of sections 4 and 5 of the 2010 Act).

• (3) The power to make regulations under subsection (1) is exercisable by statutory instrument; but—

• (a) a statutory instrument containing regulations under subsection (1)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament,

• (b) a statutory instrument containing regulations under subsection (1)(b) or (c) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Parliament.

3F

• (1) For the purposes of sections 3B to 3E, the Council's “regulatory functions” are their functions of regulating in respect of any matter the professional practice, conduct and discipline of—

• (a) solicitors (including firms of solicitors) and incorporated practices,

• (b) other legal practitioners, for example—

• (i) registered European or foreign lawyers,

• (ii) conveyancing or executry practitioners.

• (2) Those functions include (in particular) their functions as to—

• (a) setting standards of qualification, education and training,

• (b) admission of persons to the profession,

• (c) keeping the roll and other registers,

• (d) administering the Guarantee Fund,

• (e) making regulatory rules under any relevant enactment.

• (3) In subsection (1)(b)(ii), the reference to conveyancing or executry practitioners is to be construed in accordance with section 23 of the 1990 Act.

3G

If the Society acts as an approved regulator as mentioned in section 1A, the Council's “regulatory functions” for the purposes of sections 3B to 3E also comprise such regulatory functions as—

• (a) fall within the meaning of that expression as given for the purposes of Part 2 of the 2010 Act (by section 30(1) of that Act), and

• (b) are exercisable under that Part of that Act by the Society in its capacity as an approved regulator as so mentioned.

Further provisions relating to suspension of practising certificates.

Further provisions relating to suspension of registration certificate

Rights of practising.

Offence for solicitors to act as agents for unqualified persons.

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

Unqualified persons not entitled to fees, etc.

Unsatisfactory professional conduct: Council's powers

Guarantee Fund

Professional indemnity.

Restriction on employing solicitor struck off or suspended.

Remission of complaint by Tribunal to Council

Inadequate professional services: powers of Tribunal.

Protection of banks.

Solicitors fees.

Citation, extent and commencement.

1C

• (1) Paragraph 1 applies to a conveyancing or executry practitioner as it applies to a solicitor.

• (2) But it does so with the following of its provisions to be disregarded—

• (a) the reference in sub-paragraph (1) to an application for a practising certificate,

• (b) sub-paragraphs (2), (2A), (6) and (9).

• (3) If a conveyancing or executry practitioner fails to pay an annual contribution due by virtue of this paragraph, the Council may suspend (pending payment) the relevant entry in the register maintained by them under section 17(1) or 18(1) of the 1990 Act.

• (4) For the purposes of section 43 and this paragraph, the references to a conveyancing or executry practitioner (or conveyancing or executry services) are to be construed in accordance with section 23 of the 1990 Act.

5

• (1) If under section . . . 45 or 46 any person (whether a solicitor or not) having possession or control of any documents mentioned in that section refuses or fails to produce or deliver them immediately on being required by the Council to do so or to cause them to be so produced or delivered, the Council may apply to the Court for an order requiring that person to produce or deliver the documents or to cause them to be produced or delivered to the person appointed at the place fixed by the Council within such time as Court may order.

• (2) Upon taking possession of any such documents which have been produced or delivered to the Council, the Council shall serve upon the solicitor or incorporated practice mentioned in section . . . 45 or 46, and every such person, a notice giving particulars and the date on which they took possession.

• (3) Every requirement made or notice given under section . . . 45 or 46 or under this Part of this Schedule shall be in writing under the hand of such person as may be appointed by the Council for the purpose and may be served either personally or by registered letter or by letter sent by recorded delivery service addressed to the last known place of business or residence of the person to whom the requirement is made or notice given.

• (4) Within 14 days after service of a notice under sub-paragraph (2) the person upon whom such notice has been served may apply to the Court for an order directing the Council to return such documents to the person from whom they were received by the Council or to such other person as the applicant may request and on the hearing of any such application the Court may make the order applied for or such other order as they think fit.

• (5) If no application is made to the Court under sub-paragraph (4) or if the Court on any such application directs that the documents in question remain in the custody or control of the Council, the Council may make enquiries to ascertain the person to whom they belong and may deal with the documents in accordance with the directions of that person.

37A

• (1) An annual accounts fee (the “accounts fee”) and an annual anti-money laundering fee (the “anti-money laundering fee”) are to be paid by each —

• (a) solicitor who is required by paragraph 1 of Schedule 3 (as read with section 43(7)) to pay an annual contribution on behalf of the Guarantee Fund,

• (b) incorporated practice that is required by that paragraph of that Schedule to pay an annual corporate contribution on that behalf.

• (2) The accounts fee and the anti-money laundering fee are also to be paid by each—

• (a) registered European lawyer or registered foreign lawyer who is required by virtue of paragraph 1A or 1B of that Schedule to pay an annual contribution on that behalf,

• (b) multi-national practice to which the accounts rules apply by virtue of an enactment.

• (3) The accounts fee is to be set by the Council for the purpose of funding the exercise of their function of securing compliance (by the categories specified in subsections (1) and (2)) with the accounts rules.

• (3A) The anti-money laundering fee is to be set by the Council for the purpose of funding the exercise of their functions of—

• (i) complying with the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017, and

• (ii) securing compliance (by the categories specified in subsections (1) and (2)) with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

• (4) The accounts fee and the anti-money laundering fee are to be—

• (a) set—

• (i) no later than 30 September each year in respect of the 12 month period beginning with 1 November that year, or

• (ii) by reference to such other dates as the Council may fix,

• (b) paid to the Council by such date as they may fix.

• (5) The accounts fee and the anti-money laundering fee may be set—

• (a) so as to involve different amounts (including nil) for different—

• (i) categories (as specified in subsections (1) and (2)),

• (ii) circumstances (by reference to all relevant factors),

• (b) in the case of incorporated practices, by particular reference to the number of solicitors that they have as directors, members or employees.

• (6) The Council may take such steps as they consider necessary for recovering the accounts fee and the anti-money laundering fee due in accordance with this section.

3A

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

• (2) Persons are electable, or eligible to be co-opted, as solicitor members if they are members of the Society.

• (3) Persons are appointable as non-solicitor members if they appear to the Council—

• (a) to be qualified to represent the interests of the public in relation to the provision of legal services in Scotland, or

• (b) having regard to the Society's functions, to be suitable in other respects.

33C

• (1) Subsection (2) applies to any rule made under section 34 which prohibits or unduly restricts the—

• (a) involvement of solicitors in or with, or employment of solicitors by, licensed legal services providers,

• (b) provision of services by licensed providers, or

• (c) operation of licensed providers in other respects.

• (2) The rule is of no effect in so far as it does so (and for this purpose it is immaterial when the rule was made).

• (3) The reference in subsection (1)(a) to solicitors does not include a solicitor who is disqualified from practice by reason of having been—

• (a) struck off (or removed from) the roll, or

• (b) suspended from practice.

Citation, extent and commencement.

Transitional and savings provisions, and repeals.

33BA

• (1) Any communication made to or by a law centre, a citizens advice body or a charity in the course of its providing legal services to a client will in any legal proceedings be privileged from disclosure in like manner as if the law centre, citizens advice body or charity (as the case may be) had at all material times been a solicitor providing legal services to a client.

• (2) Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained, will, with any necessary modifications, have effect in relation to a law centre, a citizens advice body or a charity in the course of its providing legal services to a client as it has effect in relation to a solicitor.

• (3) This section is without prejudice to any other enactment or rule of law concerning professional or other privilege from disclosure (in particular, as applicable in relation to a solicitor).

33D

• (1) Subsection (2) applies to any rule made under section 34 that prohibits or unduly restricts the—

• (a) involvement of solicitors in or with, or employment of solicitors by, law centres, citizens advice bodies or charities, or

• (b) provision of legal services by law centres, citizens advice bodies or charities.

• (2) The rule is of no effect in so far as it does so (and for this purpose it is immaterial when the rule was made).

• (3) The reference in subsection (1)(a) to solicitors does not include a solicitor who is disqualified from practice by reason of having been—

• (a) struck off (or removed from) the roll, or

• (b) suspended from practice.