Committees and sub-committees of the Council
The Society's committees carry out valuable work looking at a
range of issues to do with improving the law and legal practice.
Three over-arching committees have been set up to cover the core
activity of the Society's work - representation and support;
regulation and standards; membership and registrar. These
committees are headed by group conveners.
Other new committees include the Finance Committee, which has been
separated out from the Audit Committee and supports the work of the
treasurer and helps to deliver the Society's financial strategy,
and the Nominations Committee, which promotes clear and open
recruitment methods for committee and convener appointments.
The Society has a code of conduct for its committee members
which can found to the right of this page.
Guide
- The Regulatory committee is 50/50 lay solicitor with a
non-solicitor chairperson
- All regulatory committees are 50/50 lay/solicitor
- Licensing/Registration includes RELs, RFLs, Incorporated
Practices, MNPs LPs
- Licensing/Registration has not yet been formed but will be
formed in due course
- All committees under the Regulatory Committee are
sub-committees
You may also want to view committee and
working party vacancies or committee
news.
Regulatory Committee
The aims and functions are to:
- ensure that standards for the profession are set by way of
making relevant and appropriate rules, to be applied in a uniform
and consistent way and regularly reviewed
- ensure on an ongoing basis that the internal processes,
policies and procedures adopted by Regulatory Sub Committees are
effective, appropriate and proportionate in order to ensure the
making of consistent regulatory decisions for the protection of the
public and the profession
- where any policy, process or procedural changes are not in the
authority of the Regulatory Committee to change, make
recommendations for any changes to the appropriate governance group
in the Society (e.g. Council; Board; Finance Committee; Chief
Executive)
- build and develop relations with all stakeholders to ensure
confidence in the work of the profession and the Society's
regulatory regime
- contribute to the Law Society of Scotland's overall strategy
and corporate plan including assisting the Chief Executive; Board
and the Council in making resourcing decisions
- create a plan of work for the Regulatory Committee based on the
Strategy and Corporate Plan and report progress on this to the
Board
- provide a written annual report to the Council and Board on the
work of the Committee and key regulatory issues
- submit all minutes of its meetings to Council on a timely
basis
- delegate regulatory functions to relevant sub-committees,
having created and sought approval for the remits of those
committees from Council
Sub-committees of the Regulatory Committee
The aims and functions are to:
- carry out the functions of the Council relating to the training
and admission of solicitors in terms of the appropriate
regulations;
- for that purpose, to perform such specific functions of the
Council as are assigned to it in terms of arrangements made by the
Council under s3A of the Solicitors (Scotland) Act 1980;
- advise the Regulatory Committee (on being requested to do so,
or of it's own motion) in connection with issues of policy or
principle relating to the foregoing matters; and
- from time to time to establish such sub-committees as are
necessary or desirable for the effective discharge of the above
functions;
- refer to the Regulatory Committee (with a recommendation as to
the action to be taken) any matter within its remit which it
considers is more appropriate to be dealt with by that
Committee.
The aims and functions are to:
- instruct, receive and consider all reviews under the Quality
Assurance Scheme
- instruct formal notification of a practice unit's pass or fail
under the Scheme
- foster/encourage good practice in the provision of quality
assured services
- ensure consistency in the peer review process
- appointment, re-appointment, dismissal or termination of
contract, training and monitoring of Reviewers
- ratify any recommendation made by Reviewer(s)
- receive and consider applications for compliance
certificates
- gather statistics and analysing trends from the quality
assurance process
- consider whether to make a recommendation to. the Professional
Conduct Committee of the Society
- consider requests by practice units for routine reviews at
their premises
The aims and functions are to:
- consider and determine complaints about service and or
allegations of professional misconduct arising from business
instructed before 1 October 2008
The aims and functions are to:
- consider and promote initiatives to improve client care
standards within the profession.
- give guidance and directions to relevant Committees and
thereafter review the handling of all aspects of complaints to
ensure transparency, consistency and balance.
- give guidance and direction to the complaints handling staff in
relation to policies and procedures for handling complaints.
- consider and deal with points of policy and principle arising
from specific cases and to give guidance as appropriate.
- review on an ongoing basis, issues of resource and budget for
the Regulation Liaison Team, Complaints Investigation Team and
Regulation Support Team of the Regulation and Standards
Department.
- consider on an ongoing basis relevant external relationships
including, but not exclusively, matters relating to the Scottish
Legal Complaints Commission, the Scottish Government and the Office
of the Immigration Services Commissioner.
- consider issues arising from client dissatisfaction with a view
to educating the profession as to:
- Dealing with dissatisfaction and complaint appropriately.
- Trying to avoid client dissatisfaction and complaints.
- Education on the policies and procedures of both the Society
and the Scottish Legal Complaints Commission.
The aims and functions are to:
- assure the quality of those admitted as solicitors in Scotland
by review of policy and standards for pre- and post-qualification
education and training
- assure quality of the components of solicitors'
pre-qualification education and training
- to make recommendations to the Regulatory Committee
The aims and functions are to:
The aims and functions of the Committee are to:
- oversee the fulfilment of the statutory obligations of the Law
Society of Scotland regarding the Guarantee Fund and Financial
Compliance
- ensure that risks to the Guarantee Fund are managed to an
agreed and acceptable level
- ensure that Guarantee Fund operations are in accordance with
stated Guarantee Fund policy
- protect the Guarantee Fund, the profession and the public
interest by dealing properly and promptly with significant cases of
non compliance with accepted Financial Compliance standards (eg:
Accounts Rules/Money Laundering Regulations)
- influence strategic developments regarding Financial Compliance
and the Guarantee Fund to ensure that processes remain up to date
and fit for purpose
- enable effective communications with the profession, public and
other stakeholders regarding Financial Compliance standards
and Guarantee Fund claims
- benefit the Guarantee Find/Financial Compliance processes by
acting as a source of expertise on relevant working practices and
issues within the legal profession
- monitor Financial Compliance activity (planning, progress,
quality & approach)
- review outputs from Financial Compliance activity (including
the conducting of interviews )and where appropriate (eg: as a
result of breaches in accounts rules or money laundering
regulations), refer matters of professional conduct to the
Solicitors Legal Complaints Commission and Complaints
Investigation Team for investigation or recommend other actions
(eg: Interventions, Judicial Factories etc) in accordance with the
Scheme of Delegation
- monitor the consistency and quality of Guarantee Fund claims
and intimations processing
- decide upon Guarantee Fund claims (as detailed in the Delegated
Powers) or refer to the Professional Conduct Committee, as
appropriate.
- consider and approve strategic policy matters related to
Financial Compliance and Guarantee Fund matters
- consider the continuing adequacy of accounts rules and other
guidance to protect the Guarantee Fund, the profession and the
public, monitor the development of new or amended rules and
recommend these for approval.
- review Financial Compliance activity to inform and influence
the profession, public and other stakeholders about relevant
financial standards, compliance requirements and claims issues
- monitor Guarantee Fund risk management procedures and
approve
- key policies related to insurance arrangements, financial
reserve levels, investment decisions and firms which pose a risk to
the fund
- monitor the financial position of the Guarantee Fund and
recommend approval of the annual budget and annual subscriptions to
Council
- be made aware of operational developments in the workings of
the Financial Compliance and Guarantee Fund functions
The aims and functions are to:
- put in place the Society's regulatory regime as a Designated
Professional Body in terms of the Financial Services & Markets
Act 2000
- liaise with the FSA in relation to this regime and in relation
to those firms which have direct authorisation from the FSA
The aims and functions are to:
- consider complex applications for Practising Certificates or
entrance/removal from the Roll which are not dealt with by the
Admissions Committee or administratively by the Registrar's
department
- consider appeals from the admissions committee.
The aims and functions are to:
- decide whether complaints alleging professional misconduct
require referral to the SSDT and determination of matters of
unsatisfactory professional conduct arising in the post 1st October
2008 system - Sections 42 ZA and 51 1980 Act;
- consider recommendations from the Guarantee Fund Committee to
refuse in whole or part grants exceeding £ 1,000 - Sect 43 1980
Act
The aims and functions are to:
- decide whether complaints alleging professional misconduct
require referral to the SSDT and determination of matters of
unsatisfactory professional conduct arising in the post 1st October
2008 system - Sections 42 ZA and 51 1980 Act;
- consider recommendations from the Guarantee Fund Committee to
refuse in whole or part grants exceeding £ 1,000 - Sect 43 1980
Act
The aims and functions are to:
- make recommendations to the Regulatory Committee on the
Practice Rules made under S34 of the Solicitors (Scotland) Act 1980
either in relation to new matters or to update existing rules in
the light of changed circumstances
- consider applications for waivers from the Rules.
The aims and functions are to:
- carry out the functions of the Council relating to extended
rights of audience as set out in S25A of the Solicitors (Scotland)
Act 1980 and relevant Practice Rules
Non-regulatory Committees
The aims and functions are to:
- promote access to justice for the public
- identify barriers to access to justice and, where possible,
work alone or with others to identify or implement solutions
- monitor the supply of publicly funded legal assistance across
Scotland, encouraging greater coordination of services
- identify opportunities to promote Pro Bono work
- build the Society's relationship with law centres, Part V
solicitors, and other advice providers
- examine how a range of funding sources for, and providers of,
legal advice can be encouraged
- liaise and negotiate with external organisations such as
Scottish Government, Citizens Advice and others
- collaborate with other LSS Committees, including Civil Justice,
the civil Legal Aid negotiating team, Mental Health and Disability,
Equality and Diversity and Human Rights and Discrimination.
The aims and functions are to:
- review and where appropriate challenge the policies and
procedures of the Society; the actions and judgement of the
Society's executive, office bearers, Council and committee members
in relation to the Society's affairs; the Society's reporting
systems, internal controls and governance and risk management
arrangements.
- oversee the Society's relations with its auditor
The aims and functions are to:
- promote the interests of solicitors by examining and
questioning the current methods used to resolve all civil
disputes
- include a review of:
- the organisation of the Civil Courts
- use of information technology
- representation by solicitors at tribunals
- speculative and contingency actions and the insurance cover
available
- the efficiency of the Courts and the roles of the regular
users
The aims and functions are to:
- advise the Council and the profession on criminal law matters;
to promote its reform; to respond to proposals for reform from
bodies including the Government and to enhance the profile of
criminal law, encouraging best practice and professional
ethics.
- improve the criminal law both practice and procedure in the
Scottish legal system for the benefit of the public and the
profession through lobbying for change and through responding
effectively to criminal law reform proposals from Westminster,
Holyrood, Brussels and beyond.
- advance the Law Society of Scotland as a key in improving,
commenting and analysing proposals for criminal law which emanate
from the UK Parliament and UK Ministries, the Scottish Parliament
and Scottish Government, the EU Commission and EU Parliament.
The aims and functions are to:
- negotiate with Scottish Government (SG), the Scottish Legal Aid
Board (SLAB) and other relevant organisations on criminal Legal Aid
issues
- monitor and evaluate the outcomes of summary and solemn
reforms
- communicate effectively the Society's work on Legal Aid
- Any other work necessary to deal with Legal Aid issues
affecting criminal practitioners
The aims and functions are to:
- assure the quality of those admitted as solicitors in Scotland
by review of policy and standards for pre- and post-qualification
education and training and to make recommendations to Council
- promote greater awareness of the education and training
strategy of the Society
- play a leading role in all thinking about legal education and
training in Scotland
- represent vigorously the Society's views to all other
interested bodies, including the government and the
universities
The aims and functions are to:
- set, form & guide the policy and actions of The Law Society
of Scotland in relation to equality and diversity
- offer guidance and support to the Society and the Head of
Diversity
- offer guidance on specific issues to Council and Committees of
the Society, when requested to do so
- identify key priorities and key risks for the Society in
relation to equality and diversity
- provide a forum for debate and best practice on issues of
equality and diversity
The aims and functions are to:
- review and finalise the annual budget, in consultation with the
Board, Audit Committee and senior management team, for presentation
to the Council
- review and, where appropriate, put forward proposals for the
alteration of practising certificate fees and subscription levels
and bandings
- review the monthly management accounts and make appropriate
recommendations
- review the Society's annual accounts and, subject to audit and
scrutiny by the Audit Committee, approve them for submission to the
Council
- keep under review the level and nature of the Society's own
banking arrangements, investments, borrowings and insurance cover
(excluding that relating to insurance of the profession) and take
action where necessary or desirable
- determine financial controls and propose innovations in
financial management
- maintain a register of key risks in relation to finance and
resources
- set policy and supervise the procurement process of the
Society, including approving the individual award of contracts
above a certain threshold amount, as set by the Finance
Committee
- provide advice on any other matters referred to it by the
Board, Audit Committee, senior management team, or Council
- report on monthly accounts to the Board
- produce an annual report to the Board and Council
- make a recommendation to the Council on the budget for the
coming year
- make a recommendation to the Council on the practising
certificate, and other fees, for the coming year
The objectives of the group are to:
- improve and strengthen the links within the Society
between solicitors in private practice - and those employed in
public service and commerce
- promote the interests and status of solicitors enrolled
in Scotland and employed in public service and commerce
- encourage and develop the better training of solicitors
in the group
The aims and functions are to:
- consider applications (new and renewal) for an insolvency
licence
- grant such licences with or without conditions or to refuse to
grant such licences
The aims and functions are to:
- negotiate the commercial terms of the PII arrangements for
those members in private practice via the insurance brokers with
the insurers
- conduct the tender for the brokerage and administration of the
current Master Policy arrangements
- put in place an annual risk management programme for members
via the brokers
- liaise with the SLCC with respect to its oversight function of
the PII arrangements for those members in private practice
The aims and functions are to:
- run the system for the selection for Conveners of Committees
which report to the Council
- run the system for the selection of Board members who put
themselves forward for the elected Board positions
- oversee the systems for the selection of Committee members for
those Committees which report to Council
The aims and functions are to:
- advise solicitors on all professional practice and conduct
matters, encouraging progressive working methods in the process, so
that the profession's standing as advisers to the public may be
enhanced;
- keep under review existing rules and guidelines to consider
whether they are still relevant in the light of current
conditions;
- Identify issues which may need to be addressed by new rules or
guidelines and consult with the profession on those
- consider and make recommendations to Council on new practice
rules
- issue new practice guidelines as required
- consider waiver requests in terms of delegated powers
The aims and functions are to:
- consider matters relating to the law and practice of
conveyancing
- where appropriate, to provide guidance and information to the
profession
The aims and functions are to:
- seek to improve the profession's income through monitoring
solicitors cost rates, the market place and fees charged, including
the effect of written fee charging agreements; to raise awareness
of new types of remunerative business
- make representations to LPAC for periodical increases in
Judicial Expenses
The aims and functions are to:
- consider matters relating to the technology law and/or
practice, and where appropriate
- to provide guidance and information to the profession as it
relates to all areas of their professional practice
Law Reform Committee
The committees aims and functions are to:
- The Committee seeks to fulfil the Section 1 objectives of the
promotion of the interests of the solicitors' profession and
promote the interests of the public in relation to that profession
through engagement in the law reform process
- improve the law in the Scottish legal system for the benefit of
the public and the profession through lobbying for change and
through responding effectively to law reform proposals from
Westminster, Holyrood, Brussels and beyond
- advance the Law Society of Scotland as a key in improving,
commenting and analysing proposals for law reform which emanate
from the UK Parliament and UK Ministries, the Scottish Parliament
and Scottish Government, the EU Commission and EU Parliament
Law Reform Sub-committees