PART II - Right to Practise as a Solicitor
Qualifications and Training
Qualifications for practising as solicitor
4. 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”).
Training regulations
5. (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;
(c) the passing of examinations.
(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
(c) may make different provisions for different circumstances.
Admission
Admission as solicitor
6. (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—
(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) Where—
(a) a person has complied with the requirements of subsection (1); but
(b) the Council have not lodged a petition for his admission as a solicitor within one month of his having so complied,
he may apply by petition to the court for admission as a solicitor; and if he produces the certificate mentioned in paragraph (b) of subsection (1) 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
(3A) The Council may petition of an applicant who has complied above; and, where it does so it shall lodge the petition not later than one month after the applicant has first so complied.
(3B) The Court shall, on a petition being made to it under subsection (3A) above, make an order admitting the applicant 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 the 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.
