Rule D6: Registration of European Lawyers
Definitions
6.1 In this rule 6, unless the context
otherwise requires, terms listed in the first column of rule 6.1
shall have the meanings respectively ascribed to them in the second
column of that
rule:
Purpose of regulations
6.2 The purpose of the European
Lawyer Regulations is
to implement the Directive in Scotland. This
rule 6 makes provision in respect of applications for registration
with the Society by European lawyers pursuant
to regulation 16 of the European
Lawyer Regulations and
in respect of applications for, and the issue of, certificates of
registration for registered European
lawyers pursuant to section 24A of the 1980 Act.
Application for registration
6.3 An applicant shall apply in writing to
the Society for registration by
completing (so far as applicable to him) and submitting an
application in such form as the Council shall from time to time
prescribe, and by making payment of such fee(s) as
the Council shall from time to time
prescribe.
Determination of application
6.4 The Council shall determine an
application pursuant to rule 6.3 in accordance with the European
Lawyer Regulations.
Entry on register and issue of certificate of
registration to applicant
6.5 If the Council grants an application
pursuant to rule 6.3 it shall:
(a) cause the name
of the applicant to be entered on the register of European
lawyers established and maintained by the Society pursuant to regulation 15
of the European
Lawyer Regulations and
section 12A of the 1980 Act; and
(b) subject
always to the provisions of rules 6.8 and 6.9, cause
a certificate of
registration to be issued to the applicant.
Application for Certificate of
Registration by Registered European
Lawyer
6.6 A registered European
lawyer who wishes to obtain a certificate of
registration shall apply for the same by
completing (so far as applicable to him) and submitting a form in
such form as may be prescribed from time to time by
the Council and by making payment of
such fee(s) as the Council shall from time to time
prescribe.
Issue of Certificate of
Registration to Registered European
Lawyer
6.7 Subject always to the provisions of
rules 6.8 and 6.9 and to the
provisions of the 1980 Act and the European
Lawyer Regulations in
respect of withdrawal or suspension of registration the
Council shall, on receipt of an
application pursuant to rule 6.6 which has been duly completed and
submitted, cause a certificate of
registration to be issued to the registered European
lawyer without delay. Any such certificate may,
in accordance with the provisions of the 1980 Act, and in
particular section 24C thereof, be issued subject to
conditions.
Professional Indemnity Insurance
6.8 The Council shall not issue
a certificate of
registration to any applicant
making application pursuant to rule 6.3 or to
any registered European
lawyer making application pursuant to rule 6.6
unless he provides, along with his application:
(a) evidence
that a certificate of professional indemnity insurance has been
issued to him or to the practice unit in or for
which he practises being insurance which is equivalent in terms of
the conditions and extent of its cover to the professional
indemnity insurance which is required of solicitors in Scotland by the
Council; or
(b) evidence
that he is covered by professional indemnity insurance taken out in
accordance with the professional rules of his home State and that
such insurance is equivalent in terms of the conditions and the
extent of its cover to the insurance referred to in paragraph (a)
of this rule 6.8; or
(c) where the
insurance referred to in paragraph (b) of this rule 6.8 is less
than equivalent in terms of the conditions and the extent of its
cover to the insurance referred to in paragraph (a) of this
rule 6.8, evidence of the conditions and extent of cover of
professional indemnity insurance taken out in accordance with the
professional rules of his home State and, to the extent of the lack
of equivalence, evidence that a certificate of insurance has been
issued as specified in paragraph (a) of this rule 6.8.
Guarantee Fund
6.9 The Council shall not issue a
certificate of
registration to any applicant making application
pursuant to rule 6.3 or to any registered
European lawyer making application
pursuant to rule 6.6 unless he provides, along with his
application:
(a) a
contribution by him or by the practice unit in or for
which he practises to the Society on behalf of the
Guarantee Fund in terms of
section 43 of, and Schedule 3 to, the 1980 Act; or
(b) evidence that
he is covered by a guarantee taken out in accordance with the
professional rules of his home State and that such
guarantee is equivalent in terms of the conditions and the
extent of its cover to the Guarantee Fund; or
(c) where the
guarantee referred to in paragraph (b) of this rule 6.9 is less
than equivalent in terms of the conditions and the extent of its
cover to the Guarantee Fund, evidence
of the conditions and extent of cover of the guarantee taken
out in accordance with the professional rules of his home
State and, to the extent of the lack of equivalence:
(i) a contribution as specified in
paragraph (a) of this rule 6.9; or
(ii) evidence that a guarantee
(other than such as is specified in paragraph (a) of this rule 6.9)
has been issued to him or the practice unit in or for
which he practises.
Register of Applications and Certificates of
Registration Issued
6.10 The Council shall cause to be kept in
respect of each practice year a register of
applications for certificates of
registration and of certificates issued. The
register shall be in such form as the Council may determine.
6.11 Subject to the provisions of the
1980
Act and the European
Lawyer Regulations in
respect of withdrawal or suspension of registration, the duration
of registration shall be until the end of the practice year current when
the relevant application is granted.
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