Tribunals (Scotland) Act 2014

Eligibility under regulations S

6 (1) Regulations under paragraph 5(2) may specify a description of a person by reference to the matters mentioned in sub-paragraph (2), (3) or (4). S

(2) That is—

(a) current practice as a solicitor or barrister in England and Wales or Northern Ireland, and

(b) engagement in practice as such for a period of not less than 7 years.

(3) That is—

(a) previous engagement in practice for a period of not less than 7 years, as—

(i) a solicitor or advocate in Scotland, or

(ii) a solicitor or barrister in England and Wales or Northern Ireland, and

(b) subsequent engagement in any of the activities listed in sub-paragraph (5).

(4) That is, suitability attributable to experience in law through current or previous engagement in—

(a) any of the activities listed in sub-paragraph (5),

(b) an activity that is of a broadly similar nature to any of the activities listed in that sub-paragraph.

(5) The activities are—

(a) exercising judicial functions in any court or tribunal,

(b) practice or employment as a lawyer of any kind,

(c) whether or not in the course of practice or employment as a lawyer—

(i) advising on the application of the law,

(ii) drafting documents intended to affect rights or obligations under the law,

(iii) assisting persons involved in a legal or other process for the resolution of disputes as to the law,

(iv) acting as a mediator or arbitrator for the purpose of resolving disputes that are (or could be) the matter of legal proceedings,

(d) teaching or researching law at or for an educational institution.

Commencement Information

I1 Sch. 5 para. 6 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

7 (1) The Scottish Ministers may by regulations make provision— S

(a) as regards the calculation of the 7-year period mentioned in paragraph 5(1) or 6(2)(b) or (3)(a) (for example, by reference to recent or continuous time),

(b) to which paragraph 6(3)(a) is subject (for example, by reference to debarment from practice),

(c) for the purpose of paragraph 6(4), about—

(i) the criteria for suitability (for example, by reference to equivalence to past or present practice as a solicitor),

(ii) the nature of experience required (for example, by reference to engagement for a particular period of time (within the United Kingdom or elsewhere)).

(2) The Scottish Ministers may by regulations modify the list in paragraph 6(5).

Commencement Information

I2 Sch. 5 para. 7 in force at 1.4.2015 by S.S.I. 2015/116, art. 2