Sections 35 and 43 of the Solicitors (Scotland) Act 1980 provide the statutory framework for the Society's Accounts Rules and Client Protection Fund (Guarantee Fund) including the provision of specific exemptions from these obligations in terms of Section 35(4) and Section 43(7).
Designated Body Criteria
The Society has recently reviewed its criteria in relation to section 35 and particularly in relation to Designated Bodies.
Members working in-house (as opposed to in private practice) should consider the flowchart criteria and satisfy themselves that they are properly entitled to exemption.
See Rule B6 in relation to the definition of “Client Money”
Members unable to satisfy themselves as to their exemption should not complete their annual membership renewal without contacting the Registrar team explaining the issue and seeking clarification of their position and fees payable. By renewing without comment you will have confirmed that you meet the section 35 exemption criteria.
For the avoidance of doubt those providing criminal law/court services to the public or anyone other than their employer are not eligible for designation.
The Practising Certificate Subcommittee have delegated authority from Council and the Regulatory Committee in relation to the interpretation of section 35, the flowchart criteria and any waiver application.