The Solicitors (Scotland) (Rights of Audience in The High Court of Justiciary and Judicial Committee of The Privy Council) Rules 2002
MADE 29th November 2002 - Coming into force on 1st March 2003
The Council of the Law Society of Scotland in exercise of the powers conferred on them by Section 25A(4) of the Solicitors (Scotland) Act 1980, hereby makes the following Rules:
1. CITATION AND COMING INTO EFFECT
(1) These Rules may be cited as the Solicitors (Scotland)(Rights of Audience in the High Court of Justiciary and Judicial Committee of the Privy Council) Rules 2002.
(2) These Rules shall have effect from 1st March 2003 having been approved by the Lord President and Scottish Ministers, following consultation with the Director General of Fair Trading in accordance with Section 25A of the Solicitors (Scotland) Act 1980.
2. INTERPRETATION
In these Rules, unless the context otherwise requires:
“Council” means the Council of the Law Society of Scotland;
“Court” means the High Court of Justiciary and the Judicial Committee of the Privy Council.
“applicant” means a solicitor who seeks a right of audience in the Court;
“course of training” means a course of training in evidence, procedure and pleadings in relation to proceedings in the Court;
“knowledge” means knowledge of the practice and procedures of and professional conduct in the Court;
“relevant date” means the date on which the applicant informs the Council that he seeks a right of audience in the Court;
“right of audience” means a right of audience in the Court;
3. COURSE OF TRAINING IN EVIDENCE AND PLEADING
(1) The matters to be included in the course of training are those matters specified in the Schedule hereto;
(2) The methods of instruction to be employed in the course of training are:-
(a) lectures, the provision of written instructional material and audio visual or other practical demonstration by the persons conducting the course upon the matters specified;
(b) Discussion of the applicant’s performance by the persons conducting the course based on observation and assessment of the applicant’s presentation of oral advocacy.
(3) The persons who conduct the course of training shall be:-
(a) solicitors or advocates of at least 5 years standing; or
(b) persons who have been employed at a university in Scotland for at least 5 years full-time during the 10 years prior to the coming into force of these Rules;
and who have experience in the matters specified in paragraph (1) of this Rule.
4. DEMONSTRATION OF KNOWLEDGE
(1) An applicant’s knowledge of the practice procedure and professional conduct in the Court shall be demonstrated by evidence that he has:-
(a) passed in not more than 2 attempts a written examination set by examiners appointed by the Council within 30 months of the relevant date; or
(b) passed examinations for admission to the Faculty of Advocates which are considered by the Council to be equivalent to the written examination referred to above;
(2) The examiners appointed by the Council for the purposes of Rule (4)(1) shall be solicitors with a right of audience in the Court or advocates or Professors of Law in a Scottish University, in each case of at least 10 years standing.
SCHEDULE
MATTERS TO BE INCLUDED IN THE COURSE OF TRAINING
(Rule 3 (1))
1. The practical applications of the law of evidence in connection with the presentation of cases in the Court.
2. The procedure employed in the Court.
3. The presentation by applicants to the persons conducting the course of examples of oral advocacy in the manner required by the Court.
