The Registered European Lawyers (Rules of Professional Conduct) (Scotland) Rules 2001
Rules dated 25 May 2001 made by the Council of the Law Society of Scotland
under sections 5, 34(1), 35(1), 37(6) and 43 of, and Schedule 3 to, the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session
under section 4(3) of the said Act and with his concurrence under section 5(1)
of the said Act.
Title and Commencement
1. These rules may be cited as the Registered European Lawyers (Rules of
Professional Conduct) (Scotland) Rules 2001 and shall come into operation
on 1 July 2001.
Definitions and Interpretation
2.—(1) In these rules, unless the context otherwise requires:—
‘‘the Act’’ means the Solicitors (Scotland) Act 1980 as amended;
‘‘the Council’’ means the Council of the Society;
‘‘the Directive’’ means Directive No. 98/5/EC of the European
Parliament and Council to facilitate practice of the profession of
lawyer on a permanent basis in certain states other than the state in
which the professional qualification was obtained;
‘‘European lawyer’’ shall have the meaning given in paragraphs (2) and
(3) of the Principal Regulations;
‘‘the European Lawyers Regulations’’ means the European Lawyers
(Registration) (Scotland) Regulations 2001 made by the Council
and dated 25 May 2001;
‘‘the PI Insurance Rules’’ means the Solicitors (Scotland) Professional
Indemnity Insurance Rules 1995 made by the Council and dated
31 March 1995;
‘‘the Practising Certificate Rules’’ means the Solicitors (Scotland)
Practising Certificate Rules 1988 made by the Council and dated
29 July 1988;
‘‘the Principal Regulations’’ means the European Communities (Lawyer’s
Practice) (Scotland) Regulations 2000 (SSI 2000 No. 121);
‘‘registered European lawyer’’ shall have the meaning given in section
65(1) of the Act;
‘‘rules of professional conduct’’ means rules, regulations, codes of
conduct and practice guidelines made or to be made, issued or to
be issued, or adopted or to be adopted by the Council or the
Society under any rule-making power contained in the Act or
delegated legislation or otherwise available to the Council or the
Society and as such rules, regulations, codes of conduct and
practice guidelines are in force from time to time and shall include,
without limiting the foregoing generality, rules, regulations, codes
of conduct and practice guidelines relating to professional practice,
conduct and discipline, accounts, accounts certificates, the Scottish
Solicitors Guarantee Fund, training or admission; and
‘‘the Society’’ means the Law Society of Scotland.
(2) The provisions of the Interpretation Act 1978 shall apply to the
interpretation of these rules as they apply to the interpretation of an Act of
Parliament.
(3) The headings to these rules do not form part of these rules.
Purpose of Rules
3. The purpose of these rules is to give further effect to Article 6(1) of the
Directive and to regulation 25 of the Principal Regulations. European Lawyers (Professional Conduct)
Applicability of Rules of Professional Conduct
4.—(1) A registered European lawyer shall be subject to the same rules of
professional conduct as a solicitor in Scotland.
(2) In particular, but without limiting the generality of paragraph (1) above, a
registered European lawyer shall be subject to the rules of professional
conduct as set out in the Schedule to these rules.
(3) Notwithstanding paragraph (1) above, a registered European lawyer shall
not be subject to the PI Insurance Rules or the Practising Certificate Rules
but shall instead be subject to the European Lawyers Regulations.
Construction of Rules of Professional Conduct
5.—(1) Subject to paragraph (2) below, and unless the contrary intention
is expressed in any such rule, references in any rule of professional conduct
to—
(a) ‘‘solicitors’’ shall include references to registered European lawyers;
(b) ‘‘a practising certificate’’ shall include references to a registered
European lawyer’s certificate of registration; and
(c) ‘‘the roll’’ shall include references to the register of European lawyers.
(2) In their application to registered European lawyers, the rules of
professionalconduct shall be construed subject to any contrary provision
contained in the Directive, the Principal Regulations or the European Lawyers Regulations.
SCHEDULE
Rule 4(2)
Rules of Professional Conduct
Rules and Regulations
1975: Solicitors (Scotland) Practice Rules
1981: Solicitors (Scotland) Practice Rules
1986: Solicitors (Scotland) Practice Rules
1989: Solicitors (Scotland) (Cross-border Code of Conduct) Practice Rules
1991: Solicitors (Scotland) Practice Rules
Solicitors (Scotland) (Multi-Disciplinary Practices) Practice Rules
1992: Solicitors (Scotland) Order of Precedence, Instructions and
Representation Rules
Solicitors (Scotland) (Admission with Extended Rights of Audience)
Rules
Code of Conduct (Scotland) Rules
1993: Solicitors (Scotland) (Continuing Professional Development) Regulations
Solicitors (Scotland) (Written Fee Charging Agreements) Practice
Rules
1994: Solicitors (Scotland) Investment Business Training Regulations
EC Qualified Lawyers Transfer (Scotland) Regulations
1995: Solicitors (Scotland) (Advertising and Promotion) Practice Rules
Scottish Solicitors’ Guarantee Fund Rules
1996: Solicitors (Scotland) (Restriction on Practice as a Principal) Practice
Rules
Solicitors (Scotland) (Associates, Consultants and Employees)
Practice Rules
1997: Solicitors (Scotland) Accounts Rules
Solicitors (Scotland) Accounts Certificate Rules
Solicitors (Scotland) Investment Business Compliance Certificate
Solicitors (Scotland) (Practice Management Course) Practice Rules
Solicitors (Scotland) (Conduct of Investment Business) Practice
Rules
2001: Admission as Solicitor (Scotland) Regulations
Solicitors (Scotland) (Incorporated Practices) Practice Rules
Codes of Conduct
1996: Code of Conduct for Criminal Work
1999: Code of Conduct for Scottish Solicitors
Practice Guidelines
1992: Law Society Guidelines for the Recruitment of Staff to Undertake
Investment Business
1994: Conflict of Interest in Commercial Security Transactions
1995: Guide to Professional Conduct and Ethics in Insolvency
1996: Law Society Guidance Notes on Exhibition of Title Deeds
1997: Law Society Guidance Notes to the Investment Business Rules and
Regulations
Law Society Guidance Notes on Capital Adequacy
Simple Guide to the Solicitors (Scotland) Accounts Rules 1997,
Solicitors (Scotland) Accounts Certificate Rules 1997, Money
Laundering Regulations 1993
Suggested List of Items that should be Special Areas of Concern to
Designated Cashroom Partners
Guidance on Retention/Destruction of Files and Records
1998:
and
1999
Law Society Guidelines on Retention of Funds
Law Society Guidelines on Faxed and E-Mail Documents
Law Society Guidelines on Property Schedules and Mortgage Advice
Service
Law Society Guidelines for Compliance with Continuing Professional
Development Regulations
Law Society Guidelines on Conflict of Interest
Law Society Guidelines on Confidentiality
Law Society Guidelines on Mandates in Executries
Law Society Guidelines on Conflict of Interest and Ranking
Agreements
Law Society Guidelines on Closing of Files
Law Society Guidelines on Terms of Business
Law Society Guidelines on Mandates
Law Society Guidelines on Avoidance of Delay in Concluding
Missives
Law Society Guidelines on Fixed Price Offers
Law Society Guidelines on Powers of Attorney
Law Society Guidelines on Acting for Separated Spouses
Law Society Guidelines on Comments to the Media by Solicitors
Law Society Guidelines on Sending Document to Unrepresented
Party for Signature
Law Society Guidelines on Settlement Cheques Sent to be Held as
Undelivered
Law Society Revised Guidelines on Closing Dates and Notes of
Interest
Law Society Guidelines on Duty to Lodge a Joint Minute and move
for decree
Law Society Guidelines on Conflict of Interest between Borrower
and Spouse
Law Society’s Risk Management Flowchart and Procedures
European Lawyers (Registration) 2001 The European Lawyers (Registration) (Scotland) Regulations 2001
The European Lawyers (Registration) (Scotland) Regulations 2001
dated 25 May 2001 made by the Council of the Law Society of
Scotland under regulation 16 of the European Communities
(Lawyer’s Practice) (Scotland) Regulations 2000 and section 24A
of the Solicitors (Scotland) Act 1980.
Title and Commencement
1. These regulations may be cited as the European Lawyers (Registration)
(Scotland) Regulations 2001 and shall come into operation on 1 July 2001.
Definitions and Interpretation
2.—(1) In these regulations, unless the context otherwise requires:—–
‘‘the Act’’ means the Solicitors (Scotland) Act 1980 as amended;
‘‘applicant’’ means a European lawyer who wishes to pursue professional
activities under his home professional title on a permanent
basis in Scotland and who wishes to apply pursuant to regulation
16 of the Principal Regulations to be entered on the register established and
maintained by the Society pursuant to regulation
15 of the Principal Regulations and section 12A of the Act; ‘‘certificate
of registration’’ means a certificate of registration in respect of a
registered European lawyer issued in accordance with the provisions
of the Act in, or substantially in, the form
set out in Schedule 1 to these regulations;
‘‘the Council’’ means the Council of the Society;
‘‘the Directive’’ means Directive No. 98/5/EC of the European
Parliament and Council to facilitate practice of the profession of lawyer on a
permanent basis in certain states other than the state in which the professional qualification was obtained;
‘‘European lawyer’’ shall have the meaning given in paragraphs (2) and
(3) of regulation 2 of the Principal Regulations;
‘‘the Guarantee Fund’’ means The Scottish Solicitors Guarantee Fund as
referred to in section 43 of the Act;
‘‘grouping’’ means any entity, whether or not having legal personality, formed
under the law of a Member State of the European
Community, within which lawyers pursue their professional activities jointly
under a joint name;
‘‘home State’’ shall have the meaning given in paragraph (1) of regulation 2
of the Principal Regulations;
‘‘home professional title’’ shall have the meaning given in paragraph (1) of
regulation 2 of the Principal Regulations;
‘‘lawyer’’ means a person who is a national of a Member State of the European Community and who is authorised to pursue his professional activities under
one of the professional titles referred
to in paragraph (4) of regulation 2 of the Principal Regulations;
‘‘principal’’ means a European lawyer or a registered European lawyer who is
a sole practitioner or a partner in a firm of lawyers or a member of an
incorporated practice of lawyers or of a grouping of lawyers;
‘‘the Principal Regulations’’ means the European Communities
(Lawyer’s Practice) (Scotland) Regulations 2000 (SSI 2000 No 21);
‘‘registered European lawyer’’ shall have the meaning given in section 65(1) of
the Act;
‘‘the Society’’ means the Law Society of Scotland; and
‘‘year’’ means the period of twelve months ending on 31 October.
(2) The provisions of the Interpretation Act 1978 shall apply to the interpretation
of these regulations as they apply to the interpretation of an Act of Parliament.
(3) The headings to these regulations do not form part of these regulations.
Purpose of Regulations
3. The purpose of the Principal Regulations is to implement the Directive in
Scotland. These regulations make provision in respect of applications for
registration with the Society by European lawyers pursuant to regulation 16
of the Principal Regulations and in respect of applications for, and the issue of,
certificates of registration for registered European lawyers pursuant to section
24A of the Act.
Application for Registration
4. An applicant shall apply in writing to the Society for registration by
completing (so far as applicable to him) and signing a form in, or
substantially in, the formset out in Schedule 2 to these regulations, and
by making payment of such fee(s)as the Council shall from time to
time prescribe.
Determination of Application
5. The Council shall determine an application pursuant to regulation 4 in
accordance with the Principal Regulations. Entry on Register and Issue of
Certificate of Registration to Applicant.
6. If the Council grants an application pursuant to regulation 4 it shall-
(a) cause the name of the applicant to be entered on the register of
European lawyers established and maintained by the Society
pursuant to regulation 15 of the Principal Regulations and section
12A of the Act; and
(b) subject always to the provisions of regulations 9 and 10, cause a
certificate of registration to be issued to the applicant.
Application for Certificate of Registration by Registered European Lawyer
7. A registered European lawyer who wishes to obtain a certificate of
registrationshall apply for the same by completing (so far as applicable
to him) and signing a form in, or substantially in, the form set out in
Schedule 2 to these regulationsand by making payment of such fee(s)
as the Council shall from time to time prescribe.
Issue of Certificate of Registration to Registered European Lawyer
8. Subject always to the provisions of regulations 9 and 10 and to the
provisionsof the Act and the Principal Regulations in respect of withdrawal
or suspension of registration the Council shall, on receipt of an application
pursuant to regulation7 which has been duly completed and signed, cause a certificate of registrationto be issued to the registered European lawyer
without delay.
Any such certificatemay, in accordance with the provisions of the Act,
and in particular section 24Cthereof, be issued subject to conditions.
Professional Indemnity Insurance
9. The Council shall not issue a certificate of registration to any applicant
making application pursuant to regulation 4 or to any registered European
lawyer making application pursuant to regulation 7 unless he provides,
along with his
application—
(a) evidence that a certificate of professional indemnity insurance has
beenissued to him or to the practice unit in or for which he practices
being insurancewhich is equivalent in terms of the conditions and
extent of its cover to theprofessional indemnity insurance which is required of solicitors in Scotlandby the Council; or
(b) evidence that he is covered by professional indemnity insurance taken
out in accordance with the professional rules of his home State and that
such insurance is equivalent in terms of the conditions and the extent of
its cover to the insurance referred to in paragraph (a) above; or
(c) where the insurance referred to in paragraph (b) above is less than
equivalent in terms of the conditions and the extent of its cover to the
insurancereferred to in paragraph (a) above, evidence of the conditions
and extent of cover of professional indemnity insurance taken out in
accordance with the professional rules of his home State and, to the
extent of the lack of equivalence, evidence that a certificate of insurance
has been issued as specified in
paragraph (a) above.
Guarantee Fund
10. The Council shall not issue a certificate of registration to any
applicant making application pursuant to regulation 4 or to any
registered European lawyer making application pursuant to
regulation 7 unless he provides, along with his application-
(a) a contribution by him or by the practice unit in or for which he practises
to the Society on behalf of the Guarantee Fund in terms of section 43 of, and
Schedule 3 to, the Act; or
(b) evidence that he is covered by a guarantee taken out in accordance with
the professional rules of his home State and that such guarantee is
equivalent in terms of the conditions and the extent of its cover to the
Guarantee Fund; or
(c) where the guarantee referred to in paragraph (b) above is less than
equivalent in terms of the conditions and the extent of its cover to the
Guarantee Fund, evidence of the conditions and extent of cover of the
guaranteetaken out in accordance with the professional rules of his home
State and,to the extent of the lack of equivalence:
(i) a contribution as specified in paragraph (a) above; or
(ii) evidence that a guarantee (other than such as is specified in paragraph
(a) above) has been issued to him or the practice unit in or for which he
practises.
Register of Applications and Certificates of Registration Issued
11.—(1) The Council shall cause to be kept in respect of each year a register
of applications for certificates of registration and of certificates issued.
(2) The register shall be in such form as the Council may determine.
Rules dated 25 May 2001 made by the Council of the Law Society of Scotland under sections 5, 34(1), 35(1), 37(6) and 43 of, and Schedule 3 to, the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session under section 4(3) of the said Act and with his concurrence under section 5(1) of the said Act. Title and Commencement 1. These rules may be cited as the Registered European Lawyers (Rules of Professional Conduct) (Scotland) Rules 2001 and shall come into operation on 1 July 2001. Definitions and Interpretation 2.—(1) In these rules, unless the context otherwise requires:— ‘‘the Act’’ means the Solicitors (Scotland) Act 1980 as amended; ‘‘the Council’’ means the Council of the Society; ‘‘the Directive’’ means Directive No. 98/5/EC of the European Parliament and Council to facilitate practice of the profession of lawyer on a permanent basis in certain states other than the state in which the professional qualification was obtained; ‘‘European lawyer’’ shall have the meaning given in paragraphs (2) and (3) of the Principal Regulations; ‘‘the European Lawyers Regulations’’ means the European Lawyers (Registration) (Scotland) Regulations 2001 made by the Council and dated 25 May 2001; ‘‘the PI Insurance Rules’’ means the Solicitors (Scotland) Professional Indemnity Insurance Rules 1995 made by the Council and dated 31 March 1995; ‘‘the Practising Certificate Rules’’ means the Solicitors (Scotland) Practising Certificate Rules 1988 made by the Council and dated 29 July 1988; ‘‘the Principal Regulations’’ means the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (SSI 2000 No. 121); ‘‘registered European lawyer’’ shall have the meaning given in section 65(1) of the Act; ‘‘rules of professional conduct’’ means rules, regulations, codes of conduct and practice guidelines made or to be made, issued or to be issued, or adopted or to be adopted by the Council or the Society under any rule-making power contained in the Act or delegated legislation or otherwise available to the Council or the Society and as such rules, regulations, codes of conduct and practice guidelines are in force from time to time and shall include, without limiting the foregoing generality, rules, regulations, codes of conduct and practice guidelines relating to professional practice, conduct and discipline, accounts, accounts certificates, the Scottish Solicitors Guarantee Fund, training or admission; and ‘‘the Society’’ means the Law Society of Scotland. (2) The provisions of the Interpretation Act 1978 shall apply to the interpretation of these rules as they apply to the interpretation of an Act of Parliament. (3) The headings to these rules do not form part of these rules. Purpose of Rules 3. The purpose of these rules is to give further effect to Article 6(1) of the Directive and to regulation 25 of the Principal Regulations. European Lawyers (Professional Conduct) Applicability of Rules of Professional Conduct 4.—(1) A registered European lawyer shall be subject to the same rules of professional conduct as a solicitor in Scotland. (2) In particular, but without limiting the generality of paragraph (1) above, a registered European lawyer shall be subject to the rules of professional conduct as set out in the Schedule to these rules. (3) Notwithstanding paragraph (1) above, a registered European lawyer shall not be subject to the PI Insurance Rules or the Practising Certificate Rules but shall instead be subject to the European Lawyers Regulations. Construction of Rules of Professional Conduct 5.—(1) Subject to paragraph (2) below, and unless the contrary intention is expressed in any such rule, references in any rule of professional conduct to— (a) ‘‘solicitors’’ shall include references to registered European lawyers; (b) ‘‘a practising certificate’’ shall include references to a registered European lawyer’s certificate of registration; and (c) ‘‘the roll’’ shall include references to the register of European lawyers. (2) In their application to registered European lawyers, the rules of professional conduct shall be construed subject to any contrary provision contained in the Directive, the Principal Regulations or the European Lawyers Regulations. SCHEDULE Rule 4(2) Rules of Professional Conduct Rules and Regulations 1975: Solicitors (Scotland) Practice Rules 1981: Solicitors (Scotland) Practice Rules 1986: Solicitors (Scotland) Practice Rules 1989: Solicitors (Scotland) (Cross-border Code of Conduct) Practice Rules 1991: Solicitors (Scotland) Practice Rules Solicitors (Scotland) (Multi-Disciplinary Practices) Practice Rules 1992: Solicitors (Scotland) Order of Precedence, Instructions and Representation Rules Solicitors (Scotland) (Admission with Extended Rights of Audience) Rules Code of Conduct (Scotland) Rules 1993: Solicitors (Scotland) (Continuing Professional Development) Regulations Solicitors (Scotland) (Written Fee Charging Agreements) Practice Rules 1994: Solicitors (Scotland) Investment Business Training Regulations EC Qualified Lawyers Transfer (Scotland) Regulations 1995: Solicitors (Scotland) (Advertising and Promotion) Practice Rules Scottish Solicitors’ Guarantee Fund Rules 1996: Solicitors (Scotland) (Restriction on Practice as a Principal) Practice Rules Solicitors (Scotland) (Associates, Consultants and Employees) Practice Rules 1997: Solicitors (Scotland) Accounts Rules Solicitors (Scotland) Accounts Certificate Rules Solicitors (Scotland) Investment Business Compliance Certificate Rules Solicitors: Practice Rules and Guidelines Solicitors (Scotland) (Practice Management Course) Practice Rules Solicitors (Scotland) (Conduct of Investment Business) Practice Rules 2001: Admission as Solicitor (Scotland) Regulations Solicitors (Scotland) (Incorporated Practices) Practice Rules Codes of Conduct 1996: Code of Conduct for Criminal Work 1999: Code of Conduct for Scottish Solicitors Practice Guidelines 1992: Law Society Guidelines for the Recruitment of Staff to Undertake Investment Business 1994: Conflict of Interest in Commercial Security Transactions 1995: Guide to Professional Conduct and Ethics in Insolvency 1996: Law Society Guidance Notes on Exhibition of Title Deeds 1997: Law Society Guidance Notes to the Investment Business Rules and Regulations Law Society Guidance Notes on Capital Adequacy Simple Guide to the Solicitors (Scotland) Accounts Rules 1997, Solicitors (Scotland) Accounts Certificate Rules 1997, Money Laundering Regulations 1993 Suggested List of Items that should be Special Areas of Concern to Designated Cashroom Partners Guidance on Retention/Destruction of Files and Records 1998: and 1999 Law Society Guidelines on Retention of Funds Law Society Guidelines on Faxed and E-Mail Documents Law Society Guidelines on Property Schedules and Mortgage Advice Service Law Society Guidelines for Compliance with Continuing Professional Development Regulations Law Society Guidelines on Conflict of Interest Law Society Guidelines on Confidentiality Law Society Guidelines on Mandates in Executries Law Society Guidelines on Conflict of Interest and Ranking Agreements Law Society Guidelines on Closing of Files Law Society Guidelines on Terms of Business Law Society Guidelines on Mandates Law Society Guidelines on Avoidance of Delay in Concluding Missives Law Society Guidelines on Fixed Price Offers Law Society Guidelines on Powers of Attorney Law Society Guidelines on Acting for Separated Spouses Law Society Guidelines on Comments to the Media by Solicitors Law Society Guidelines on Sending Document to Unrepresented Party for Signature Law Society Guidelines on Settlement Cheques Sent to be Held as Undelivered Law Society Revised Guidelines on Closing Dates and Notes of Interest Law Society Guidelines on Duty to Lodge a Joint Minute and move for decree Law Society Guidelines on Conflict of Interest between Borrower and Spouse Law Society’s Risk Management Flowchart and Procedures European Lawyers (Registration) 2001 The European Lawyers (Registration) (Scotland) Regulations 2001 The European Lawyers (Registration) (Scotland) Regulations 2001 dated 25 May 2001 made by the Council of the Law Society of Scotland under regulation 16 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 and section 24A of the Solicitors (Scotland) Act 1980. Title and Commencement 1. These regulations may be cited as the European Lawyers (Registration) (Scotland) Regulations 2001 and shall come into operation on 1 July 2001. Definitions and Interpretation 2.—(1) In these regulations, unless the context otherwise requires:—– ‘‘the Act’’ means the Solicitors (Scotland) Act 1980 as amended; ‘‘applicant’’ means a European lawyer who wishes to pursue professional activities under his home professional title on a permanent basis in Scotland and who wishes to apply pursuant to regulation 16 of the Principal Regulations to be entered on the register established and maintained by the Society pursuant to regulation 15 of the Principal Regulations and section 12A of the Act; ‘‘certificate of registration’’ means a certificate of registration in respect of a registered European lawyer issued in accordance with the provisions of the Act in, or substantially in, the form set out in Schedule 1 to these regulations; ‘‘the Council’’ means the Council of the Society; ‘‘the Directive’’ means Directive No. 98/5/EC of the European Parliament and Council to facilitate practice of the profession of lawyer on a permanent basis in certain states other than the state in which the professional qualification was obtained; ‘‘European lawyer’’ shall have the meaning given in paragraphs (2) and (3) of regulation 2 of the Principal Regulations; ‘‘the Guarantee Fund’’ means The Scottish Solicitors Guarantee Fund as referred to in section 43 of the Act; ‘‘grouping’’ means any entity, whether or not having legal personality, formed under the law of a Member State of the European Community, within which lawyers pursue their professional activities jointly under a joint name; ‘‘home State’’ shall have the meaning given in paragraph (1) of regulation 2 of the Principal Regulations; ‘‘home professional title’’ shall have the meaning given in paragraph (1) of regulation 2 of the Principal Regulations; ‘‘lawyer’’ means a person who is a national of a Member State of the European Community and who is authorised to pursue his professional activities under one of the professional titles referred to in paragraph (4) of regulation 2 of the Principal Regulations; ‘‘principal’’ means a European lawyer or a registered European lawyer who is a sole practitioner or a partner in a firm of lawyers or a member of an incorporated practice of lawyers or of a grouping of lawyers; ‘‘the Principal Regulations’’ means the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (SSI 2000 No 121); ‘‘registered European lawyer’’ shall have the meaning given in section 65(1) of the Act; ‘‘the Society’’ means the Law Society of Scotland; and ‘‘year’’ means the period of twelve months ending on 31 October. (2) The provisions of the Interpretation Act 1978 shall apply to the interpretation of these regulations as they apply to the interpretation of an Act of Parliament. (3) The headings to these regulations do not form part of these regulations. Purpose of Regulations 3. The purpose of the Principal Regulations is to implement the Directive in Scotland. These regulations make provision in respect of applications for registration with the Society by European lawyers pursuant to regulation 16 of the Principal Regulations and in respect of applications for, and the issue of, certificates of registration for registered European lawyers pursuant to section 24A of the Act. Application for Registration 4. An applicant shall apply in writing to the Society for registration by completing (so far as applicable to him) and signing a form in, or substantially in, the form set out in Schedule 2 to these regulations, and by making payment of such fee(s) as the Council shall from time to time prescribe. Determination of Application 5. The Council shall determine an application pursuant to regulation 4 in accordance with the Principal Regulations. Entry on Register and Issue of Certificate of Registration to Applicant. 6. If the Council grants an application pursuant to regulation 4 it shall- (a) cause the name of the applicant to be entered on the register of European lawyers established and maintained by the Society pursuant to regulation 15 of the Principal Regulations and section 12A of the Act; and (b) subject always to the provisions of regulations 9 and 10, cause a certificate of registration to be issued to the applicant. Application for Certificate of Registration by Registered European Lawyer 7. A registered European lawyer who wishes to obtain a certificate of registration shall apply for the same by completing (so far as applicable to him) and signing a form in, or substantially in, the form set out in Schedule 2 to these regulations and by making payment of such fee(s) as the Council shall from time to time prescribe. Issue of Certificate of Registration to Registered European Lawyer 8. Subject always to the provisions of regulations 9 and 10 and to the provisions of the Act and the Principal Regulations in respect of withdrawal or suspension of registration the Council shall, on receipt of an application pursuant to regulation 7 which has been duly completed and signed, cause a certificate of registration to be issued to the registered European lawyer without delay. Any such certificate may, in accordance with the provisions of the Act, and in particular section 24C thereof, be issued subject to conditions. Professional Indemnity Insurance 9. The Council shall not issue a certificate of registration to any applicant making application pursuant to regulation 4 or to any registered European lawyer making application pursuant to regulation 7 unless he provides, along with his application— (a) evidence that a certificate of professional indemnity insurance has been issued to him or to the practice unit in or for which he practices being insurance which is equivalent in terms of the conditions and extent of its cover to the professional indemnity insurance which is required of solicitors in Scotland by the Council; or (b) evidence that he is covered by professional indemnity insurance taken out in accordance with the professional rules of his home State and that such insurance is equivalent in terms of the conditions and the extent of its cover to the insurance referred to in paragraph (a) above; or (c) where the insurance referred to in paragraph (b) above is less than equivalent in terms of the conditions and the extent of its cover to the insurance referred to in paragraph (a) above, evidence of the conditions and extent of cover of professional indemnity insurance taken out in accordance with the professional rules of his home State and, to the extent of the lack of equivalence, evidence that a certificate of insurance has been issued as specified in paragraph (a) above. Guarantee Fund 10. The Council shall not issue a certificate of registration to any applicant making application pursuant to regulation 4 or to any registered European lawyer making application pursuant to regulation 7 unless he provides, along with his application- (a) a contribution by him or by the practice unit in or for which he practises to the Society on behalf of the Guarantee Fund in terms of section 43 of, and Schedule 3 to, the Act; or (b) evidence that he is covered by a guarantee taken out in accordance with the professional rules of his home State and that such guarantee is equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund; or (c) where the guarantee referred to in paragraph (b) above is less than equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund, evidence of the conditions and extent of cover of the guarantee taken out in accordance with the professional rules of his home State and, to the extent of the lack of equivalence: (i) a contribution as specified in paragraph (a) above; or (ii) evidence that a guarantee (other than such as is specified in paragraph (a) above) has been issued to him or the practice unit in or for which he practises. Register of Applications and Certificates of Registration Issued 11.—(1) The Council shall cause to be kept in respect of each year a register of applications for certificates of registration and of certificates issued. (2) The register shall be in such form as the Council may determine.
