Solicitors (Scotland) Act 1988
After section 42 of the Solicitors (Scotland) Act 1980 (in this Act referred to as “the 1980 Act”) there shall be inserted the following sections—
After section 42B of the 1980 Act (inserted in that Act by the preceding section of this Act) there shall be inserted the following section—
After section 53 of the 1980 Act there shall be inserted the following sections—
After section 39 of the 1980 Act there shall be inserted the following section—
“inadequate professional services” means professional services which are in any respect not of the quality which could reasonably be expected of a competent solicitor, and cognate expressions shall be construed accordingly; and references to the provision of inadequate professional services shall be construed as including references to not providing professional services which such a solicitor ought to have provided;
In this Act “the 1980 Act” means the Solicitors (Scotland) Act 1980.
The 1980 Act shall have effect subject to the amendments specified in Schedule 1 to this Act, being minor amendments and amendments consequential on the provisions of this Act.
The enactments mentioned in the second column of Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Sections 1 and 3 of, and paragraph 14(a) of Schedule 1 to, this Act do not apply to services provided by a solicitor before the date of commencement of this Act unless the provision of those services in connection with a particular matter continues after that date.
This Act may be cited as the Solicitors (Scotland) Act 1988.
This Act shall come into force at the end of the period of six months beginning with the day on which it is passed.
This Act extends to Scotland only.
Section 6(1).
The Solicitors (Scotland) Act 1980 shall be amended in accordance with the following provisions of this Schedule.
At the end of section 7 (keeping of roll of solicitors by the Council), there shall be added the following subsection—
In section 9 (removal of name from roll of solicitors on request), for the words from “—(a)” to “satisfying the Tribunal” there shall be substituted the words “ on the solicitor satisfying the Council ”.
In section 10 (restoration of name to roll of solicitors on request)—
in subsection (1), the words “whose name has been removed from the roll under section 9 or” shall cease to have effect; and
after subsection (1) there shall be inserted the following subsection—
; or
After subsection (5) of section 19 (further provisions relating to suspension of practising certificates) there shall be inserted the following subsection—
In section 32(1)(b) (offence for unqualified person to draw or prepare writ relating to legal proceedings), for the words “legal proceedings” there shall be substituted the words “ action or proceedings in any court ”.
In section 33(b) (unqualified persons not entitled to fees, etc), the words “gives legal advice or” shall cease to have effect.
In section 35(1)(a) (accounts rules), after the words “subsection (2)” there shall be inserted the words “ or with a building society ”.
In section 36 (interest on client’s money)—
in subsection (1)(a), after the word “bank” in the first place where it occurs there shall be inserted the words “ or with a building society ”; and
in subsection (3), after the word “account” in the second place where it occurs there shall be inserted the words “ at a bank or with a building society ”.
In section 38(2)(b) (powers of Council where dishonesty alleged), for the word “it” in the second place where it occurs there shall be substituted the word “ its ”.
In section 40(1) (powers of Council where accounts rules etc not complied with), after the words “incorporated practice” in the third place where they occur there shall be inserted the words “ has failed or ”.
In section 41(a) (appointment of judicial factor), the words “to a material extent” shall cease to have effect.
In section 51 (complaints to Tribunal)—
in subsection (2), after the words “applicable to it” there shall be inserted the words “ or a solicitor or an incorporated practice may have provided inadequate professional services ”;
in subsection (3), after paragraph (e) there shall be added the following paragraph—; and
after subsection (3) there shall be added the following subsection—
In section 52(2) (rules of Tribunal), after paragraph (a) there shall be inserted the following paragraph—.
In section 53 (powers of Tribunal in relation to complaints)—
; or
after subsection (3) there shall be inserted the following subsection—;
after subsection (6A) there shall be inserted the following subsections—;
in subsection (7)—
for the words “or (6A)” there shall be substituted the words “ , (6A) or (6B) ”; and
after the words “(6A)” in the second place where they occur there shall be inserted the words “ or (6B) ”;
after subsection (7) there shall be inserted the following subsection—; and
in subsection (8)—
after the word “amend” there shall be inserted “ —(a) ”; and
at the end there shall be added the following paragraph—
After section 53C (inserted by section 3 of this Act) there shall be inserted the following section—
In section 57(5) (fees for admission and enrolment of solicitors as notaries public), for the words from “fees” to the end there shall be substituted the words “ reasonable fees as the clerk may fix ”.
In section 61 (protection of banks in transactions with solicitors), after the word “bank” in each place where it occurs there shall be inserted the words “ or building society ”.
In section 65(1) (interpretation)—
“building society” means a building society within the meaning of the Building Societies Act 1986;
in the definition of “client account”, after the words “savings account” there shall be inserted the words “ at a bank or with a building society ”.
In Schedule 1 (constitution and proceedings of the Law Society of Scotland), in paragraph 7D for the words “entitled to attend and vote” there shall be substituted the word “ voting ”.
In Schedule 2 (provisions regarding maintenance of roll of solicitors)—
in paragraph 1, the words “The Lord President may authorise” shall cease to have effect and after the word “practicable” there shall be inserted the words “ shall have power ”; and accordingly in the heading to the Schedule, for the words “DIRECTIONS BY THE LORD PRESIDENT” there shall be substituted the words “ POWERS OF THE COUNCIL ”; and
after paragraph 3 there shall be added the following paragraph—.
In Schedule 4 (constitution, procedure and powers of Tribunal)—
and
after paragraph 8 there shall be inserted the following paragraph—;
in paragraph 9, in each of sub-paragraphs (a)(i) and (b), after the word “Act” in the second place where it occurs there shall be inserted the words “ or, as the case may be, of provision of inadequate professional services ”;
in paragraph 16—
; or
after the word “appeal” in the first place where it occurs there shall be inserted the words “ (if any) ”;
for “(e)” in the second place where it occurs there shall be substituted “ (h) ”; and
after the words “53(6)” there shall be inserted the words “ or (6B) ”; and
after paragraph 22 there shall be added the following—
In paragraph 9 of Schedule 6 (saving for non-qualified person to conduct certain proceedings), for the words “legal proceedings” there shall be substituted the words “ action or proceedings in any court ”.
Section 6(2). 1980 c. 46. The Solicitors (Scotland) Act 1980. In section 10(1), the words “whose name has been removed from the roll under section 9 or”. Section 11(2). Section 12. In section 18(2), the words “paragraphs (c), (d) or (e) of”. Section 19(2) and (3). In section 33(b), the words “gives legal advice or”. In section 35(1)(b)(i), the words from “designated” to “1959”. In section 36(1)(aa), the word “designated”. In section 41(a), the words “to a material extent”. In section 42(3)(a), the word “designated”. In section 57(4), the words “and the fees to be paid”. Section 60. In section 65(1), the definition of “designated building society”. In Schedule 2, in paragraph 1, the words “The Lord President may authorise”. 1980 c. 55. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980. Section 25(c).