Regulation 3 Amendment of the principal Regulations

at the beginning there shall be inserted “(1)”;

for the definitions of “counsel” and of “junior counsel”, there shall be substituted–

• ““counsel”includes a solicitor-advocate;

• “junior counsel” includes a junior solicitor-advocate;”; and

for the definition of “rights of audience solicitor” to the end, there shall be substituted–

• ““right of audience” means, in relation to a solicitor, a right of audience in the High Court of Justiciary which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980(^f2);

• “senior counsel” includes a senior solicitor-advocate, except in paragraph (2) below;

• “solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (2) below;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

(2)

For the purposes of these Regulations, a solicitor-advocate shall be–

(a)

a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the proceedings relate to a prosecution or conviction for murder or where the Board has authorised the employment of senior counsel under regulation 14(1)(a) or (2) below;

(b)

a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has authorised the employment of senior counsel in the case.”.