Solicitors (Scotland) Act 1980
Solicitors (Scotland) Act 1980
1980 CHAPTER 46
An Act to consolidate certain enactments relating to solicitors and notaries public in Scotland.
[1st August 1980]
Be it enacted by the Queen'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:—
Part I
Organisation
The Law Society of Scotland
1 Establishment and objects of Law Society of Scotland.
(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.
(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.
2 Membership of Society.
(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
3 Establishment and functions of Council of Law Society.
(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 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.
Part II
Right to Practise as a Solicitor
Qualifications and Training
4 Qualifications for practising as solicitor.
4.—No person shall be qualified to practise as a solicitor unless—
5 Training regulations.
(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
6 Admission as solicitor.
(1) Subject to the provisions of this section, no person shall be admitted as a solicitor in Scotland unless—
(a ) he is aged 21 years or over; and
(b ) he has satisfied the Council by affidavit or otherwise—
(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) If any person who has complied with the requirements of subsection (1) applies by petition to the Court for admission as a solicitor and produces the certificate mentioned in paragraph (b ) of that subsection, 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.
(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
7 Keeping the roll.
(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.
(3) Any person may inspect the roll during office hours without payment.
8 Entry in the roll.
(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 enrolment, 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.
9 Removal of name from roll on request.
9.—An enrolled solicitor who wishes his name 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 from the roll.
10 Restoration of name to roll on request.
(1) A solicitor whose name has been removed from the roll under section 9 or 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.
(2) Rules made by the Tribunal under section 52 may—
(a ) regulate the making, hearing and determining of applications under subsection (1);
(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.
11 Directions by Lord President.
(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) Schedule 2 shall have effect in relation to any such directions.
12 Power of Court to prescribe fees.
(1) Fees payable to the Council in respect of matters arising in connection with the keeping of the roll may be prescribed by rules of court.
(2) Fees payable under subsection (1) include an annual fee payable by enrolled solicitors in respect of the cost of keeping the roll.
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