Scottish Legal Complaints Commission
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Scottish Legal Complaints Commission
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Non-departmental Public Body
In the United Kingdom, non-departmental public body (NDPB) is a classification applied by the Cabinet Office, Treasury, the Scottish Government and the Northern Ireland Executive to public sector organisations that have a role in the process of national government but are not part of a government department. NDPBs carry out their work largely independently from ministers and are accountable to the public through Parliament; however, ministers are responsible for the independence, effectiveness and efficiency of non-departmental public bodies in their portfolio. The term includes the four types of NDPB (executive, advisory, tribunal and independent monitoring boards) but excludes public corporations and public broadcasters (BBC, Channel 4 and S4C). Types of body The UK Government classifies bodies into four main types. The Scottish Government also has a fifth category: NHS bodies. Advisory NDPBs These bodies consist of boards which advise ministers on particular policy areas. T ...
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Scottish Solicitors' Discipline Tribunal
The Scottish Solicitors' Discipline Tribunal (SSDT) is a specialist tribunal in Scotland with jurisdiction over serious disciplinary issues within the solicitor profession in Scotland. History The Tribunal was established by section 50 of the Solicitors (Scotland) Act 1980. Remit and jurisdiction Professional misconduct jurisdiction Complaints regarding solicitors in Scotland are initially made to the Scottish Legal Complaints Commission. The Commission then sifts those complaints and determines if they are ''service-related'' (in which case the SLCC has jurisdiction) or ''conduct-related''. If complaints are related to the conduct of a solicitor the complaints are referred to the Law Society of Scotland, whose Council can determine if the complaint relates to unsatisfactory conduct (which the Law Society deals with internally) or professional misconduct which is then prosecuted before the Tribunal. Should the Tribunal determine that a case relates to unsatisfactory conduc ...
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Government Agencies Established In 2008
A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 independent national governments and subsidiary organizations. The major types of political systems in the modern era are democracies, monarchies, and authoritarian and totalitarian regimes. Historically prevalent forms of government include monarchy, aristocracy, timocracy, oligarchy, democracy, theocracy, and tyranny. These forms are not always mutually exclusive, and mixed governm ...
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Legal Organisations Based In Scotland
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ...
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Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ...
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Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled ''Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least thr ...
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Audit Scotland
Audit Scotland is an independent Scottish public bodies, public body responsible for auditing most of Scotland's public organisations. These include the Scottish Government, Local government of Scotland, local councils and NHS Scotland. Auditing role It audits over 220 organisations, including: * 77 central government bodies (Scottish Government, NDPB's, Police Scotland, Scottish Fire and Rescue Service, Scottish Water and others) * 23 NHS bodies * 32 local councils * 20 List of further education colleges in Scotland, further education colleges History Audit Scotland was established in 2000. It employees a staff of around 250 people. Its corporate HQ is on West Port, Edinburgh, West Port, in Edinburgh's Old Town. The role of Audit Scotland is to provide the Auditor General for Scotland and the Accounts Commission for Scotland with the services they need to carry out their duties. The core work is to carry out: *financial audits to help ensure that public sector bodies adhere t ...
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Faculty Of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constituent part of the College of Justice and is based in Edinburgh. Advocates are privileged to plead in any cause before any of the courts of Scotland, including the sheriff courts and district courts, where counsel are not excluded by statute. History The Faculty has existed since 1532 when the College of Justice was set up by Act of the Parliament of Scotland, but its origins are believed to predate that event. No curriculum of study, residence or professional training was, until 1856, required on entering this profession, but the faculty always had the power of rejecting any candidate for admission. Subsequently candidates underwent two private examinations; one in general scholarship that could be substituted by evidence of an equivalen ...
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Self-regulatory Organization
A self-regulatory organization (SRO) is an organization that exercises some degree of regulatory authority over an industry or profession. The regulatory authority could exist in place of government regulation, or applied in addition to government regulation. The ability of an SRO to exercise regulatory authority does not necessarily derive from a grant of authority from the government. United States In United States securities law, a self-regulatory organization is a defined term. The principal federal regulatory authority—the Securities and Exchange Commission (SEC)—was established by the Federal Securities Exchange Act of 1934. The SEC originally delegated authority to the National Association of Securities Dealers (NASD, now Financial Industry Regulatory Authority (FINRA)) and to the national stock exchanges (e.g., the NYSE) to enforce certain industry standards and requirements related to securities trading and brokerage. On July 26, 2007 the SEC approved a merger ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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Judicial Review In Scotland
Judicial review in Scotland is a part of United Kingdom constitutional law that functions within the framework of Scots administrative law. The power of judicial review of all actions of governmental and private bodies in Scotland is held by the Court of Session. The procedure is governed by Chapter 58 of the Rules of Court. Approximately 600 judicial review cases are raised every year, but most are settled by agreement with only a small minority having to be decided by the court. Procedure There is a 3-month time limit on seeking judicial review (see Courts Reform (Scotland) Act 2014), although if proper administration is prejudiced by delay on the part of the pursuer, the court may exercise its discretion and refuse to grant a review. Despite the procedural differences, the substantive laws regarding the grounds of judicial review in Scotland are similar to those in other western legal systems, with decisions in one jurisdiction regarded as highly persuasive in the others. Th ...
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Admission To Practice Law
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require documentation of citizenship or immigration status. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, or serving in an apprenticeship. In English, admission is also called a law license. Basic requirements vary from country to country, as described below. In some jurisdictions, after admission the lawyer needs to maintain a current practising certificate to be permitted to offer services to the public. Africa The African Union comprises all 55 co ...
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