Rule D6: Registration of European Lawyers

Definitions

6.1 In this rule 6, unless the context otherwise requires, terms listed in the first column of rule 6.1 shall have the meanings respectively ascribed to them in the second column of that rule:           

Term

Definition

applicant

a European lawyer who wishes to pursue professional activities under his home professional title on a permanent basis in Scotland and who wishes to apply pursuant to regulation 16 of the European Lawyer Regulations to be entered on the register established and maintained by the Society pursuant to regulation 15 of the European Lawyer Regulations and section 12A of the 1980 Act

home State

the meaning given in paragraph (1) of regulation 2 of the European Lawyer Regulations

home professional title

the meaning given in paragraph (1) of regulation 2 of the European Lawyer Regulations

 

Purpose of regulations

6.2 The purpose of the European Lawyer Regulations is to implement the Directive in Scotland. This rule 6 makes provision in respect of applications for registration with the Society by European lawyers pursuant to regulation 16 of the European Lawyer Regulations and in respect of applications for, and the issue of, certificates of registration for registered European lawyers pursuant to section 24A of the 1980 Act.

Application for registration

6.3 An applicant shall apply in writing to the Society for registration by
completing (so far as applicable to him) and submitting an application in such form as the Council shall from time to time prescribe, and by making payment of such fee(s) as the Council shall from time to time prescribe.

Determination of application

6.4 The Council shall determine an application pursuant to rule 6.3 in accordance with the European Lawyer Regulations.

Entry on register and issue of certificate of registration to applicant

6.5 If the Council grants an application pursuant to rule 6.3 it shall:

(a) cause the name of the applicant to be entered on the register of European lawyers established and maintained by the Society pursuant to regulation 15 of the European Lawyer Regulations and section 12A of the 1980 Act; and

(b) subject always to the provisions of rules 6.8 and 6.9, cause a certificate of registration to be issued to the applicant.

Application for Certificate of Registration by Registered European Lawyer

6.6 A registered European lawyer who wishes to obtain a certificate of registration shall apply for the same by completing (so far as applicable to him) and submitting a form in such form as may be prescribed from time to time by the Council and by making payment of such fee(s) as the Council shall from time to time prescribe.

Issue of Certificate of Registration to Registered European Lawyer

6.7 Subject always to the provisions of rules 6.8 and 6.9 and to the
provisions of the 1980 Act and the European Lawyer Regulations in respect of withdrawal or suspension of registration the Council shall, on receipt of an application pursuant to rule 6.6 which has been duly completed and submitted, cause a certificate of registration to be issued to the registered European lawyer without delay. Any such certificate may, in accordance with the provisions of the 1980 Act, and in particular section 24C thereof, be issued subject to conditions.

Professional Indemnity Insurance

6.8 The Council shall not issue a certificate of registration to any applicant
making application pursuant to rule 6.3 or to any registered European lawyer making application pursuant to rule 6.6 unless he provides, along with his application:

(a) evidence that a certificate of professional indemnity insurance has been issued to him or to the practice unit in or for which he practises being insurance which is equivalent in terms of the conditions and extent of its cover to the professional indemnity insurance which is required of solicitors in Scotland by the Council; or

(b) evidence that he is covered by professional indemnity insurance taken out in accordance with the professional rules of his home State and that such insurance is equivalent in terms of the conditions and the extent of its cover to the insurance referred to in paragraph (a) of this rule 6.8; or

(c) where the insurance referred to in paragraph (b) of this rule 6.8 is less than equivalent in terms of the conditions and the extent of its cover to the insurance referred to in paragraph (a) of this rule 6.8, evidence of the conditions and extent of cover of professional indemnity insurance taken out in accordance with the professional rules of his home State and, to the extent of the lack of equivalence, evidence that a certificate of insurance has been issued as specified in paragraph (a) of this rule 6.8.

Guarantee Fund

6.9 The Council shall not issue a certificate of registration to any applicant making application pursuant to rule 6.3 or to any registered European lawyer making application pursuant to rule 6.6 unless he provides, along with his application:

(a) a contribution by him or by the practice unit in or for which he practises to the Society on behalf of the Guarantee Fund in terms of section 43 of, and Schedule 3 to, the 1980 Act; or

(b) evidence that he is covered by a guarantee taken out in accordance with the professional rules of his home State and that such guarantee is equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund; or

(c) where the guarantee referred to in paragraph (b) of this rule 6.9 is less than equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund, evidence of the conditions and extent of cover of the guarantee taken out in accordance with the professional rules of his home State and, to the extent of the lack of equivalence:

(i) a contribution as specified in paragraph (a) of this rule 6.9; or

(ii) evidence that a guarantee (other than such as is specified in paragraph (a) of this rule 6.9) has been issued to him or the practice unit in or for which he practises.

Register of Applications and Certificates of Registration Issued

6.10 The Council shall cause to be kept in respect of each practice year a register of applications for certificates of registration and of certificates issued. The register shall be in such form as the Council may determine.

6.11 Subject to the provisions of the 1980 Act and the European Lawyer Regulations in respect of withdrawal or suspension of registration, the duration of registration shall be until the end of the practice year current when the relevant application is granted.

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