Excluded
Material
Note that this section of the
website does not include:
Admissions Regulations and related
items - for further information see
Admission Regulations
CPD Regulations and related items -
for further information see
CPD
Authorisation of
the Rules
The legislative authority for each
of the rules is set out in the Preamble to the
Rules.
Exercise of
Functions under the Rules
The rules were made by the Council
of the Society in May 2011. The rules provide
for a number of functions to be carried out by the
Council. With effect from 1 June 2011, the
Council has arranged for their regulatory functions to be exercised
on their behalf by a regulatory committee, all in accordance with
section 3A of the Solicitors (Scotland) Act 1980 (as amended by the
Legal Services (Scotland) Act 2010). The
Regulatory Committee has, in turn, delegated the exercise of
certain functions to regulatory sub-committees, for example, the
Professional Practice (Rules & Waivers) Sub-Committee and the
Guarantee Fund Sub-Committee and, in some cases, to duly authorised
staff members of the Society.
The Regulatory Committee and its
sub-committees may set conditions which apply to the exercise of
any delegated function.
At least 50% of the membership of
the Regulatory Committee and its sub-committees comprises lay
persons.
Wherever the rules or Guidance refer
to a regulatory function of the Council that function will, in
fact, be exercised by the Regulatory Committee, one of its
sub-committees or an individual, in each case operating on
delegated authority on behalf of the Council.
This applies regardless of the wording used in the rule or other
item.
Archive of
Superseded Rules & Guidance
The new practice rules are, of course,
only effective from 1 November 2011. They have
no retrospective effect. As a result there will
occasionally be a need to consider the terms of rules and guidance
in force prior to that date. The Society
maintain an archive of all superseded rules and
guidance. Should you wish a copy of any rule or
guidance item which has been superseded please contact the
Professional Practice Department.