Solicitors (Scotland) Act 1980
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Change 1
26 Offence for solicitors to act as agents for unqualified persons.
(1) Any solicitor to whom this subsection applies who or incorporated practice which upon the account or for the profit of any unqualified person— (a) acts as agent in any action or proceedings in any court, or (b) permits or suffers his or, as the case may be, its name to be made use of in any way in any such action or proceedings; or (c) subject to subsection (4), draws or prepares any writ to which section 32 applies, or (d) subject to subsection (4), permits or suffers his or, as the case may be, its name to be made use of in the drawing or preparing of any such writ; or (e) does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public, knowing that person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence. (2) Subsection (1) applies to any solicitor , registered foreign lawyer or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000, not being a solicitor , registered foreign lawyer or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000who is employed full-time on a fixed salary by a body corporate or employed by a law centre, a citizens advice body or a charity. (3) In this section “person” includes a body corporate but “unqualified person” does not include a licensed legal services provider, an incorporated practice , registered foreign lawyer, multi national practice or a registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000. (4) Subsection (1)(c) and (d) shall not apply in relation to— (a) writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or (b) papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23. (5) In this section, any reference to the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 is to those Regulations as they have effect by virtue of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.
26 Offence for solicitors to act as agents for unqualified persons.
(1) Any solicitor to whom this subsection applies who or incorporated practice which upon the account or for the profit of any unqualified person— (a) acts as agent in any action or proceedings in any court, or (b) permits or suffers his or, as the case may be, its name to be made use of in any way in any such action or proceedings; or (c) subject to subsection (4), draws or prepares any writ to which section 32 applies, or (d) subject to subsection (4), permits or suffers his or, as the case may be, its name to be made use of in the drawing or preparing of any such writ; or (e) does any other act to enable that person to appear, act or practise in any respect as a solicitor or notary public, knowing that person not to be a qualified solicitor or notary public, as the case may be, shall be guilty of an offence. (2) Subsection (1) applies to any solicitor , registered foreign lawyer or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000, not being a solicitor , registered foreign lawyer or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000who is employed full-time on a fixed salary by a body corporate or employed by a law centre, a citizens advice body or a charity. (3) In this section “person” includes a body corporate but “unqualified person” does not include a licensed legal services provider, an incorporated practice , registered foreign lawyer, multi national practice or a registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000. (4) Subsection (1)(c) and (d) shall not apply in relation to— (a) writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 23 (interpretation of sections 16 to 22) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or (b) papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 23. (5) In this section, any reference to the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 is to those Regulations as they have effect by virtue of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.
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