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Statutory Instruments

1994 No. 221 (S.8)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Solicitor’s Right of Audience) 1994

Made

6th January 1994

Coming into force

7th January 1994

The Lords of Council and Session, under and by virtue of the powers conferred on them by sections 5 and 48 of the Court of Session Act 1988(1), and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and Commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Solicitor’s Right of Audience) 1994 and shall come into force on 7th January 1994.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Interpretation

2.  In this Act of Sederunt—

“the Secretary” means the Secretary of the Society for the time being, in his capacity as an office bearer of the Society;

“a right of audience by virtue of section 25A of the Solicitors (Scotland) Act 1980”(2) means a right of audience in, on the one hand, the Court of Session, the House of Lords and the Judicial Committee of the Privy Council or, on the other hand, the High Court of Justiciary; and

“the Society” means the Law Society of Scotland established under the Solicitors (Scotland) Act 1980.

J.A.D. Hope

Lord President, IPD

Edinburgh,

6th January 1994

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt gives the Secretary of the Law Society of Scotland on 7th January 1994 a right of audience in the Outer House of the Court of Session, but solely for the purpose of introducing to the court solicitors who have acquired a right of audience by virtue of section 25A of the Solicitors (Scotland) Act 1980 and inviting the Lord Ordinary to administer the appropriate declaration.

(1)

1988 c. 36; section 48 was substituted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 38.

(2)

1980 c. 46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 24.