Solicitors (Scotland) Act 1980

Section 1.

SCHEDULE 1The Law Society of Scotland

Constitution and Proceedings

1The Society shall be a body corporate with a common seal and may sue and be sued in its own name.

2The Council shall prepare a scheme providing for—

(a)the constitution, election, and proceedings of the Council;

(b)the meetings of the Society ;

(c)the appointment of a chairman, vice-chairman, secretary and other officers and employees of the Society ;

(d)the appointment and constitution of committees.

3The scheme prepared under paragraph 2—

(a)may make provision enabling the Council to admit as honorary members of the Society persons who have ceased to be practising solicitors, no such honorary member being entitled to vote at meetings of the Society or liable to pay an annual subscription;

(b)shall make provision for the admission on application made in that behalf and on payment of the annual subscription as a member of the Society of any solicitor who by virtue of the provisions of section 24 is exempted from taking out a practising certificate;

(c)may contain such other provisions with respect to the administration, management and proceedings of the Society as are considered necessary or proper and are consistent with the provisions of this Act.

4A scheme prepared under paragraph 2 shall have effect on being approved by a resolution passed by a majority of the members present in person or by proxy at a general meeting of the Society, or at an adjournment of such meeting.

5The Society may by a resolution passed by a majority consisting of not less than two-thirds of the members of the Society present in person or by proxy at a meeting of the Society of which due notice specifying the intention to propose the resolution has been given, or at any adjournment of such meeting, rescind, add to or amend any of the provisions of the scheme so approved.

Revenue

6Subject to paragraph 7, every member of the Society shall pay to the Society along with his application for a practising certificate such annual subscription as may be fixed from time to time by the Society in general meeting.

7The annual subscription payable by a solicitor in respect of the year in which he is first included in the roll of solicitors and in respect of each of the two years immediately following shall be one half of the amount of the annual subscription fixed under paragraph 6.

8Except as otherwise provided in this Act, the expenses of the Society shall be defrayed out of the subscriptions and other income received by the Society or the Council and out of other property belonging to the Society.

In this paragraph " expenses of the Society " includes the expenses of the Tribunal so far as not otherwise defrayed and any expenses incurred by the Council in the exercise of their functions under this Act, and the reasonable travelling and maintenance expenses of members of the Council or committees of the Council incurred in attending meetings of the Council or committees, or otherwise incurred in the business of the Society.

9Paragraph 8 does not affect any trust constituted for a special purpose.

Powers

10The Society may—

(a)purchase or otherwise acquire land for any of the purposes of this Act;

(b)sell, lease or otherwise dispose of land so acquired ;

(c)borrow for any of the purposes of this Act in such manner and on such security as they may determine ;

(d)invest any monies not immediately required to meet expenses and other outlays of the Society in any investment in which trustees in Scotland are by law authorised to invest (but nothing in this sub-paragraph prevents the investment of any monies forming any part of any property held in trust for a special purpose in any class of investment authorised by the deed constituting the trust) ;

(e)accept any gift of property for the purposes of the Society ;

(f)accept, hold and administer any gift of property or hold as trustees any property for any purpose which the Society consider to be for the benefit of solicitors in Scotland or their dependants or employees or any substantial body of such solicitors or dependants or employees ; and

(g)subject to the provisions of this Act exercise the functions formerly exercised by the General Council of Solicitors in Scotland.

11The Council may—

(a)act for and in the name of the Society in any matter other than a matter which in accordance with the provisions of this Schedule is to be determined by the Society in general meeting;

(b)without prejudice to any other powers they may have, take into consideration and make recommendations or representations with regard to any matters which are in their opinion of importance to solicitors in Scotland.

Attestation

12Any deed to which the Society are a party shall be held to be validly executed on behalf of the Society if it is sealed with the common seal of the Society and subscribed on behalf of the Society by two members of the Council and the secretary of the Society or other person appointed by the Council to act for the secretary without attestation by witnesses.