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Solicitors (Scotland) Act 1933

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Year1933


Solicitors (Scotland) Act, 1933

(23 & 24 Geo. 5.) CHAPTER 21.

An Act to consolidate and amend the law relating to Solicitors and Notaries Public in Scotland.

[28th June 1933]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Constitution of General Council.

Part I.

Constitution of General Council.

S-1 Constitution of General Council.

1 Constitution of General Council.

1. For the purpose of regulating the admission and enrolment of solicitors a council to be known as ‘the General Council of Solicitors in Scotland’ shall be elected in accordance with the provisions of this Act.

S-2 Method of election of members of General Council.

2 Method of election of members of General Council.

(1) The General Council shall be elected in accordance with the provisions contained in the First Schedule to this Act by the societies or groups of societies mentioned in the Second Schedule to this Act, and shall consist of persons each of whom is a member of the society or of one of the societies forming the group by whom he is elected.

(2) Subject to the provisions of this Act, the General Council shall have power from time to time by resolution passed by a majority of not less than two-thirds of the members present at a meeting of which due notice specifying the intention to propose the resolution has been given or at any adjournment thereof (a ) to rescind, add to, or amend any of the provisions contained in the First Schedule to this Act; and (b ) to alter, amend, or rearrange the division into separate societies or groups of societies as set forth in the Second Schedule to this Act. A copy of every such resolution as foresaid shall within seven days be transmitted to the Lord President and such resolution shall not come into force until approved by him.

(3) Any society, not mentioned in the Second Schedule to this Act, may make application to the General Council for inclusion amongst the societies entitled to take part in the election of members of the General Council, and the General Council, after consideration of such application, may admit the society making application either separately or by grouping it with one or more societies or may refuse the application. Provided that the society so making application, or any society or societies included in the group to which the society making the application is added, shall have a right of appeal to the Lord President against the decision of the General Council. The decision of the Lord President shall be final.

S-3 Appointment of chairman and clerk.

3 Appointment of chairman and clerk.

3. The General Council shall appoint a chairman and vice-chairman from their number and also a clerk. The clerk shall not be a member of the General Council. The General Council shall regulate the place at which the business of the General Council shall be conducted.

S-4 Power to make regulations.

4 Power to make regulations.

4. Subject to the provisions of this Act the General Council may regulate their procedure in such way as they may from time to time think fit, and such regulations shall remain in force until altered by the General Council, notwithstanding any new election of members of the General Council. A copy of regulations made under this section or under section twelve of this Act and from time to time in force shall be forwarded by the clerk to the General Council to any solicitor at his request on payment of one shilling or such less sum as the General Council may fix.

S-5 Application of moneys paid to General Council.

5 Application of moneys paid to General Council.

5. All moneys paid to the General Council in pursuance of this Act shall be applied by the General Council in payment of the expenses and outlays from time to time incurred by them.

S-6 Authentication of regulations and other documents.

6 Authentication of regulations and other documents.

6. All rules, regulations, certificates, notices and other documents of the General Council may be signed on behalf of the General Council by the clerk or other officer approved by the General Council, and the production of a copy of any such rules, regulations, certificates, notices or other documents purporting to be signed by the clerk or such other officer shall be prima facie evidence of the due making thereof.

II Admission of Solicitors.

Part II.

Admission of Solicitors.

S-7 Admission, enrolment and powers of solicitors.

7 Admission, enrolment and powers of solicitors.

7. No person shall be admitted as a solicitor in Scotland except in accordance with the provisions of this Act or of an Order in Council made in pursuance of the Colonial Solicitors Act, 1900.

Every person who has been enrolled as a law agent shall be deemed to be admitted as a solicitor and, subject to the provisions of this Act with respect to stamp duty and subscribing the lists of solicitors directed to be kept by section twenty of this Act, every solicitor shall be entitled to practise in any court of law in Scotland.

S-8 Commissioners of Inland Revenue not to issue certificates except to qualified persons.

8 Commissioners of Inland Revenue not to issue certificates except to qualified persons.

8. The Commissioners of Inland Revenue and their officers shall, before issuing any stamped certificate under and in terms of the Stamp Act, 1891, to any person applying for the same who has not previously had issued to him a like certificate, require evidence that such person has been admitted as a solicitor.

S-9 Provisions as to the qualification of applicants for admission as solicitors.

9 Provisions as to the qualification of applicants for admission as solicitors.

9. With respect to the qualifications for admission as solicitors under this Act the following provisions shall have effect:—

(i) An applicant for admission must be at least twenty-one years of age, and must, except in the cases aftermentioned, have bon fide served an apprenticeship of five years with a practising solicitor.

(ii) An apprenticeship must be served under indenture, which shall be recorded in the register of probative writs of the county in which the same is entered into, and shall be intimated to the registrar by the master within six months after the date fixed for the commencement of the apprenticeship, and any assignation of such indenture shall be intimated to the registrar within six months after its date.

(iii)When from necessary or reasonable cause the whole period of apprenticeship under an indenture is not completed with the master therein named, the remainder of the period may be completed with another qualified master. On the death of the master before the completion of an apprenticeship the apprentice may enter into a second indenture with another master and serve with him the period required to complete the apprenticeship.

(iv) A master may permit his apprentice to serve any part of his term, not exceeding two years, with another qualified master.

(v)In the following cases, an applicant for admission shall be qualified if he shall have served an apprenticeship as aforesaid for three years only, that is to say—
a ) if he be a person who for at least five years prior to the commencement of his apprenticeship was employed as a clerk to and was engaged under the superintendence of, a practising solicitor, in such business as is usually transacted by a solicitor, and submits to the General Council a certificate from such solicitor to that effect; or
b ) if at the date of the signing of his indenture of apprenticeship he was a person who held a degree in law or in arts granted after examination at an University in Great Britain or elsewhere recognised by the General Council, or if during the course of his apprenticeship he obtains a degree in law recognised for the purpose by the General Council; or
c ) if he be a member of the Faculty of Advocates; or
d ) if he be a person who has been called to the degree of Utter Barrister in England; or
e ) if he be a person who has been admitted and enrolled as a solicitor in England
S-10 Apprentices before admission to make affidavit of having served.

10 Apprentices before admission to make affidavit of having served.

10. Every applicant for admission shall, before he is admitted as a solicitor according to this Act, make affidavit that he has bona fide served an apprenticeship to a qualified master or masters during the whole time required by this Act, and that he did not during any part of that time serve any master or masters other than those specified in the affidavit. The affidavit shall specify the time served with each master where there is more than one, and shall be produced to the General Council before they grant the certificate mentioned in the immediately succeeding section.

S-11 Certificate of General Council requisite for admission as a solicitor.

11 Certificate of General Council requisite for admission as a solicitor.

11. Subject to the provisions of sections fourteen and fifteen of this Act and to the exemptions allowed by this Act, or by regulations made under the authority thereof, an applicant for admission shall not be admitted as a solicitor unless, on the occasion of his application, he has obtained from the General Council a certificate to the effect that he has fulfilled all the conditions anent admission as a solicitor in terms of this Act, and that he is to the best of their knowledge and belief a fit and proper person to be admitted as a solicitor.

S-12 Examinations to be held under management of General Council.

12 Examinations to be held under management of General Council.

(1) In order to test the suitability and qualifications of applicants for admission, the General...

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