Locum Register
Looking for a Locum? Contact: The Records Department, The Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh, EH3 7YR 0131 226 7411
If you wish to be a locum or agency solicitor you will need to address a number of matters. The first is whether you will be self employed or a temporary employee with tax and National Insurance deducted before you are paid. If you are to be self employed, are you affected by the Solicitors (Scotland) (Restriction on Practice) Practice Rules 2001 (the 3 year rule). If in doubt seek guidance from either the Records department or the Professional Practice department at the Society.
Secondly if you intend to do self employed locum or agency work full time the Council of the Society have determined that professional indemnity insurance cover will require to be obtained and annual contributions to the Guarantee fund made. You will require professional indemnity insurance cover in your own name and you will require to contribute to the Guarantee Fund, for which the cost in the current practice year is £630. As an indication only, the basic cost of Master Policy cover with no discount or loading is approximately £5,000 for a full year. Unless you qualify for reduced premium rates as a ‘Part Time Practice’ or a ‘Criminal Court only practice’, the premium is charged on a pro rata basis if you start part of the way through a practice year i.e. after 1 November. There is no pro rata reduction for ‘Part Time Practices’ or Criminal Court only practices’ as these categories of practice already qualify for reduced rates of premium.
For details of what constitutes a ‘Part Time Practice’ and a ‘Criminal court only practice’ you should contact Mrs Kirsty Galloway – Tel: 0131 311 4100.
If your locum arrangement is as a (temporary) employee of the practice or as a consultant to a practice, you will not require either professional indemnity insurance cover in your own name or to contribute to the Guarantee Fund. You will however still require to have a current Practising Certificate. If you have not held a Practising Certificate for more than twelve months you require to give six weeks’ written notice to the Council of your intention to apply for one in terms of Section 15 of the Solicitors (Scotland) Act 1980. The Council has power to impose conditions on the grant of a Certificate under Section 15, the most common of which is that the solicitor will not set up in practice on his or her own account for a period of time.
If you are not doing locum work at all but wish to remain on the list to be available for work in future you can do so without having P.I. cover in force or contributing to the Guarantee Fund, provided that you comply with the above before you actually commence work as a locum.
