Background Removal of certain practising restrictions Section 89 – Removal of practising restrictions: law centres, citizens advice bodies and charities
212.Subsection (2) of this section ensures that section 26(1) of the 1980 Act (offence for solicitors to act as agents for unqualified persons) does not apply to a solicitor, registered foreign lawyer, or registered European lawyer pursuing professional activities within the meaning of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 who is employed full-time on a fixed salary by a body corporate, a law centre, a citizens advice body, or a charity.
213.Subsection (3) ensures that section 32(1)(b) of the 1980 Act (offence for unqualified persons to prepare certain documents) does not apply to a person who is, by virtue of an act of sederunt made under section 32 (power of Court of Session to regulate civil procedure in the sheriff court) of the Sheriff Courts (Scotland) Act 1971, permitted to represent a law centre, a citizens advice body or a charity.
214.Subsection (4) inserts a new section 33BA into the 1980 Act (privilege of law centres, citizens advice bodies and charities from disclosure etc.). The new section ensures that communications involving communication between a law centre, a citizens advice body or a charity and a client has the same protection from disclosure in legal proceedings as would such communications between a solicitor and a client.
215.Subsection (5) inserts a new section 33D into the 1980 Act (practice rules relating to law centres, citizens advice bodies and charities). The new section disapplies any rule made by the Law Society under section 34 of the 1980 Act (rules as to professional practice, conduct and discipline) that prohibits or unduly restricts (i) the involvement of solicitors (who are authorised to provide legal services) in or with, or employment of such solicitors by, law centres, citizens advice bodies or charities, or (ii) the provision of legal services by such organisations.
216.Subsection (6) inserts a definition for “charity” into section 65(1) of the 1980 Act, to mean a body entered in the Scottish Charity Register.