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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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- 1990 c. 40
- Part II
- Rules of conduct
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Changes and effects yet to be applied to Part II Crossheading Rules-of-conduct:
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- s. 34(9) para. (d)(g) text amended by 2003 asp 4 Sch. 4 para. 12(13)(b)(ii)(iii)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 20A(2)(a)(iii) text amended by 2007 asp 5 Sch. 5 para. 3(5)
- s. 20A(2)(a)(iii) text amended by S.S.I. 2011/235 art. 6(3)
- s. 20B-20E inserted by 2007 asp 5 s. 54(3)
- s. 20ZA-20ZC inserted by 2007 asp 5 s. 54(2)
- s. 20ZD 20ZE inserted by 2007 asp 5 s. 55(2)
- s. 21A-21C inserted by 2003 asp 4 Sch. 4 para. 12(9)
- s. 21A(1) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(i)
- s. 21A(1)(a)(b) and word repealed by 2007 asp 5 Sch. 5 para. 3(7)(a)(ii)
- s. 21A(1)(c) text amended by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
- s. 21A(2) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(i)
- s. 21A(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(7)(b)(ii)
- s. 21B heading text amended by 2007 asp 5 Sch. 5 para. 3(8)(a)
- s. 21B(1) text amended by 2007 asp 5 Sch. 5 para. 3(8)(b)(i)
- s. 21B(1)(a) substituted by 2007 asp 5 Sch. 5 para. 3(8)(b)(ii)
- s. 21B(2) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(i)(ii)
- s. 21B(2)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iii)
- s. 21B(2)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(c)(iv)
- s. 21B(3) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(i)
- s. 21B(3)(b) text amended by 2007 asp 5 Sch. 5 para. 3(8)(d)(ii)
- s. 21B(4) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(i)
- s. 21B(4)(a) text amended by 2007 asp 5 Sch. 5 para. 3(8)(e)(ii)
- s. 21C repealed by 2010 asp 16 s. 128(3)
- s. 41A-41B inserted by S.I. 2003/1398 Sch. para. 12(3)
Commencement Orders yet to be applied to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990:
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2004/382 art. 2 commences (1990 c. 40)
- S.S.I. 2007/141 art. 2 commences (1990 c. 40)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/1436 art. 2 3 commences (2007 c. 29)
- S.S.I. 2003/384 art. 2 Commencement Order
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2005/644 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/189 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/140 art. 2 commences (2007 asp 5)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
- S.S.I. 2008/311 art. 2 commences (2007 asp 5)
- S.S.I. 2009/192 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/39 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2010/195 art. 2 commences (2010 asp 1)
- S.S.I. 2011/180 art. 3 4 5 6 7 commences (2010 asp 16)
Rules of conductS
31 Rules of conduct etc.S
(1)Any rule, whether made before or after the coming into force of this section, whereby an advocate is prohibited from forming a legal relationship with another advocate or with any other person for the purpose of their jointly offering professional services to the public shall have no effect unless it is approved by the Lord President and the Secretary of State; and before approving any such rule the Secretary of State shall consult the Director in accordance with section 40 of this Act.
(2)Where it appears to the Faculty of Advocates that any rule of conduct in relation to the exercise of an advocate’s right of audience in the Court of Session is more restrictive than the equivalent rule in relation to the exercise of the equivalent right in the sheriff court, they may submit that rule to the Secretary of State for his approval, and the Secretary of State shall consult the Director in accordance with section 40 of this Act, and thereafter, having—
(a)considered any advice tendered to him by the Director;
(b)compared the rule applicable in the Court of Session with the equivalent rule applicable in the sheriff court; and
(c)considered whether the interests of justice require that there should be such a rule in the Court of Session,
he may approve or refuse to approve the rule.
(3)In section 34 of the 1980 Act (rules as to professional practice, conduct and discipline)—
(a)at the end of subsection (1A) there shall be inserted— “and
(f)make such additional or different provision as the Council think fit in relation to solicitors who, or incorporated practices which, are partners in or directors of multi-disciplinary practices.”; and
(b)after subsection (3) there shall be inserted—
“(3A)Without prejudice to subsection (3), any rule made, whether before or after the coming into force of this subsection, by the Council under this section or section 35 which has the effect of prohibiting the formation of multi-disciplinary practices shall not have effect unless the Secretary of State, after consulting the Director in accordance with section 64A, has approved it.”.
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