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Act of Sederunt (Regulation of Advocates) 2011

S.S.I. 2011/312 · Made 26 August 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Made 26th August 2011

Laid before the Scottish Parliament 30th August 2011

Coming into force 27th September 2011

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 5 of the Court of Session Act 1988f1 and sections 120 and 121 of the Legal Services (Scotland) Act 2010f2 and all other powers enabling them in that behalf, and having consulted the Faculty of Advocates in accordance with the said section 121, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1988 c.36. Section 5 was amended by section 2(3) of the Civil Evidence (Scotland) Act 1988 (c.32), Schedule 9 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), paragraph 5 of Schedule 4 to the Children (Scotland) Act 1995 (c.36), section 14(1) of the Vulnerable Witnesses (Scotland) Act 2004 (asp 3) and section 46(3) of the Judiciary and Courts (Scotland) Act 2008 (asp 6).

f2

2010 asp 16.

Contents

  1. 1Citation and commencement
  2. 2Admission to the office of advocate
  3. 3Removal from the office of advocate
  4. 4Professional practice, conduct and discipline
  5. Signature
  6. Explanatory note

1Citation and commencement

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Regulation of Advocates) 2011 and comes into force on 27th September 2011.

(2)

A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

2Admission to the office of advocate

(1)

A person is to be admitted to the office of advocate if the person meets criteria prescribed in rules made by the Faculty of Advocates.

(2)

An application for admission is to be made by petition to the court.

(3)

On presentation of the petition, the court is to pronounce an interlocutor remitting to the Faculty to assess whether the petitioner meets the criteria for admission and to report accordingly to the court.

(4)

Rule 57.3 of the Rules of the Court of Session 1994f1 (admission as advocate) is revoked.

3Removal from the office of advocate

(1)

A person is to be removed from the office of advocate if the person meets criteria prescribed in rules made by the Faculty of Advocates.

(2)

An application for removal is to be made by petition to the court.

4Professional practice, conduct and discipline

The professional practice, conduct and discipline of advocates are to be regulated by rules made by the Faculty of Advocates.

Signature

A.C. HAMILTON

Lord President

I.P.D.

Edinburgh

26th August 2011

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes provision in consequence of the enactment of Chapter 2 of Part 4 of the Legal Services (Scotland) Act 2010 concerning—

(a)

admission to and removal from the office of advocate;

(b)

the professional practice, conduct and discipline of advocates.