The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004

Amendment of section 60A

11.  In section 60A(1) (multi national practices)–

(a) in subsection (2), after paragraph (a) insert–

“(aa) the information which shall accompany such applications;”;

(b) after subsection (4) insert–

“(4A) Any person may inspect the register of foreign lawyers during office hours without payment.

(4B) A registered foreign lawyer who wishes his name to be removed from the register of foreign lawyers may make an application to the Council in that behalf, and the Council shall, if the registered foreign lawyer satisfies the Council that he has made adequate arrangements with respect to the business that he has then in hand, remove the name of that foreign lawyer from the register of foreign lawyers.

(4C) On an application to the Council by a foreign lawyer whose name has been removed from the register of foreign lawyers under subsection (4B), the Council may, after such inquiry as they think proper, restore the name of the foreign lawyer to the register of foreign lawyers.

(4D) A foreign lawyer whose name has been removed (other than pursuant to an application made under subsection (4B)) from the register of foreign lawyers shall have his name restored to that register only if, on an application in that behalf made by him to the Tribunal and after such inquiry as the Tribunal thinks proper, the Tribunal so orders.

(4E) Rules made by the Tribunal under section 52(2) (procedure on complaints to the Tribunal) may–

(a) regulate the making, hearing and determining of applications under subsection (4D); and

(b) provide for payment by the applicant to the Council of such fee in respect of restoration to the register of foreign lawyers as the rules may specify.

(4F) Where, following an application under subsection (4), the Council decide not to enter the name of a foreign lawyer in the register of foreign lawyers the applicant may, within three months of the notification to him of the Council’s decision (or later with the permission of the court), appeal to the court against the decision and, on such an appeal, the court may–

(a) order the Council to register the foreign lawyer;

(b) refuse the appeal; or

(c) remit the matter to the Council with such directions as it sees fit.

(4G) Sections 24A to 24G(3) (registration certificates for registered European lawyers) shall apply to registered foreign lawyers as they apply to registered European lawyers and any reference in those sections (as so applied) to a registration certificate shall be construed as a reference to a registration certificate for a registered foreign lawyer.”; and

(c) in subsection (5), omit paragraph (a).

(1)

Section 60A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) (“the 1990 Act”), section 32.

(2)

Section 52 was amended by the 1985 Act, Schedule 1, paragraph 27 and the Solicitors (Scotland) Act 1988 (“the 1988 Act”), Schedule 1, paragraph 15.

(3)

Sections 24A to 24G were inserted by the 2000 Regulations, Schedule 1, paragraph 1(3).