Solicitors (Scotland) (Industrial Action by Solicitors) Practice Rules 2003
Rules dated 27th June 2003, made by the Council of The Law Society of Scotland and approved by the Lord President of the Court of Session under section 34 of the Solicitors (Scotland) Act 1980.
1.—(1) These rules may be cited as the Solicitors (Scotland) Practice Rules
2003.
(2) These rules shall come into operation on 1st September 2003.
2.—(1) In these rules, unless the content otherwise requires:—
‘‘Courts’’ means the civil and criminal courts in Scotland, the House of Lords, the Judicial Committee of the Privy Council, the Court of Justice of the European Communities and the European Court of Human Rights.
‘‘dispute’’ means a ‘‘trade dispute’’ as defined in section 29 of the Trade Union and Labour Relations Act 1974.
‘‘Industrial action’’ means an act done or taken by a solicitor in contemplation or furtherance of a dispute.
(2) Words and expressions defined in the Solicitors (Scotland) Act 1980 shall, unless the content otherwise requires, have the same meanings in these rules.
(3) The Interpretation Act 1978 applies to these rules as it applies to an
Act of Parliament.
3. Subject to rule 4 hereof, a solicitor may take industrial action.
4.—(1) Notwithstanding that a solicitor is taking or has taken industrial action, he will (a) fulfil his professional duties to the courts or to the Scottish Parliament and to the Parliament of the United Kingdom of Great Britain and Northern Ireland, and (b) fulfil any personal obligation undertaken by him other than an obligation which is imposed upon him under the terms and conditions of his employment.
(2) Notwithstanding that a solicitor is about to take, is taking or has taken industrial action, he will take all reasonable steps open to him to secure the consent of the appropriate body organising such industrial action to his acting as a solicitor (a) where a failure to do so could result in danger to any member or members of the public and (b) where a failure to do so would cause serious damage to a party other than his employer.
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