Rule A3: Application

3.1 Save where and to the extent stated to the contrary in any of these rules:

3.1.1 if you are a solicitor the following rules apply to you:

(a) all rules in Section A;

(b) rules 1 and 8.3 in Section B;

(c) rules 1, 3 and 9 in Section D;

3.1.2 if you are a practising solicitor the following rules apply to you:

(a) all rules in Section A;

(b) all rules in Section B save for rules 5 and 7;

(c) all rules in Section D save for rules 2.2, 2.3, 4, 5, 6 and 7;

3.1.3 if you are a practising solicitor who is a manager the following rules apply to you:

(a) all rules in Section A;

(b) all rules in Section B;

(c) all rules in Section D save for rules 6 and 7;

3.1.4 if you are a practising solicitor (including, for the avoidance of any doubt, a manager):

(a) conducting cross-border practice, then rule 1 in Section C shall also apply to you;

(b) seeking to carry on or carrying on incidental financial business, then rule 2 in Section C shall also apply to you;

(c) seeking to provide or providing legal aid, then rule 3 in Section C shall also apply to you;

(d) seeking to exercise or exercising rights of audience, then rule 4 in Section C shall also apply to you;

3.1.5 if you are a European lawyer seeking registration as a registered European lawyer then all rules in Section A and rule 6 in Section D apply to you;

3.1.6 if you are a registered European lawyer then the same rules apply to you as would apply to a practising solicitor of equivalent status engaged in the same work save that:

(a) rule 7 in Section B, rules 4.1 and 4.2 in Section C and rule 1 in Section D shall not apply to you;

(b) rule 6 in Section D shall also apply to you;

(c) in their application to you these rules shall be construed subject to any contrary provision contained in the Directive, the European Lawyer Regulations or rule 6 in Section D;

3.1.7 if you are a foreign lawyer seeking registration as a registered foreign lawyer then all rules in Section A and rule 7 in Section D apply to you;

3.1.8 if you are a registered foreign lawyer the following rules apply to you:

(a) all rules in Section A;

(b) rules 1, 6 & 7 in Section B;

(c) rules 3, 4, 7, 8.2 and 9.1 in Section D;

3.1.9 if you are a registered foreign lawyer acting in pursuance of the Scottish practice of a multi-national practice the following rules apply to you, insofar as you are so acting:

(a) all rules in Section A;

(b) all rules in Section B save for rules 4, 5, 8.3 and 8.4;

(c) rules 3, 4, 7, 8.2 and 9 in Section D;

3.1.10 if you are a registered foreign lawyer who is a member of a Scottish multi-national practice the following rules apply to you:

(a) all rules in Section A;

(b) all rules in Section B save for rule 8.4.2;

(c) all rules in Section D save for rules 1, 2.1, 6 and 8.1;

3.1.11 if you are a registered foreign lawyer conducting cross-border practice, then rule 1 in Section C shall also apply to you;

3.1.12 if you are a registered foreign lawyer who is a member of a Scottish multi-national practice seeking to carry on or carrying on incidental financial business, then rule 2 in Section C shall also apply to you;

3.1.13 if you are a practice unit (excepting (i) a multi-national practice which is not a Scottish multi-national practice; and (ii) a licensed provider) the same rules apply to you as would apply to a practising solicitor who is also a manager engaged in the same work save that:

(a) rule 4 in Section C and rules 1, 2.1 and 2.2 in Section D shall not apply to you; and

(b) rule 5 in Section D shall only apply to you if you are, or seek to form, an incorporated practice;

3.1.14 if you are a multi-national practice which is not a Scottish multi-national practice but which is acting in pursuance of a Scottish practice the following rules apply to you insofar as you are so acting:

(a) all rules in Section A;

(b) all rules in Section B save for rules 4, 5, 8.3 and 8.4;

(c) rules 3, 4, 8, and 9 in Section D;

(d) when conducting cross-border practice, rule 1 in Section C;

(e) when seeking to provide or providing legal aid, rule 3 in Section C.

3.2 Subject to rule 3.3, where any of these rules apply (or are stated to apply) to a practice unit the managers of the practice unit shall ensure that the practice unit complies with same and the relevant rules shall also apply to the managers of the practice unit.

3.3 Reference in any of these rules to a multi-national practice shall not, of itself, apply that rule to any registered foreign lawyer who is a member of that multi-national practice where that rule would not otherwise apply to him. However, where any of these rules applies to a multi-national practice, no registered foreign lawyer or other regulated person who is a member of that multi-national practice (or of a member body of that multi-national practice) shall cause or knowingly permit that multi-national practice not to comply with that rule so far as it is applicable to that multi-national practice, even where that rule or regulation does not apply to him.

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