43 Guarantee Fund

Protection of Clients

43  Guarantee Fund

(1)     There shall be a fund to be called “The Scottish Solicitors Guarantee Fund” (in this Act referred to as “the Guarantee Fund”), which shall be vested in the Society and shall be under the control and management of the Council.

(2)     Subject to the provisions of this section and of Schedule 3 the Guarantee Fund shall be held by the Society for the purpose of making grants in order to compensate persons who in the opinion of the Council suffer pecuniary loss by reason of dishonesty on the part of

[(a)]     any solicitor [or registered European lawyer] in practice in the United Kingdom, or any employee of such a solicitor [or registered European lawyer] in connection with the practice of the solicitor [or registered European lawyer], whether or not he had a practising certificate in force when the act of dishonesty was committed, and notwithstanding that subsequent to the commission of that act he may have died or had his name removed from or struck off the roll or may have ceased to practise or been suspended from practice[; or

[(aa)     any conveyancing or executry practitioner or an employee of the practitioner in connection

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