Law Society of Scotland
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Restriction on Association

  • Solicitors (Scotland) (Restriction on Association) Practice Rules 2004

Solicitors (Scotland) (Restriction on Association) Practice Rules 2004

Rules dated 28 May 2004, made by the Council of the Law Society of Scotland and approved by the Lord President of the Court of Session in terms of section 34 of the Solicitors (Scotland) Act 1980.

Citation
1. – (1) These Rules may be cited as the Solicitors (Scotland) (Restriction on Association) Practice Rules 2004.
(2) These Rules shall come into operation on 1 September 2004.

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;

"the Society" means the Law Society of Scotland; and

"solicitor" means any person enrolled as a solicitor in pursuance of the Act and includes a firm of solicitors, an incorporated practice and any association of solicitors.

(2) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

Restriction on association etc

3. Notwithstanding the restrictions contained in section 47 of the Act (restrictions on employing solicitor struck off or suspended), no solicitor shall, in connection with his practice as a solicitor, without the prior written permission of the Council, which may be given for such period and subject to such conditions as the Council thinks fit, associate in business with or provide facilities for any person who to his knowledge is disqualified from practising as a solicitor by reason of the fact that his name has been struck off the roll of solicitors or that he is suspended from practising as a solicitor.

Revocation
4. The Solicitors (Scotland) Practice Rules 1975 are hereby revoked.