Part II

Legal Services

Rights of audience

Regulation of right of English, Welsh and Northern Irish practitioners to practise in Scotland.
30
1
The Secretary of State, after consulting the Lord President, may by regulations prescribe circumstances in which, and conditions subject to which, practitioners who are qualified to practise in England and Wales or Northern Ireland may, in such capacity as may be prescribed, exercise in Scotland—
a
prescribed rights of audience; or
b
prescribed rights to conduct litigation,
without being entitled to do so apart from the regulations.
2
The Secretary of State, after consulting the Lord President, may by regulations make provision for the purpose of enabling practitioners who are entitled to practise in England and Wales or Northern Ireland to become qualified to practise in Scotland on terms, and subject to conditions, corresponding or similar to those on which practitioners who are entitled to practise in member States may become qualified to practise in Scotland.
3
Regulations made under subsection (1) above may, in particular—
a
prescribe any right of audience which may not be exercised by a person in Scotland unless he is instructed to act together with a person who has that right of audience there;
b
prescribe legal services which may not be provided by any person practising by virtue of the regulations;
c
prescribe the title or description which must be used by any person practising by virtue of the regulations;
d
provide for the body by whom and the means by which the qualification of any person claiming to be entitled to practise by virtue of the regulations is to be verified; and
e
provide for such professional or other body as may be prescribed to have power to investigate and deal with any complaint made against a person practising by virtue of the regulations.
4
Regulations made under subsection (1) or (2) above may modify any rule of law or practice which the Secretary of State considers should be modified in order to give effect to the regulations.
5
Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
6
In this section “practitioner” means, in relation to England and Wales and Northern Ireland—
a
a barrister or solicitor; and
b
any person falling within such category as may be prescribed in regulations made by the Secretary of State after consultation with the Lord President.
S. 30 wholly in force at 3.6.1991. See s. 75(2) and S.I. 1991/1252, art. 3, Schedule 1