Glossary

This Glossary includes all the defined terms contained in Schedule 1 to the Law Society of Scotland Practice Rules 2011, as referred to in Rule A2: Definitions and Interpretation.

The definitions shown here apply throughout the rules, except where a particular rule uses an alternative definition. Where that applies the first numbered part of the relevant rule will contain the alternative definition. For example, the additional or alternative definitions which apply to the whole of Rule C3: Civil Legal Aid can be found in Rule C3.1.

1980 Act

the Solicitors (Scotland) Act 1980

1986 Act

the Legal Aid (Scotland) Act 1986

Admissions Regulations

Admission as Solicitor (Scotland) Regulations 2001 as the same may be varied, supplemented, amended, consolidated or replaced from time to time

advice and assistance

either or both of (i) advice and assistance on a civil matter or on a matter arising out of Part II of the Children (Scotland) Act 1995 and (ii) assistance by way of representation on a civil matter, within the meaning of section 6 of the 1986 Act, and to which Part II of the 1986 Act applies

advocate

a member of the Faculty of Advocates

associate

a regulated person, holding an unrestricted practising certificate who is in the employment of a practice unit whether full time or part-time and who has been afforded the status of "associate" of that practice unit;

certificate of registration

where the context relates to a European lawyer, a certificate of registration issued in accordance with the 1980 Act and rule 6 in Section D of the foregoing rules in, or substantially in, such form as may be prescribed from time to time by the Council; or, where the context relates to a foreign lawyer, a certificate of registration issued in accordance with the 1980 Act and rule 7 in Section D of the foregoing rules in, or substantially in, such form as may be prescribed from time to time by the Council

Client Relations Manager

a manager of a practice unit so designated by that practice unit in terms of rule 5 in Section B

cohabitant

the same meaning as in the Family Law (Scotland) Act 2006

company

the meaning given in section 1 of the Companies Act 2006

Compliance Manager

a manager of a practice unit so designated by that practice unit in terms of rule 3 in Section C

consultant

a regulated person, holding an unrestricted practising certificate who, not being a manager of a practice unit, makes his services and advice available to a practice unit or causes or permits his name to be associated with that practice unit

Council

the Council of the Society

cross-border practice

(a) all professional contacts with lawyers of Member States (which expression shall, for the purposes of this definition of 'cross-border practice', include member states of the European Economic Area) other than the United Kingdom; and

(b) the professional activities of a regulated person in a Member State other than the United Kingdom whether or not the regulated person is physically present in that Member State

Directive

Directive No. 98/5/EC of the European Parliament and Council to facilitate practice of the profession of lawyer on a permanent basis in certain states other than the state in which the professional qualification was obtained

European lawyer

the meaning given in paragraphs (2) and (3) of regulation 2 of the European Lawyer Regulations

European Lawyer Regulations

European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (SSI 2000 No. 121)

foreign lawyer

a person who is not a solicitor or an advocate but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outwith Scotland

Guarantee Fund

the Scottish Solicitors Guarantee Fund as referred to in section 43 of the 1980 Act

inadequate professional services

professional services which are in any respect not of the quality which could reasonably be expected of a competent regulated person and includes any element of negligence in respect of or in connection with the services; and cognate expressions are to be construed accordingly

incidental financial business

regulated activities which may, as a result of Part XX of the Financial Services and Markets Act 2000 and rule 2 in Section C of the foregoing rules, be carried on by a practice unit without breaching the general prohibition and includes, without limitation, insurance mediation activity, long-term care insurance mediation activity and mortgage mediation activity, all as defined in that rule 2

incorporated practice

a body corporate recognised by the Council in terms of section 34(1A) of the 1980 Act and rule 5 in Section D of the foregoing rules as being suitable to undertake the provision of professional services such as may be provided by solicitors

licensed provider

licensed legal services provider construed in accordance with Part 2 of the Legal Services (Scotland) Act 2010

limited liability partnership

a body corporate incorporated under the Limited Liability Partnerships Act 2000

manager

a sole practitioner, a partner in a firm of solicitors, a member or director of an incorporated practice which is a company, a member of an incorporated practice which is a limited liability partnership; a member of a multi-national practice; or a solicitor, registered European lawyer or registered foreign lawyer who is either (a) a partner in a licensed provider which is a partnership; (b) a member or director of a licensed provider which is a company; or (c) a member of a licensed provider which is a limited liability partnership;

 

provided that

 

(i) for the purposes of rule 7.1 in Section B of the foregoing rules; and (ii) for the purposes of rule 3.1.3 in Section A of the foregoing rules but only in so far as same relates to the application of that rule 7.1, 'manager' shall be construed so as to include persons held out to the public as a manager regardless of their actual status provided that a regulated person shall not be regarded as so held out by reason only (a) that he is a member of a multi-national practice which is not a Scottish multi-national practice; or (b) that he practises only as a consultant or associate to a practice unit or that he uses his own name when carrying out work for a practice unit of which he is an employee (provided that, in all cases, if his name appears on the nameplate and professional stationery of a practice unit his status and designation are unambiguously stated thereon in compliance with rule 2.3 in Section D of the foregoing rules)

Member State

a member state of the European Union

multi-national practice

(a) a partnership whose members are regulated persons and include registered foreign lawyers; or

(b) a body corporate whose members include registered foreign lawyers, and membership of which is restricted to regulated persons

practice unit

a sole practitioner, firm of regulated persons, incorporated practice, multi-national practice or licensed provider

practice year

the year commencing on 1st November and ending on the subsequent 31st October

practising certificate

(a) in relation to a solicitor, a certificate issued by the Council in accordance with the provisions of Part II of the 1980 Act authorising a person to practise as a solicitor; or

(b) in relation to a registered European lawyer or a registered foreign lawyer, the relevant certificate of registration

practising solicitor

a solicitor who holds a practising certificate under the 1980 Act

principal place of business

the principal place of business of a multi-national practice as determined by the Council in terms of rule 8.2 in Section D of the foregoing rules

registered European lawyer

a person registered with the Society in accordance with regulation 17 of the European Lawyer Regulations

registered foreign lawyer

a foreign lawyer who is registered under section 60A of the 1980 Act

rights of audience

a right of audience in the Court of Session, the Supreme Court and the Judicial Committee of the Privy Council or, as the case may be, the High Court of Justiciary and the Judicial Committee of the Privy Council

Scottish multi-national practice

a multi-national practice having its principal place of business in Scotland

Scottish practice

the practice of a multi-national practice which is not a Scottish multi-national practice in so far as that multi-national practice is acting in pursuance of the practice carried on in or from Scotland (or which is carried on outwith Scotland but which relates to a Scottish matter) of any solicitor, registered European lawyer, member body or registered foreign lawyer who is a member of that multi-national practice

Secretary

the Secretary of the Society or any person authorised by the Council to act on behalf of the Secretary for the purposes of any of the foregoing rules

Society

the Law Society of Scotland

solicitor

any person enrolled as a solicitor in pursuance of the 1980 Act

solicitor advocate

a solicitor who has been granted rights of audience

Superior Court

the Court of Justice of European Communities, European Court of Human Rights, Court of Session, the Supreme Court, the Judicial Committee of the Privy Council and the High Court of Justiciary

unrestricted practising certificate

(i) where the context relates to the practising certificate of a solicitor, such a certificate free of conditions imposed in terms of section 15 or other relevant sections of the 1980 Act or any regulations made thereunder, or by the Scottish Solicitors' Discipline Tribunal or by the Court of Session; or

(ii) where the context relates to the practising certificate or certificate of registration of a registered European lawyer or of a registered foreign lawyer, such a certificate free of conditions imposed in terms of section 24C or other relevant sections of the 1980 Act or any regulations made thereunder, or by the Scottish Solicitors' Discipline Tribunal or by the Court of Session

unsatisfactory professional conduct

professional conduct which is not of the standard which could reasonably be expected of a competent and reputable regulated person but which does not amount to professional misconduct and which does not comprise merely inadequate professional services; and cognate expressions are to be construed accordingly