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
6.0 Interim Practising Certificate

60 page PDF

391.6 kB

6.0 Interim Practising Certificate

6.1.1 On completion of the Entrance Requirements (noted at section 5.0 above) to the satisfaction of the Admissions Board the applicant will be issued with an Interim Practising Certificate and allowed to use the title ‘Member’. The Interim Practising Certificate will be issued for a period of two years. During this period the Member will be supervised by a Fellow of the Association of Commercial Attorneys. The Admissions Board will assign the Fellow that will supervise the Member. If the Admissions Board is unable to allocate a Fellow to undertake the supervision then an Advocate/Solicitor shall be appointed.

6.2 The Association of Commercial Attorneys will add the successful applicant’s name to the register of members. The member will be identified as holding an interim Practicing Certificate. The register will be made available to any member of the public on request.

6.2.1 The period of supervision is to ensure that the Member will be able carry out the rights defined in the scheme, as noted at paragraph 3.1 above, to the standard expected by the Admissions Board and the Courts.

6.2.2 While in possession of an Interim Practising Certificate the Member must not carry out the following:-

  • lodge any document at a court without the supervisor having reviewed it and confirmed in writing that he is content.
  • attend Court without the supervisor until instructed (by the supervisor) that this requirement is no longer necessary.
  • attend Court without the supervisor being informed.

6.2.3 Following the period of supervision the assigned Fellow will prepare a report for the Admissions Board with a recommendation in respect of the issuing of a Practising

Certificate. During this period the Applications Board will extend the period of the Interim Practising Certificate until a decision has been made on the application. The recommendation will be one of the following:-

  • Issue the Applicant with a Practising Certificate
  • That another Interim Practising Certificate is issued and a further period of supervision is undertaken. Only two interim Practising Certificates will normally be issued to each applicant unless otherwise directed by the Admissions Board. Thereafter, the applicant must wait for a period of two years before re-applying for an Interim Practising Certificate.
  • That no Practising Certificate is issued, that no further supervision is offered under the current application and that the individual can no longer use the title ‘Member’.

Contact

Email: Laura.Thomson@gov.scot