Rule A5 provides that the Council may waive practice rules except those specified in Schedule 2 to the rules.
The determination of applications for waiver of practice rules is a regulatory function in terms of the Solicitors (Scotland) Act 1980 and the Society has statutory obligations in relation to how that function is exercised. These are explained in the Society’s overarching waiver policy, which applies to the consideration of all applications for waiver.
Applications are considered and determined by sub-committees of the Regulatory Committee of the Council, constituted in accordance with section 3C of the 1980 Act and acting under delegation arrangements made by the Council and the Regulatory Committee in terms of sections 3B and 3A of that Act. Some applications may also be considered and determined by authorised members of Society staff, acting under arrangements made by the relevant regulatory sub-committee under section 3A.
Applications for waiver should be made on the relevant form.
More information about the waiver application process, information requirements or decision making criteria in respect of applications for waiver of certain rules is included in the Advice and Information relevant to the rules in question.