Solicitors in the Supreme Courts of Scotland (Amendment) Act 2021
Solicitors in the Supreme Courts of Scotland (Amendment) Act 2021
2021 asp 2
An Act of the Scottish Parliament to amend the Solicitors in the Supreme Courts of Scotland Act 1871 in order to abolish the offices of librarian and fiscal; to rename the Widows’ Fund as the Dependents’ Fund and to make further provision as regards persons entitled to the benefit of that fund; to make new provision for members of the Society to resign; and to give the Society new powers including to close the Dependents’ Fund completely or close it to new members, to create new categories of membership, or to wind up the Society; and for connected purposes.
[20 January 2021]
1 Amendment of the 1871 Act
(1) The Solicitors in the Supreme Courts of Scotland Act 1871 (in this Act referred to as “the 1871 Act”) is amended as follows.
(2) In section 2 (interpretation of terms), the existing provisions become subsection (1) of the section and after that subsection insert—
(2) With all necessary modifications, this Act applies in respect of—
(a)
(a) a widower or surviving civil partner as it applies in respect of a widow; and
(b)
(b) a civil partnership as it applies in respect of a marriage.”.
(3) In section 8(1) (office-bearers), the words “, librarian, fiscal” are repealed.
(4) In section 11 (quorum and chairman at meetings), the existing provisions become subsection (1) of the section and after that subsection insert—
(2) Subsection (1) of this section is without prejudice to any such provision as to a voting threshold as is referred to in section 52B(5) of this Act.”.
(5) In section 29 (termination of membership)—
(a)
(a) in subsection (1)(a), the words “on a report by the fiscal of the Society, or” are repealed,
(b)
(b) in subsection (1)(b), for the words “widows’ fund”, in both places in which they occur, substitute “Dependents’ Fund”,
(c)
(c) after subsection (1), insert—
(1A) A member may resign at any time from the Society for personal reasons unconnected with disciplinary matters or retirement.”.
(6) In section 31, for the words “Widows’ Fund” substitute “Dependents’ Fund”.
(7) The title of section 31 becomes “ Property of Dependents’ Fund etc.”.
(8) The title of section 34 becomes “ Sum to be paid to Dependents’ Fund from admission dues”.
(9) In section 41 (annuities to widows), for subsection (5) substitute—
(6) In the event of a claim for an annuity based on a period of cohabitation with a contributor, the Council may decide the claim on the whole facts and circumstances of the relationship between the deceased member and the claimant.”.
(10) In section 42 (annuities to minor children if no widow of contributor), the word “lawful” is repealed.
(11) In section 44(1), for the words “widows’ fund” substitute “Dependents’ Fund”.
(12) The title of section 44 becomes “ Investigations of affairs of Dependents’ Fund”.
(13) In section 45(2) (dates of actuarial investigation and reports), for the words “widows’ fund” substitute “Dependents’ Fund”.
(14) In section 47(1) (power to alter annuities), for the words “widows’ fund” substitute “Dependents’ Fund”.
(15) In section 51 (investment of funds), for the words “widows’ fund” substitute “Dependents’ Fund”.
(16) After section 51, insert—
51A
“51A. Dependents Fund: additional powers
(1) The Society may, by resolution, close the Dependents’ Fund completely.
(2) The Society may, by resolution, close that fund to persons becoming members of the Society after a date specified in the resolution.
(3) If the fund is closed under subsection (1) of this section, any person who is an annuitant at, or who but for that closure would have become an annuitant after, the date of closure, shall be offered such lump sum or other payment as seems reasonable to the Council as settlement for loss of the future benefits of being an annuitant.
(4) After all such payments as are mentioned in subsection (3) of this section have been made, any residual money shall be transferred from the fund to the Society, to be accounted for as part of the Society’s assets.
(5) Any proceedings under subsection (1) or (2) of this section may be commenced only after—
(a)
(a) an actuarial investigation has taken place on the instruction of the Council and the results of that investigation have been circulated to all members of the Society;
(b)
(b) in the case of—
(i) proceedings under subsection (1) of this section, the Council has...
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