Rule B8.3: Industrial Action

8.3.1 In this rule 8.3, unless the content otherwise requires, terms listed in the first column of rule 8.3.1 shall have the meanings respectively ascribed to them in the second column of that rule:




the civil and criminal courts in Scotland, the Supreme Court, the Judicial Committee of the Privy Council, the Court of Justice of the European Communities and the European Court of Human Rights


a ''trade dispute'' as defined in section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992

industrial action

an act done or taken by a regulated person in contemplation or furtherance of a dispute


8.3.2 Subject to rules 8.3.3 and 8.3.4, you may take industrial action.

8.3.3 Notwithstanding that you are taking or have taken industrial action, you will (a) fulfil your professional duties to the courts or to the Scottish Parliament and to the Parliament of the United Kingdom of Great Britain and Northern Ireland, and (b) fulfil any personal obligation undertaken by you other than an obligation which is imposed upon you under the terms and conditions of your employment.

8.3.4 Notwithstanding that you are about to take, are taking or have taken industrial action, you will take all reasonable steps open to you to secure the consent of the appropriate body organising such industrial action to your acting as a regulated person (a) where a failure to do so could result in danger to any member or members of the public and (b) where a failure to do so would cause serious damage to a party other than your employer. 

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