Solicitors (Scotland) (Principal Place of Business) Practice Rules 2005
Rules dated 24th March 2005, made by the Council of the Law Society of Scotland under section 34(1) of the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session in terms of section 34(3) of that Act.
Citation and Commencement
1. – (1) These Rules may be cited as the Solicitors (Scotland) (Principal Place of Business) Practice Rules 2005.
(2) These Rules shall come into effect on 1st May 2005.
Definitions and Interpretation
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;
“foreign lawyer” has the meaning given in section 65 of the Act;
“location” means, in relation to a person, the place of business at which that person primarily practises or, if there is no such place of business, the place of business at which he is based or from which he is managed;
“member” means, in relation to a multi-national practice, a principal of that practice;
“multi-national practice” has the meaning given in section 65 of the Act;
“new determination” means a determination that the principal place of business of a multi-national practice is a place of business other than that provisionally determined in accordance with rule 4(1);
“the Society” means the Law Society of Scotland;
“solicitor” means a solicitor holding a practising certificate under the Act and includes a firm of solicitors and an incorporated practice and also includes a registered foreign lawyer and a multi-national practice.
(2) A person is “associated with” a multi-national practice if –
(a) he is a partner of that multi-national practice;
(b) he is a member or director of that multi-national practice;
(c) he is an employee of that multi-national practice; or
(d) he is a consultant to that multi-national practice.
(3) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(4) The headings to these Rules do not form part of these Rules.
Determinations
3. - (1) The Council may, on application made in terms of rule 5(1), determine the principal place of business of a multi-national practice.
(2) The Council may determine the principal place of business of a multi-national practice whose principal place of business has not been determined in accordance with an application made in terms of rule 5(1).
(3) Subject to rule 9, the Council may change its determination of the principal place of business of a multi-national practice whose principal place of business has been determined in accordance with paragraph (1) or (2).
Provisional determinations
4. – (1) The Council may, on application made in terms of rule 5(2), provisionally determine the principal place of business of a proposed multi-national practice.
(2) Where the principal place of business of a multi-national practice has been provisionally determined that place of business shall be treated as the principal place of business of that multi-national practice.
(3) The Council may change or revoke any provisional determination made in accordance with paragraph (1).
(4) Following the constitution of a multi-national practice whose principal place of business has been provisionally determined in accordance with paragraph (1) –
(a) the provisional determination may not be revoked, and
(b) the Council shall confirm the provisional determination or make a new determination; and such confirmation or new determination shall be treated as a determination made in accordance with rule 3(1).
Relevant factors
5. - (1) In determining the principal place of business of a multi-national practice in terms of rule 3(1) or (2) or in changing any such determination in terms of rule 3(3) or in confirming a provisional determination or making a new determination in terms of rule 4(4), the Council shall have regard to the following –
(a) any election made by or behalf of the multi-national practice;
(b) the locations of the place or places of business of the multi-national practice;
(c) the number of solicitors holding a practising certificate under the Act who are associated with the multi-national practice both as an absolute number and as a proportion of the total number of solicitors and foreign lawyers associated with that multi-national practice;
(d) the number of solicitors holding a practising certificate under the Act who are members of the multi-national practice both as an absolute number and as a proportion of the total number of members of that multi-national practice;
(e) the locations of the solicitors and foreign lawyers associated with the multi-national practice;
(f) the locations of the members of the multi-national practice;
(g) the identity of the persons exercising management control over the multi-national practice, the number of them who are solicitors holding a practising certificate in terms of the Act and each of their locations;
(h) the law applicable to the constitutive documents or arrangements of the multi-national practice; and
(i) the law practised by the multi-national practice [and each of the solicitors and foreign lawyers associated with it].
(2) In determining the principal place of business of a multi-national practice, the Council may have regard to any other factor which it considers relevant.
(3) In provisionally determining the principal place of business of a proposed multi-national practice in terms of rule 4(1) or in changing or revoking that provisional determination in terms of rule 4(3), the Council shall have regard to the factors set out at paragraphs (1) and (2) as they may be ascertained in relation to the proposed multi-national practice from the information supplied to it in or in connection with an application in terms of rule 6(2) and other information available to it.
Application
6. - (1) A solicitor who is a member of a multi-national practice may seek a determination of the principal place of business of that multi-national practice by the Council in terms of rule 3.
(2) A solicitor who proposes to be a member of a proposed multi-national practice may seek a provisional determination of the principal place of business of that proposed multi-national practice by the Council in terms of rule 4.
(3) Any solicitor seeking a determination by the Council in terms of rule 3 or 4 shall submit to the Council an application in the form set out in the Schedule to these Rules, accompanied by the additional information set out in that Schedule, and shall, upon request by the Council, supply any other information required by the Council in connection with that application.
Charging of fees
7. The Council may charge a fee in respect of its examination of an application submitted in terms of these Rules.
Provision of information
8. The Council may require any solicitor who is a member of or associated with a multi-national practice or who proposes to be a member of or associated with a proposed multi-national practice to supply it with any information it considers necessary in connection with -
(a) any determination in terms of rule 3(1) or (2); or
(b) any possible change in determination in terms of rule 3(3); or
(c) any provisional determination in terms of rule 4(1); or
(d) any possible change or revocation of a provisional determination in terms of rule 4(3); or
(e) the confirmation of a provisional determination or the making of a new determination in accordance with rule 4(4).
Notice
9. Where the Council is minded to change its determination of the principal place of business of a multi-national practice in terms of rule 3(3) it shall give written notice of that fact to the relevant multi-national practice, together with copies of any information it proposes to rely on in making that change (with any deletions necessary to protect the identity of any person as appropriate). In making its decision as to whether to change its determination of the principal place of business of that multi-national practice, the Council shall have regard to any written representations made to it by or on behalf of that practice.
Waiver
10. The Council may waive any provision of these Rules, either generally or in relation to any particular case, subject to such conditions, if any, as it considers appropriate.
Application to registered foreign lawyers
11. These Rules shall apply to registered foreign lawyers.
Schedule Rule 6(1)
FORM OF APPLICATION FOR A DETERMINATION OF THE PRINCIPAL PLACE OF BUSINESS OF A MULTI-NATIONAL PRACTICE
[I/We] [delete as appropriate] the undernoted hereby seek a determination by the Council of the principal place of business of a multi-national practice
1. Details of applicant
Name …………………………………….
Firm/Practice ………………………………..
Business Address ………………………….
…………………………………….
2. Details of multi-national practice whose principal place of business is to be determined
Name …………………………………….
Address …………………………………….
…………………………………….
[Please provide details of any other places of business on a separate sheet of paper.]
3. Has the multi-national practice made any election of a place of business which it wishes to be determined to be its principal place of business? If yes, please provide details.
………………………………………………….
4. Please give the number of solicitors holding a practising certificate under the Act who are associated with the multi-national practice.
………………..
5. Please give the number of foreign lawyers associated with the multi-national practice.
………………..
6. Please give the number of solicitors holding a practising certificate under the Act who are members of the multi-national practice.
………………..
7. Please provide details of the total number of the other members of the multi-national practice.
Registered foreign lawyers ………………..
Registered European lawyers ………………..
Firms of solicitors ………………..
Incorporated practices ………………..
Multi-national practices ………………..
Other (please provide details) ………………..
8. Please provide details of the location of each of the solicitors and foreign lawyers associated with the multi-national practice.
9. Please provide details of the location of each of the members of the multi-national practice.
10. Please provide details of the identity of each of the persons exercising management control over the multi-national practice, the number of them who are solicitors holding a practising certificate in terms of the Act and each of their locations.
11. Please provide details of the law applicable to the constitutive documents and arrangements of the multi-national practice.
12. Please provide details of the law practised by the multi-national practice [and each of the solicitors and foreign lawyers associated with it].
Dated this day of 20
Signature
…………………………………….
Notes
1. This form should be accompanied by a remittance for the appropriate fee. Remittances should be made payable to “The Law Society of Scotland” and should be crossed “account payee only”.
Rule 6(2)
FORM OF APPLICATION FOR A PROVISIONAL DETERMINATION OF THE PRINCIPAL PLACE OF BUSINESS OF A PROPOSED MULTI-NATIONAL PRACTICE
[I/We] [delete as appropriate] the undernoted hereby seek a provisional determination by the Council of the principal place of business of a proposed multi-national practice
1. Details of applicant
Name …………………………………….
Firm/Practice ………………………………..
Business Address ………………………….
…………………………………….
2. Details of proposed multi-national practice whose principal place of business is to be provisionally determined
Name …………………………………….
Address …………………………………….
…………………………………….
[Please provide details of any other proposed places of business on a separate sheet of paper.]
3. Is the proposed multi-national practice currently in existence in some form? (e.g. firm of solicitors, incorporated practice). If so, please provide details
Firm/Practice ………………………………..
Business Address ………………………….
…………………………………….
[Please provide details of any other places of business on a separate sheet of paper.]
Type of practice (e.g. firm of solicitors, incorporated practice) …………………………………..
4. Please provide full details of how and when the proposed multi-national practice is proposed to be constituted
………………………………………………………………….
………………………………………………………………….
5. Has the proposed multi-national practice made any election of a place of business which it wishes to be provisionally determined to be its principal place of business? If yes, please provide details.
………………………………………………………………….
6. Please give the number of solicitors holding a practising certificate under the Act who are proposed to be associated with the proposed multi-national practice.
………………..
7. Please give the number of foreign lawyers who are proposed to be associated with the proposed multi-national practice.
………………..
8. Please give the number of solicitors holding a practising certificate under the Act who are proposed to be members of the proposed multi-national practice.
………………..
9. Please provide details of the total number of the other proposed members of the proposed multi-national practice.
Registered foreign lawyers ………………..
Registered European lawyers ………………..
Firms of solicitors ………………..
Incorporated practices ………………..
Multi-national practices ………………..
Other (please provide details) ………………..
11. Please provide details of the proposed location of each of the solicitors and foreign lawyers proposed to be associated with the proposed multi-national practice.
12. Please provide details of the proposed location of each of the proposed members of the proposed multi-national practice
13. Please provide details of the identity of each of the persons proposed to exercise management control over the proposed multi-national practice, the number of them who are solicitors holding a practising certificate in terms of the Act and each of their proposed locations.
14. Please provide details of the law applicable to the proposed constitutive documents and internal arrangements of the proposed multi-national practice.
15. Please provide details of the law proposed to be practised by the proposed multi-national practice [and each of the solicitors and foreign lawyers proposed to be associated with it].
Dated this day of 20
Signature
…………………………………….
Notes
1. This form should be accompanied by a remittance for the appropriate fee. Remittances should be made payable to “The Law Society of Scotland” and should be crossed “account payee only”.
