Rule D7: Registration of Foreign Lawyers

Definitions

7.1 In this rule 7, unless the context otherwise requires, terms listed in the first column of rule 7.1 shall have the meanings respectively ascribed to them in the second column of that rule:

Term

Definition

applicant

a person who wishes to become a registered foreign lawyer or a registered foreign lawyer who wishes to renew his registration

home jurisdiction

a jurisdiction in which a foreign lawyer is a member of a legal profession

home professional title

a professional title used by a foreign lawyer as a member of a legal profession in his home jurisdiction

register

the register of foreign lawyers established and maintained by the Council pursuant to section 60(A)(2) of the 1980 Act, and "registered" and "registration" shall be construed accordingly

 

Application for registration

7.2 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 application fee(s) as the Council shall from time to time prescribe.

Requirements for registration

7.3.1 No applicant shall be registered unless:

(a) he has completed an application form in terms of rule 7.2;

(b) he has paid such application fee(s) as the Council has prescribed in accordance with rule 7.2;

(c) he is a foreign lawyer;

(d) he has satisfied the Council:

(i)   that he is a fit and proper person to be a registered foreign lawyer;

(ii)  that the legal profession of which he is a member is so regulated as to make it appropriate for the applicant to be registered for the relevant purpose; and

(iii)  that he is, or will on registration become, a manager of a multi-national practice or have an interest in a licensed provider as a solicitor investor in terms of section 67(6) of the Legal Services (Scotland) Act 2010; 

(e) he provides such evidence as may be required by the Council that he has satisfied its requirements as to the professional indemnity insurance cover required of registered foreign lawyers as they apply to him;

(f) he provides such evidence as may be required by the Council that he has satisfied its requirements as to the guarantee fund cover required of registered foreign lawyers as they apply to him;

(g) he is not an advocate and has made a declaration to that effect; and

(h) he is not a European Lawyer registered with the Society or the Faculty of Advocates, and has made a declaration to that effect. 

7.3.3 The Council shall consider an application pursuant to rule 7.3.1 as soon as is reasonably practicable, and shall notify the applicant of its decision within three months of receipt of that application.

7.3.4 If the Council does not notify the applicant of its decision within the period specified in rule 7.3.3, the applicant may, within three months of the end of that period, apply to the Court of Session which may, on such application, make such order as it sees fit.

Entry on register

7.4.1 If the Council grants an application pursuant to rule 7.3, it shall cause the name of the applicant to be entered on the register.

7.4.2 Subject to rule 7.5, the duration of registration shall be until the end of the practice year current when the relevant application is granted.

Removal from register

7.5 A person shall be removed from the register if he ceases to comply with any requirement set out in rule 7.3.1.

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