Publication - Publication

Association of Commercial Attorneys: revised scheme

Published: 18 Nov 2019
Directorate:
Justice Directorate
Part of:
Law and order
ISBN:
9781839602610

The scheme has been revised in accordance with the provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. The Minister for Community Safety has directed that the Association of Commercial Attorneys bring this into force from 18 June 2019.

60 page PDF

391.6 kB

60 page PDF

391.6 kB

Contents
Association of Commercial Attorneys: revised scheme
12.0 Admissions Board

60 page PDF

391.6 kB

12.0 Admissions Board

12.1 Association Admissions Board

12.1.1 The Admissions Board will administer applications from individuals wishing to become Members of the Association. The Admissions Board will administer and be responsible for the issuing of Practising Certificates. The Admissions Board will also administer applications from Members wishing to become Fellows of the Association.

12.1.2 The Chairman of the Association will decide on the number of persons who are to sit on the Admissions Board. The Admissions Board shall comprise of a minimum of six persons consisting of Members/Fellows of the Association and Non-Members of the Association. Members/Fellows will only constitute a maximum of 50% of the Admissions Board. No person applying for membership shall sit on the Admissions Board while making an application.

12.1.3 The Admissions Board will appoint a Head of the Admissions Board from within its members. If agreement cannot be reached the Head of the Admissions Board will be appointed by the Chairman of the Association. The Head of the Admissions Board will deal with applications for practising certificates and applications from Members to become Fellows. The Head of the Admissions Board will appoint an Admissions Panel to decide on any application. The Admissions Panel shall consist of three persons of whom not more than two shall be Members of the Association. The Admissions Panel will appoint a Chair to deal with the application.

12.1.4 The Head of the Admissions Board will receive applications for Practising Certificates (including renewal) and applications for Fellowship status. The Head of the Admissions Board will carry out all necessary investigations and will prepare and submit a written report to the Admissions Panel in respect of each application.

12.2 Membership application procedure

12.2.1 Written applications for Membership shall be referred to the Head of the Admissions Board who will:-

  • Review the application to ensure that the Entrance Requirements (Section 5.0) have been met.
  • If required request that the applicant provides further information in respect of the application.
  • Appoint a Panel to decide if the application is to be accepted by the Association
  • Prepare and submit a written report with recommendations to the Admissions Panel in respect of each application for membership.
  • If required appoint an Admissions Officer to act on his/her behalf

12.2.2 The Admissions Panel will review the report prepared by the Head of the Admissions Board the Panel and will decide on whether or not to accept the application. The Admissions Panel will deal with each application as follows:-

a) the matter shall be put to a vote;

b) no panel member shall be allowed to abstain;

c) the matter shall be decided by a simple majority.

12.2.3 The Admissions Panel will then instruct the Head of the Admissions Board to write to the applicant:-

  • Informing him/her that the application has been accepted and an Interim Practising Certificate is to be issued in accordance with Section 6.0 and that a Fellow of the Association will be appointed for the required period of supervision.

Or

  • Informing him/her, with reasons, that the application has been unsuccessful

12.3 Interim Practising Certificate procedure

12.3.1 Where an Interim Practising Certificate is to be issued to an individual the Admissions Board shall instruct the Head of the Admissions Board to:-

  • Select and appoint a Fellow of the Association to supervise the individual for the required period of one year in accordance with Section 6.0.
  • Ensure that the appointed Fellow in Supervising no more than two applicants.
  • Report back to the Board on completion of the period of supervision.

12.4 Practising Certificate application procedure

12.4.1 Written applications for a Practising Certificate or renewal of a Practising Certificate shall be referred to the Head of the Admissions Board who will:-

  • Review the application to ensure that the necessary Requirements (Section 7.0) have been met.
  • In respect of renewal of Practising Certificates ensure that the requirements of Section 9.0 (Continual Professional Development) and any requirements of Section 10 (Code of Practice) have been met
  • Review the recommendation report prepared by the supervising Fellow of the Association.
  • If required request that the applicant provides further information in respect of the application.
  • Appoint a Panel to decide if the application is to be accepted by the Association
  • Prepare and submit a written report with recommendations to the Admissions Panel in respect of each application for a Practising Certificate.
  • If required appoint an Admissions Officer to act on his/her behalf

12.4.2 The Admissions Panel will review the report prepared by the Head of the Admissions Board the Panel and will decide on whether or not to accept the application. The Admissions Panel will deal with each application as follows:-

a) the matter shall be put to a vote;

b) no panel member shall be allowed to abstain;

c) the matter shall be decided by a simple majority.

12.4.3 The Admissions Panel will then instruct the Head of the Admissions Board to write to the applicant:-

  • Informing him/her that the application has been accepted and a Practising Certificate is to be issued in accordance with Section 7.0.

Or

  • Informing him/her that the application has not been accepted and that a further period of supervision is required

Or

  • Informing him/her, with reasons, that the application has been unsuccessful

12.5 Fellowship status application procedure

12.5.1 Written applications for Fellowship status shall be referred to the Head of the Admissions Board who will:-

  • Review the application to ensure that the necessary Requirements (Section 4.4) have been met.
  • If required request that the applicant provides further information in respect of the application.
  • Appoint a Panel to decide if the application is to be accepted by the Association
  • Prepare and submit a written report with recommendations to the Admissions Panel in respect of each application for Fellowship status.
  • If required appoint an Admissions Officer to act on his/her behalf

12.5.2 The Admissions Panel will review the report prepared by the Head of the Admissions Board the Panel and will decide on whether or not to accept the application. The Admissions Panel will deal with each application as follows:-

a) the matter shall be put to a vote;

b) no panel member shall be allowed to abstain;

c) the matter shall be decided by a simple majority.

12.5.3 The Admissions Panel will then instruct the Head of the Admissions Board to write to the applicant:-

  • Informing him/her that the application for Fellowship status of the Association has been granted.

Or

  • Informing him/her, with reasons, that the application has been unsuccessful

12.6 Panel Decisions

12.6.1 All application decisions under these Rules shall be notified, to the applicant, by the Head of the Admissions Board within 31 days of the panel decision.

12.7 Review of the Admissions Procedure

12.7.1 The Admissions Boards shall report annually to the Association on applications received and their outcome.

12.7.2 The Association shall review on an annual basis the operation of the all the Admissions Procedures and Admission Requirements.


Contact

Email: Laura.Thomson@gov.scot