The Rt Hon Lord Hamilton

The Lord President

Parliament House

Edinburgh EH1 1RQ

22 April 2009

 

Association of Commercial Attorneys

Huntershill Business Centre

25 Auchinairn Road

Glasgow G64 1RX

 

Dear Sirs,

APPLICATION UNDER SECTION 25 OF THE LAW REFORM

(MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1990

 

I refer to the application by the Association for the purpose of enabling any of its members who is a natural person to acquire certain rights to conduct

litigation and certain rights of audience.

 

This was received on 4 July 2007.  No representations under Schedule 2 of the 1990 Act were received.  The Office of Fair Trading expressed views on the application on 12 October 2007.  The Scottish Ministers made preliminary observations in October 2007.  I made preliminary observations on 15 November 2007.  After considerable further discussion a rising out of those observations, and the incorporation of the Association as a body for the first time on 18 June 2008, a modified draft scheme was submitted on 25 June 2008.  By letter of 6 October 2008, my Legal Secretary indicated that both the Scottish Ministers and I approved the draft scheme in principle, subject to the resolution of a number of further points.  Those points have now been resolved.  By letter dated 21 April 2009 the Cabinet Secretary for Justice indicated to me that the Scottish Ministers are satisfied with the draft scheme.  I too am satisfied with the draft scheme.  I have therefore granted the application under section 26(6)(a) of the 1990 Act.  This letter is to inform the Association of that fact.

 

Section 26(7) of the 1990 Act provides that where the Lord President has granted an application in relation to civil proceedings, the Court of Session

may by act of sederunt make such provision for giving effect to the scheme as appears to be to be appropriate.  Steps are in hand for that to occur rapidly and I would anticipate that the relevant legislation would be in force in mid-May.

 

I wish the Association well in the venture on which it is about to embark.

A copy of this letter goes to the Cabinet Secretary for Justice.

Yours faithfully,

(signed) The Lord President, A C Hamilton