Office of Public Sector Information

Explanatory Note

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

By sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, any professional or other body may, for the purpose of enabling any of their members who is a natural person to acquire rights to conduct litigation or rights of audience, make an application for that purpose to the Lord President of the Court of Session and the Scottish Ministers. Such an application must include a draft scheme, which the Lord President and the Scottish Ministers may approve. Where the Lord President and the Scottish Ministers approve such a scheme, section 26(6)(a) of the 1990 Act requires the Lord President to grant the application. Section 27(1) of the 1990 Act provides that where such an application has been granted any member of the body concerned who is qualified under the scheme and who appears to the body to be a fit and proper person has the rights to conduct litigation or rights of audience to which that qualification entitles him or her.

Section 26(7) of the 1990 Act provides that where an application has been granted in relation to civil proceedings, the Court of Session may by act of sederunt make such provision as appears to it to be appropriate for giving effect to the scheme.

The Lord President having on 22 April 2009 granted an application made by the Association of Commercial Attorneys for certain rights to conduct litigation and certain rights of audience in the sheriff court, this Act of Sederunt is made to give effect to the relevant scheme.