Solicitors (Scotland) Act 1980

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Solicitors (Scotland) Act 1980

An Act to consolidate certain enactments relating to solicitors and notaries public in Scotland.

[1 st August 1980]

Be it enactedby 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 IOrganisation

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 IIRight to Practise as a Solicitor

Qualifications and Training

4 Qualifications for practising as solicitor

—No person shall be qualified to practise as a solicitor unless—

(a) he has been admitted as a solicitor; and

(b) his name is on the roll; and

(c) subject to section 24 , he has in force a certificate issued by the Council in accordance with the provisions of this Part authorising him to practise as a solicitor (referred to in this Act as a "practising certificate ").

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 ;

(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

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) T...

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