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
2.0 Definitions

60 page PDF

391.6 kB

2.0 Definitions

2.1 In the Membership Qualification Regulations, Qualification Courses, Education and Training, Rules of Conduct, Financial Rules and any other information and Rules which follow, words and expressions used have these meanings unless otherwise stated:-

"the Act” the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

“Admissions Board” the Admissions Board of the Association of Commercial Attorneys

“The Association of Commercial Attorneys” A company limited by Guarantee ref no. SC344543

Attorney” means a Member or Fellow of the Association

"Client” includes both professional client and lay client.

"Code of practice" that required by section 25(2) (b) (ii) of the Act.

"Company” a company incorporated by registration under the Companies Acts

“Construction Litigation” means litigation arising out of a construction matter

“Construction matter” means any of the following:

(a) a dispute (including a dispute concerning contractual obligations or delictual or other non-contractual liability) arising out of the design, management, procurement, planning processes, construction, commissioning, decommissioning, alteration, supply and maintenance (but not conveyancing) of buildings, roads, bridges, architectural and landscaping systems and associated plant, equipment and materials, civil and structural engineering structures and associated plant, equipment and materials, mechanical engineering systems and associated plant, equipment and materials, electrical engineering systems and associated plant, equipment and materials, plumbing engineering systems and associated plant, equipment and materials, communication engineering systems and associated plant, equipment and materials, process engineering systems and associated plant, equipment and materials, power generation and transmission systems and associated plant, equipment and materials, control systems and associated plant, equipment and materials, offshore oil & gas production and exportation systems and associated plant, equipment and materials, marine & subsea construction and associated plant, equipment and materials, on & offshore drilling and associated plant, equipment and materials, shipbuilding and associated plant, equipment and materials and any works altering, forming or to form part of the land;

(b) a dispute arising out of personal injuries or property damage sustained in relation to a construction site or operation;

(c) a dispute arising out of a cautionary obligation or a personal guarantee owed or given by an organisation, company, partnership or individual engaged or previously engaged in a construction or construction related business;

(d) the insolvency or Administration of an organization, company, partnership or individual engaged in a construction or construction related business;

(e) a reference to the courts in an arbitration arising out of a matter mentioned in any of paragraphs (a) to (d) above, including enforcement of an arbitration award.

(f) a reference to the courts in an adjudication arising out of a matter mentioned in paragraphs (a) to (d) above, including enforcement thereof;

"Firm” an unincorporated partnership of Member/Fellows including partnerships between Member/Fellows and others and includes Member/Fellows who are sole practitioners.

“Interim Practising Certificate” means a certificate issued to individual Members giving the rights of audience and the right to conduct litigation, subject to certain conditions;

“Member” means a Member or Fellow of the Association holding an interim Practising Certificate or a Practising Certificate;

“Non-Member” means a person who is not a Member, whom the Chairman considers suitably qualified to sit on the Admissions Board or the Complaints Board of the Association;

“Practising Certificate” means a certificate issued to individual Members/Fellows giving the rights of audience and the right to conduct litigation.

“Prospective Member” means an individual who seeks to qualify as a Member

“Register” a list, available on request to any member of the public, identifying if a member holds an interim Practising Certificate or Practising Certificate

"rights of audience” and “rights to conduct litigation" are to be construed in accordance with the Act.


Contact

Email: Laura.Thomson@gov.scot