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Solicitors (Scotland) (Restriction on Practice) Practice Rules 2001

Rules dated 28th September 2001, made by the Council of the Law Society of Scotland and approved by the Lord President of the Court of Session in terms of sections 1(3) and 34 of the Solicitors (Scotland) Act 1980.

1.—(1) These Rules may be cited as the Solicitors (Scotland) (Restriction
on Practice) Practice Rules 2001.

(2) These Rules shall come into force into operation on 30th November
2001.

2.—(1) In these Rules, unless the context otherwise requires:
‘‘the Act’’ means the Solicitors (Scotland) Act 1980;
‘‘the Council’’ means the Council of the Society;
‘‘solicitor’’ means any person enrolled as a solicitor in pursuance of the
Act;
‘‘principal’’ means a solicitor who is a sole practitioner or is a partner in
a firm of two or more solicitors or is a director of an incorporated
practice which is a company or a member of an incorporated
practice which is a limited liability partnership;
‘‘2001 Regulations’’ means the Admission as Solicitor (Scotland)
Regulations 2001;
‘‘2001 intrant’’ means a solicitor who has complied with the 2001
Regulations before being admitted;
‘‘the Society’’ means the Law Society of Scotland established under the
Act; and
‘‘unrestricted practising certificate’’ means practising certificate held by a solicitor free of conditions imposed in terms of section 15 or other relevant sections of the Act or any Regulations made thereunder, or by the Scottish Solicitors’ Discipline Tribunal or by the Court of Session.

(2) Words and expressions defined in the 2001 Regulations shall, unless the context otherwise requires, have the same meaning in these Rules.

(3) The Interpretation Act 1978 applies to these Rules as it applies to an Act of Parliament.

3.—(1) Subject as aforementioned, a solicitor shall not practise as a principal unless he has been employed as a solicitor for a cumulative period of three years, one year of which shall immediately precede his commencing practice as a principal.

(2) Rule 3(1) shall not apply if the solicitor, who commences practice as a principal:

(a) is assumed into and remains in partnership with at least one other solicitor who has practised as a principal for a period of not less that three years prior to the assumption into partnership of the solicitor;
(b) is appointed and remains a director of an incorporated practice which is a company having as one of its directors a solicitor who has practised as a principal for a period of not less than three years prior to the appointment of the solicitor as such director;

(c) becomes and remains a member of an incorporated practice which is a limited liability partnership having as one of its members a solicitor who has practised as a principal for a period of not less than three years prior to the solicitor becoming such a member.

(3) Subject to Rule 3(4), employment shall only be counted for the purpose of Rule 3(1) of at the time the solicitor held an unrestricted practising certificate.

(4) Employment that would otherwise have counted for the purpose of Rule 3(1) shall not be so counted if at the time—

(a) the solicitor was bound by an undertaking given pursuant to (Restriction on Practice) Rules 2001 F 337 Regulation 38(1) of the 2001 Regulations; or

(b) the solicitor was bound by any undertaking given pursuant to Regulation 38(2) of the 2001 Regulations.

(5) Notwithstanding any other provision in this Rule 3, a 2001 intrant shall not practise as a principal unless he has completed the Professional Competence Course, or is exempt therefrom, and passed the Test of Professional Competence, or is exempt therefrom.

(6) The provision of Rules 3(1) and (2) shall not apply to any solicitor
who commenced practice as a principal before the coming into operation of
these Rules.

4. Notwithstanding that he may hold a practising certificate, a 2001 intrant who has given any undertaking pursuant to Regulation 38(2) of the 2001 Regulations shall not after the last day of his service under his training contract practise as a solicitor or in any way hold himself out as entitled by law to practise as a solicitor while he is bound by any such undertaking.

5. The Council shall have power to waive any of the provisions of these Rules in any particular case or cases on cause shown and subject to such conditions as they may impose.

6. The Solicitors (Scotland) (Restriction on Practice as a Principal) Practice Rules 1996 are hereby revoked.

7. Breach of these rules may be treated as professional misconduct for the purposes of Part IV of the Act (Complaints and Disciplinary Proceedings).