European Services Directive
Directive 2006/123 seeks to improve access to services throughout the European Union. It requires Member States to remove unjustifiable or discriminatory requirements affecting the setting up or carrying on of a relevant service activity in that country.
The Services Directive is implemented into national law via the Provision of Services Regulations 2009. The Department for Business Innovation & Skills has produced Guidance for Business on the Provision of Services Regulations.
Introduction
The operation of the Law Society of Scotland is generally governed by:
The Solicitors (Scotland) Act 1980
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
The Legal Profession and Legal Aid (Scotland) Act 2007
The Legal Services Act 2007
Traditional Application on Paper Forms
Application Forms may be downloaded from this site or alternatively are available from the Society in Paper Form on request using the contact details below.
Paper applications should be submitted to the address in the contact details below with the necessary supporting documents outlined in the application form and relevant guidance. Where paying by cheque, a cheque for the appropriate fee specified in the application form (made payable to the Law Society of Scotland) should accompany the application.
Electronic Application
Downloaded forms which have been completed electronically should be submitted to the e-mail address in the contact details below with the necessary supporting documents outlined in the application form and relevant guidance as scanned attachments. In particular please note that a qualified digital signature as described below must be embedded in the application document.
As outlined in the relevant application forms the Society will require to complete Disclosure Scotland application forms following the procedure below. Unfortunately there is no facility for electronic submission of such forms at present.
Requirements for applicants to vouch identity, qualifications, experience or other status as well as traditional signature or qualified digital signature as a matter of public policy and security.
The licences to operate issued under this section carry a significant "trusted status" with the Scottish and wider public. These rights also confirm privileged access to children and vulnerable adults as well as to the Scottish courts and prisons. In the interests of the protection of the public it is essential that no licence to operate is issued by default or in the absence of the completion of the necessary process and checks.
Target Times for Processing Applications
The Law Society of Scotland aim to process applications outlined in this section within 90 days of receipt of all relevant documentation including the application form, supporting documentation, the relevant payment and the Disclosure Scotland report. For the avoidance of doubt the 90 day period will not commence until the last item has been received.
No "Deemed Grant" of Applications Processed Out of Time
The licences to operate issued under this section carry a significant "trusted status" with the Scottish and wider public. These rights also confirm privileged access to children and vulnerable adults as well as to the Scottish courts and prisons. In the interests of the protection of the public it is essential that no licence to operate is issued by default or in the absence of the completion of the necessary process and checks. Accordingly there shall be no "deemed grant" in the event that the Society fail to comply with the above specified target timescale for granting or refusing applications.
Signatures
Traditional Signature on a Paper Form - the licences to operate issued under this section carry a significant "trusted status" with the Scottish and wider public. These rights also confirm privileged access to children and vulnerable adults as well as to the Scottish courts and prisons. In the interests of the protection of the public it is essential that no licence to operate is issued without the Society being fully satisfied as to the identity of the applicant. A traditional signature on a paper form capable of comparison against a sample signature provided with identity documentation is one of the key identifiers.
Qualified Digital Signatures on Electronic Forms - the licences to operate issued under this section carry a significant "trusted status" with the Scottish public. These rights also confirm privileged access to children and vulnerable adults as well as to the Scottish courts and prisons. In the interests of the protection of the public it is essential that no licence to operate is issued without the Society being fully satisfied as to the identity of the applicant. A qualified digital signature issued by recognised and trusted provider and fully compliant with EU directive will be required for all electronic submission of application forms.
Payment of Fees
Fees may be paid by:
Cheque
Debit/Credit Card over the telephone
Debit/Credit Card through our secure online system -- login details giving access to the relevant payment area will be provided with e-mail invoicing for the required payment.
Disclosure Scotland
Where required in terms of the relevant application a Disclosure Scotland form will have to be completed. As mentioned above this is not currently technically possible electronically and where necessary you will be advised by e-mail so it might provide the necessary contact details for a paper form to be sent to you for completion. These forms are unique and cannot be faxed or e-mailed. Only a principal original document produced by Disclosure Scotland is acceptable in the traditional signature will be required on the paper form.
Contact Details
Enquiries and electronic applications - Registrar@lawscot.org.uk
Paper applications: The Registrar, The Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh EH3 7YR
Relevant "Licences to Operate" Issued by the Law Society of Scotland
Entrance
Applicants for an Entrance Certificate will generally have obtained a law degree including core subjects from one of the approved Universities followed by satisfactory completion of an approved one-year diploma course. Alternatively they may have completed the Law Society's entrance examinations.
Application form -- Guidance Notes
Admission
Applicants for admission as a member of the Society will generally have completed the entrance requirements above and in addition at least one year of training under an approved contract with a firm of Scottish solicitors recognised by the Society.
Application form -- Guidance Notes -- Rules -- EU Rules
Roll of Solicitors
Application to be retained on the roll/to be recognised as a non-practising member
Applicants for retention on the roll of Scottish solicitors or those seeking to be recognised as non-practising member will generally have completed the entrance and admission requirements above.
Application form -- Guidance Notes -- Statute
Practising Certificate Application
Applicants for Practising Certificates will generally have completed the entrance and admission requirements above.
Application form -- Guidance Notes -- Rules
Notary Public Application
Applicants for notary public status must hold a current Practising Certificate. The status of notary public is wholly dependent on holding a current Practising Certificate.
Application form -- Guidance Notes and Rules
Registered Foreign Lawyer Application
Applicants for Registered Foreign Lawyer status required to demonstrate their status in their own jurisdiction and an intention to act as a principal in a Scottish or multinational firm.
Application form -- Guidance Notes -- Rules
Registered European Lawyer Application
Applicants for Registered European Lawyer status required to demonstrate their status in their own jurisdiction
Application form -- Rules
Rights of Audience (Solicitor Advocate) Application
Applicants for Rights of Audience in the higher courts require to hold a current Practising Certificate.
Application form -- Guidance Notes -- Rules
Application to be accredited as a Specialist
Applicants to be accredited as Specialist in the accredited areas of work require to hold a current practising certificate.
Application form -- Guidance Notes
Application to be accredited as a Mediator
Applicants to be accredited as Mediators in the accredited areas of work required to hold a current practising certificate
Application form -- Guidance Notes -- Statute
Application to be Recognised as an Incorporated Practice
Applicants to be recognised as Incorporated Practice is required to demonstrate that they all the necessary Practising Certificates, insurance and that the firm name is acceptable to the Society. Where appropriate the memorandum and articles of association require to restrict membership to Solicitor members of the Society
Application form -- Guidance Notes -- Rules
Application to be Recognised as a Multinational Practice
Applicants to be recognised as Multinational Practice require to demonstrate that the partners hold either full status or Registered Foreign Lawyer status and are in good standing in each of the relevant jurisdictions. There needs to be a clear statement as to the location of the principal office.
Application form -- Guidance Notes -- Rules
