Law Society of Scotland
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Solicitors (Scotland) (Foreign Lawyers) (Registration) Rules 2004

The Solicitors (Scotland) (Foreign Lawyers) (Registration) Rules 2004 dated 24th September 2004 made by the Council of the Law Society of Scotland under section 60A(2) of the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session under section 34(3) of that Act.

1. Title and Commencement

  1. These rules may be cited as the Solicitors (Scotland) (Foreign Lawyers) (Registration) Rules 2004.
  2. These rules shall come into operation on 1st February 2005.

2. Definitions and Interpretation

  1. In these rules, unless the context otherwise requires:
    “the Act” means the Solicitors (Scotland) Act 1980;
    “applicant” means a person who wishes to become a registered foreign lawyer or a registered foreign lawyer who wishes to renew his registration;
    “the Council” means the Council of the Society;
    “European Lawyer” shall have the meaning given in regulation 2(2) and (3) of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000;
    “foreign lawyer” shall have the meaning given in section 65(1) of the Act;
    “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, within which lawyers pursue their professional activities jointly under a joint name;
    “home jurisdiction” shall mean a jurisdiction in which a foreign lawyer is a member of a legal profession;
    “home professional title” means a professional title used by a foreign lawyer as a member of a legal profession in his home jurisdiction;
    “incorporated practice” shall have the meaning given in section 34(1A) of the Act;
    “multi-national practice” shall have the meaning given in section 65(1) of the Act;
    “principal” means a registered foreign lawyer who is a partner in a firm of lawyers or a member or director of an incorporated practice or a member of a multi-national practice;
    “register” shall mean the register of foreign lawyers established and maintained by the Council pursuant to section 60(A)(2) of the Act, and “registered” and “registration” shall be construed accordingly;
    “the Society” means the Law Society of Scotland; and
    “year” means the period ending on the next 31 October.
  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.

3. Application for registration

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 the Schedule to these rules, and by making payment of such application fee(s) as the Council shall from time to time prescribe.

4. Requirements for registration

  1. No applicant shall be registered unless-
    1. he has completed an application form in terms of rule 3;
    2. he has paid such application fee(s) as the Council has prescribed in accordance with rule 3;
    3. he is a foreign lawyer;
    4. he has satisfied the Council-
      1. that he is a fit and proper person to be a registered foreign lawyer;
      2. that the legal profession of which he is a member is so regulated as to make it appropriate for the applicant to be allowed to enter into multi-national practices with solicitors or incorporated practices; and
      3. that he is, or will on registration become, a principal of a multi-national practice;
    5. he provides -
      1. evidence that he is covered (or will on registration be covered) by a certificate of professional indemnity insurance issued to him, or to the multi-national practice of which he is a principal or of which he will on registration become a principal, 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
      2. evidence that he is covered by professional indemnity insurance taken out in accordance with the professional rules of his home jurisdiction and that such insurance 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
      3. where the insurance referred to in sub-paragraph (e)(ii) is less than equivalent in terms of the conditions and extent of its cover to the insurance referred to at sub-paragraph (e)(i), evidence of professional indemnity insurance taken out in accordance with the professional rules of his home jurisdiction and, to the extent of the lack of equivalence, evidence of insurance cover as specified in sub-paragraph (e)(i); or
      4. such evidence as may be required by the Council that he has satisfied its requirements as to the professional indemnity insurance cover required of registered foreign lawyers as they apply to him;
    6. he provides-
      1. a contribution by him, or the multi-national practice of which he is a principal or of which he will on registration become a principal, to the Society on behalf of the Guarantee Fund as required by the Council; or
      2. evidence that he is covered by a guarantee taken out in accordance with the professional rules of his home jurisdiction and that such guarantee is equivalent in terms of the conditions and extent of its cover to the Guarantee Fund; or 
      3. where the guarantee referred to in sub-paragraph (f)(ii) is less than equivalent to the Guarantee Fund, evidence of the terms of the conditions and extent of the guarantee taken out in accordance with the professional rules of his home jurisdiction and, to the extent of the lack of equivalence, a contribution as specified in paragraph (f)(i); or
      4. such evidence as may be required by the Council that he has satisfied its requirements as to the guarantee fund cover required of registered foreign lawyers as they apply to him;
    7. he is not an advocate or a barrister in England and Wales or Northern Ireland, or the Republic of Ireland, and has made a declaration to that effect; and
    8. he is not a European Lawyer registered with the Society or the Faculty of Advocates or with the barristers’ professional bodies in England and Wales, Northern Ireland or the Republic of Ireland, and has made a declaration to that effect.
  2. The Council shall, where satisfied that an applicant complies with paragraph (1), register that applicant.

5. Entry on register 

  1. If the Council grants an application pursuant to rule 4, it shall cause the name of the applicant to be entered on the register.
  2. The duration of registration shall be one year.

6. Removal from register

A person shall be removed from the register if he ceases to comply with any requirement set out in rule 4(1).

7. Waiver

The Council may waive or modify any provision of these rules either generally or in respect of any particular case, subject to such conditions, if any, as it considers appropriate.

Notes

Where there is insufficient space for a full answer to any of the questions on this form, please provide the additional  information on a continuation sheet under reference to the relevant numbered question.

For the purpose of question 2, the practice referred to may be one which is not currently a multi-national practice but will become one on your joining it as a principal.

For the purpose of question 5, a "firm" means a partnership and a "grouping" means any entity whether or not having legal personality within which lawyers pursue their professional activities jointly under a joint name.

If you have answered no to question 5, then you need not answer questions 6 to 10.

Please note, in relation to questions 11 and 12, that you should suply the required information in respect of each home State under whose professional title you intend to practise in Scotland.

Please provide full information in answering questions 16 and 17.  This information is required in order that the Law Society can assess whether the cover which is taken out either by you or by your firm or grouping is equivalent to the cover required of solicitors in Scotland in respect of professional indemnity insurance and membership of a guarantee fund.  All applicants are required to provide this information.  It will assist the processing of your application if you are able to supply copies of relevant certificates of insurance together with policy schedules specifying the conditions and extent of the cover.

If you have answered yes to any part of question 18, please give full details.

Documents such as a photocopy of your passport will generally be acceptable proof of your nationality and identity, where a sufficiently good reproduction of your photographic likeness is produced and where that copy is certified as true and accurate by a state official or other trustworthy person, whose name and address are provided.

It is essential that the certificate or cerficates confirming your registration with the competent authority in your home jurisdiction and your good standing with that authority are dated not more than three months before the date on which you sign this application form.  It is also essential that the certificate or certicates confirm your date of admisison, that you are entitled to practise under the relevant home professonal title, specity any limitations on your entitlement to practise under the relevant home professional title, and confirm that there are either no completed or pending disciplinary proceedings against you, or give full details if there are or have been such proceedings.

The registration fee is £350 for each of the first 10 applicants in a particular firm and £100 for each additional applicant from that firm.  The fee must be enclosed with this application form and cheques should be made payable to "The Law Society of Scotland" and crossed "& Co".