Change 1 Article Choose an article Title and introductory text 1 Establishment and objects of Law Society of Scotland. 1A Power to act as statutory regulator 2 Membership of Society. 3 Establishment and functions of Council of Law Society. 3A Discharge of functions of Council of the Law Society 3B Regulatory committee 3C Particular rules applying 3D Resolving regulatory disputes 3E Further provision for section 3B etc. 3F Meaning of “regulatory functions” 3G Extended meaning under section 3F 4 Qualifications for practising as a solicitor. 5 Training regulations. 6 Admission as solicitor. 7 Keeping the roll. 8 Entry in the roll. 9 Removal of name from roll on request. 10 Restoration of name to roll on request. 11 Directions by Lord President. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12A Keeping the register 12B Information to be provided by registered European lawyers 12C Removal of name from register on request 12D Restoration of name to register on request 13 Applications for practising certificates. 14 Issue of practising certificate. 15 Discretion of Council in special cases. 16 Appeals from decisions of Council. 17 Date and expiry of practising certificates. 18 Suspension of practising certificates. 19 Further provisions relating to suspension of practising certificates. 20 Council’s duty to supply lists of solicitors holding practising certificates. 21 Consultants to hold practising certificates. 22 Evidence as to holding of practising certificates. 23 Offence to practise without practising certificate. 23A Professional misconduct for registered European lawyer to practise without a registration certificate 23B 24 Saving of public officials. 24A Applications for registration certificates 24B Issue of registration certificates 24C Discretion of Council in special cases 24D Appeals from decisions of Council 24E Date and expiry of registration certificate 24F Suspension of registration certificate 24G Further provisions relating to suspension of registration certificate 25 Rights of practising. 25A Rights of audience in the Court of Session, the Supreme Court, the Judicial Committee of the Privy Council and the High Court of Justiciary. 26 Offence for solicitors to act as agents for unqualified persons. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Offence for solicitors who are disqualified to seek employment without informing employer. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Liability for fees of other solicitor. 31 Offence for unqualified persons to pretend to be solicitor or notary public. 32 Offence for unqualified persons to prepare certain documents. 33 Unqualified persons not entitled to fees, etc. 33A Privilege of incorporated practices from disclosure etc. 33B 33BA Privilege of law centres, citizens advice bodies and charities from disclosure etc. 33C Licensed legal services providers 33D Practice rules relating to law centres, citizens advice bodies and charities 34 Rules as to professional practice, conduct and discipline. 35 Accounts rules. 36 Interest on client’s money. 37 Accountant’s certificates. 37A Accounts and anti-money laundering fees 38 Powers where dishonesty alleged. 39 Powers where delay alleged. 39A Powers where excessive fees etc charged. 40 Powers where failure to comply with accounts rules etc. 41 Appointment of judicial factor. 42 Distribution of sums in client bank account. 42ZA Unsatisfactory professional conduct: Council's powers 42ZB Unsatisfactory professional conduct: Council's powers to monitor compliance with direction under section 42ZA(4) 42ZC Report by Commission to Council under section 10(2)(e) of the 2007 Act: Council's powers 42ZD Direction under section 42ZC(2): appeal by practitioner 42A Powers where inadequate professional services alleged. 42B Inadequate professional services: Council’s powers to monitor compliance with directions. 42C Powers to examine documents and demand explanations in connection with complaints. 43 Guarantee Fund 44 Professional indemnity. 45 Safeguarding interests of clients of solicitor struck off or suspended. 45A Safeguarding interests of clients of an authorised legal business where authorisation suspended or withdrawn 46 Safeguarding interests of clients in certain other cases. 46A Safeguarding interests of clients in certain other cases 47 Restriction on employing solicitor struck off or suspended. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 The Tribunal. 51 Complaints to Tribunal. 52 Procedure on complaints and appeals to Tribunal. 53 Powers of Tribunal. 53ZA Remission of complaint by Tribunal to Council 53ZB Powers of Tribunal on appeal: unsatisfactory professional conduct 53ZC Enforcement of Council direction: unsatisfactory professional conduct 53A Inadequate professional services: powers of Tribunal. 53B Inadequate professional services: appeal to Tribunal against Council determination or direction. 53C Inadequate professional services: enforcement by Tribunal of Council direction. 53D Suspension etc. of investment business certificates: appeal to Tribunal. 54 Appeals from decisions of Tribunal. 54A Appeals from decisions of Tribunal: unsatisfactory professional conduct 55 Powers of Court 55A Powers of Court: unsatisfactory professional conduct 56 Saving for jurisdiction of courts. 56A Further provision as to compensation awards. 57 Admission and enrolment of solicitors as notaries public. 58 Removal from and restoration to register of names of notaries public. 59 Authority of notaries public to administer oaths, etc. 59A Rules regarding notaries public 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60A Registered foreign lawyers 61 Protection of banks. 61A Solicitors fees. 62 Charge for expenses out of property recovered. 62A Council’s power to recover expenses incurred under section. . . 45 or 46. 63 Penalties and time limit for prosecution of offences 64 Service of notices etc. 64A Advisory and supervisory functions of the Competition and Markets Authority . 64B Duty of Secretary of State. 64C Investigatory powers of the Competition and Markets Authority . 64CA Enforcement of notices under section 64C 64CB Altering, etc. documents required to be produced under section 64C 64D Review of rules approved by the Secretary of State. 65 Interpretation. 66 Transitional and savings provisions, and repeals. 67 Citation, extent and commencement. SCHEDULE 1 The Law Society of Scotland SCHEDULE 2 The Roll: Powers of the Council and Ancillary Provisions SCHEDULE 3 SCHEDULE 4 Constitution, Procedure and Powers of Tribunal SCHEDULE 5 SCHEDULE 6 Transitional and Savings Provisions SCHEDULE 7 Repeals
What to do with it
As published
64B Duty of Secretary of State.
When he has received advice under section 64A(3) in relation to a rule made under section 25A(4) or (5) ..., the Secretary of State may, having considered—
(a) that advice;
(b) whether the interests of justice require that there should be such a rule; and
(c) in relation to a rule made under section 25A(5), any relevant practice obtaining in the sheriff court,
approve or refuse to approve the rule.
Your wording
Your change, as a redline
64B Duty of Secretary of State.
When he has received advice under section 64A(3) in relation to a rule made under section 25A(4) or (5) ..., the Secretary of State may, having considered—
(a) that advice;
(b) whether the interests of justice require that there should be such a rule; and
(c) in relation to a rule made under section 25A(5), any relevant practice obtaining in the sheriff court,
approve or refuse to approve the rule.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.