Part 4The legal profession

Chapter 1Applying the regulatory objectives

I1119Application by the profession

1

Each of the regulatory authorities mentioned in subsection (2) must, so far as practicable when exercising the authority's regulatory functions (as defined in subsection (3)), act in a way which—

a

is compatible with the regulatory objectives, and

b

it considers most appropriate with a view to meeting those objectives.

2

For the purpose of this section, the regulatory authorities are—

a

the Court of Session,

b

the Lord President,

c

the Faculty of Advocates,

d

the Council of the Law Society,

e

any other person who or body that has regulatory functions in relation to the provision of legal services by legal practitioners (of any type).

3

For the purpose of this section, the regulatory functions of a regulatory authority—

a

are its functions of regulating in respect of any matter the professional practice, conduct and discipline of legal practitioners (of any type),

b

include its functions of making professional or regulatory rules to which legal practitioners (of any type) are subject.

4

In subsections (2) and (3), “legal practitioners” means—

a

solicitors (including firms of solicitors) or incorporated practices,

b

advocates,

c

conveyancing or executry practitioners, or

d

litigation practitioners.