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  1. Home
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  3. Rules and guidance
  4. Table of contents
  5. About
  6. Preamble to Rules

Preamble to Rules

Rules dated 27 May 2011, made by the Council of the Law Society of Scotland under:

(a) in the case of all rules in Section A of these rules (save for rules 3.1.5, 3.1.6, 3.1.7 to 3.1.12 (inclusive), 3.1.14 and 3.3 in that Section), all rules in Section B of these rules (save for rules 6, 7 and 9 in that Section), all rules  in Section C of these rules (save for rules 2 and 4 in that Section) and all rules in Section D of these rules (save for rules 6, 7 and 9 in that Section), section 34(1) of the Solicitors (Scotland) Act 1980 (in this preamble "the Act") and approved by the Lord President of the Court of Session ("the Lord President") in terms of section 34(3) of the Act;

(b) in the case of rule 3.1.5 in Section A of these rules and rule 6 in Section D of these rules, regulation 16 of the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 (SSI 2000 No.121) and section 24A of the Act;

(c) in the case of rule 3.1.6 in Section A of these rules, sections 34(1), 35(1), 37(6) and 43 of, and Schedule 3 to, the Act and approved by the Lord President in terms of section 34(3) of the Act;

(d) in the case of rules 3.1.7 in Section A of these rules and rule 7 in Section D of these rules, section 60A(2) of the Act and approved by the Lord President in terms of section 34(3) of the Act;

(e) in the case of rules 3.1.8 to 3.1.12 (inclusive), 3.1.14 and 3.3 in Section A of these rules, sections 34, 35, 36 and 37 of, and paragraphs 4(1) and (4) of Schedule 3 to, the Act and approved by the Lord President in terms of section 34(3) of the Act; and also with the concurrence of the Lord President in terms of sections 5 and 44 of the Act;

(f) in the case of rule 6 in Section B of these rules, sections 34(1), 35(1), 37(6) and 43 of, and paragraph 4(4) of Part 1 of Schedule 3 to, the Act and approved by the Lord President in terms of section 34(3) of the Act;

(g) in the case of rule 9 in Section B of these rules, section 34(1D) of the Act and approved by the Lord President in terms of section 34(3) of the Act;

(h) in the case of rule 7 in Section B of these rules, section 44 of the Act with the concurrence of the Lord President in terms of the section;

(i) in the case of rule 2 in Section C of these rules, section 34(1) of the Act and approved by the Lord President in terms of section 34(3) of the Act and by the Financial Services Authority in terms of section 332(5) of the Financial Services and Markets Act 2000;

(j) in the case of rules 4.1 and 4.2 in Section C of these rules, section 25A(4) of the Act and approved by the Lord President in terms of section 34(3) of the Act and by the Scottish Ministers (following consultation with the Office of Fair Trading) in terms of sections 25A(9) and 64B of the Act;

(k) in the case of rule 4.3 in Section C of these rules, section 25A(6) of the Act and approved by the Lord President in terms of section 34(3) of the Act;

(l) in the case of rule 4.4 in Section C of these rules, section 25A(5) of the Act  and approved by the Lord President in terms of section 34(3) of the Act and by the Scottish Ministers (following any consultation with the Office of Fair Trading required in terms of section 25A(11) of the Act) in terms of section 64B of the Act; and

(m) in the case of rule 9 in Section D of these rules, section 34 of the Act and approved by the Scottish Ministers (following consultation with the Office of Fair Trading) in terms of section 34(3A) of the Act.

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Additional

  • About

In this section

  • Purpose and Status of Guidance
  • Preamble to Rules
  • Schedule 2 to the Rules - Rules not capable of waiver
  • Schedule 3 to the Rules – Revocations
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