RIGHTS OF AUDIENCE (CIVIL ) 2002 (REVISED)

GENERAL NOTES:

1. This document is a copy of the (SCOTLAND) (RIGHTS OF AUDIENCE IN THE OF SESSION, HOUSE OF LORDS AND JUDICIAL COMMITTEE OF THE PRIVY COUNCIL) RULES 2002 showing changes made to incorporate same into the draft consolidated Practice Rules.

2. Deletions are shown in red and underlined, additions are shown in blue albertus font.

3. The title, preamble, citation and commencement and interpretation clauses, any rule entitled “Professional Practice” (which generally states that breach of the rules may be treated as professional misconduct) and any rule in relation to the Council’s power to waive compliance (if applicable) have all been deleted as unnecessary as they are covered in the first section of the draft consolidated rules and relative Schedules. Where a particular set of rules uses defined terms which are not in general use throughout the consolidated rules (or applies a special meaning to terms which are so used) then the interpretation/definitions clause particular to that set has been preserved so far as necessary.

4. Numbering and formatting changes to fit the scheme of the draft consolidated rules are not always shown.

5. Where necessary, further explanations of amendments are given in the footnotes (which do not appear in the draft consolidated rules).

The Solicitors (Scotland)( Rights Of Audience In The , The House Of Lords And The Judicial Committee Of The Privy Council) Rules 2002

Solicitor - Effective1st March 2003

The Council of the Law Society of Scotland in exercise of the powers conferred on them by Section 25A(4) of the Solicitors (Scotland) Act 1980, hereby makes the following Rules:

1. CITATION AND COMING INTO EFFECT

(1) These Rules may be cited as the Solicitors (Scotland)(Rights of Audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council) Rules 2002.

(2) These Rules shall have effect from 1st March 2003 having been approved by the Lord President and Scottish Ministers, following consultation with the Director General of Fair Trading in accordance with Section 25A of the Solicitors (Scotland) Act 1980. 2. INTERPRETATION

In these Rules this rule #, unless the context otherwise requires , terms listed in the first column of rule # shall have the meanings respectively ascribed to them in the second column of that rule:

“Council” means the Council of the Law Society of Scotland; “Court” means the Court of Session, the House of Lords Supreme Court and the Judicial Committee of the Privy Council; “applicant” means a who seeks a right of audience in the Court; “course of training” means a course of training in evidence, procedure and pleadings in relation to proceedings in the Court; “knowledge” means knowledge of the practice, and procedures of and professional conduct in the Court; “relevant date” means the date on which the applicant informs the Council that he seeks a right of audience in the Court; “right of audience” means a right of audience in the Court;

3. COURSE OF TRAINING IN EVIDENCE, PLEADING AND PROCEDURE

(1) The following matters are to be included in the course of training are those matters specified in Part 1 of the Schedule hereto:

1. The preparation and submission to the persons conducting the course of examples of the forms and style of written pleadings used in the presentation of cases in the Court of Session.

2. The practical applications of the law of evidence in connection with the presentation of cases in the Court of Session;

3. The procedure employed in the Court;

4. The presentation by applicants to the persons conducting the course of examples of oral advocacy in the manner required in the Court1.

(2) The following methods of instruction are to be employed in the course of training are those specified in Part 2 of the Schedule hereto:

1. Lectures, the provision of written instructional material, and audio-visual or other practical demonstration by the persons conducting the course of training in relation to any of the matters specified in Part 1 of this Schedule rule #;

2. Attendance for a period, to be specified by the Ccourse Cconvener, of up to six days sitting in on proceedings in the Court of Session, not being proceedings involving the applicant or any member or employee of the applicant’s firm practice unit unless the Cconvener shall direct otherwise, in both or either of the Outer House (including the Commercial Court) and the Inner House, observing, with or without the supervision of the persons conducting the course of training, the manner in which cases are conducted in that court.

1 The foregoing items 1 to 4 replicate the contents of what was Part 1 of the Schedule

3. Discussion of the applicant’s performance by those conducting the course, and the provision of comment and criticism by them upon the applicant’s presentation of oral advocacy.

4. Consideration by those conducting the course of the applicant’s written work and the provision of criticism and comment thereon2.

(3) The persons who conduct the course of training, including the course convener, shall be:-

(a) solicitors or of at least 5 years standing; or

(b) persons who have been employed at a university in Scotland for at least 5 years full- time during the last 10 years prior to the coming into force of these Rules; and who have experience in the matters specified in paragraph (1) of this Rule rule #.

4. DEMONSTRATION OF KNOWLEDGE

(1) An applicant’s knowledge of the practice, procedure and professional conduct in the Court shall be demonstrated by evidence that he has:-

(a) passed in not more than two attempts a written examination on such matters set by examiners appointed by the Council within thirty months of the relevant date; or

(b) passed examinations for admission to the Faculty of Advocates which are considered by the Council to be equivalent to the written examination referred to in Rule 4 (1) (a) above.

(2) The examiners appointed by the Council for the purposes of Rule (4)(1) rule # shall be solicitors with a right of audience in the Court, or advocates, or professors of law in a Scottish Uuniversity in Scotland , in each case of at least 10 years standing.

5. REVOCATION

The Admission as a Solicitor with Extended Rights (Scotland) Rules 1992 and Solicitors (Scotland)(Admission with Extended Rights of Audience) Rules 1995 are revoked with effect from 28th February 2003.

SCHEDULE

PART 1

MATTERS TO BE INCLUDED IN THE COURSE OF TRAINING etc

2 The foregoing items 1 to 4 replicate the contents of what was Part 2 of the Schedule

(Rule 3 (1))

PART 2

THE METHODS OF INSTRUCTION TO BE USED IN THE COURSE OF TRAINING (Rule 3 (2))