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1. NAME |
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The name of the group shall be the Scottish Lawyers'
European Group ("the Group") |
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2. OBJECTS |
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(i) |
To enable Members to acquire or increase their
knowledge of the legal systems, practice and procedures in the countries
of Europe and of the organisation of the legal professions in the
said countries and of the various European institutions. |
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(ii) |
To enable Members to acquire or increase knowledge
of the law of the European Communities and the practice and procedures
of the Community institutions (including the Court of Justice). |
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(iii) |
To promote closer links between Members and
lawyers in other European countries. |
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(iv) |
To organise lectures, meetings, and conferences
including visits to such countries by Members and visits by lawyers
from such countries to Scotland to promote the foregoing objects.
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(v) |
To publish and disseminate information by articles
in professional journals, handbooks and otherwise to Members on
European legal systems, practice and procedures, legal professions
and supra-national institutions and to other European countries
on the legal system, practice, procedure and the organisation of
the legal profession in Scotland. |
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(vi) |
To establish a centre of information to
provide Members with practical means of dealing with their clients'
business and other interests in other European countries including
lists of foreign legal experts in the United Kingdom and other international
directories. |
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(vii) |
To ensure that the professional status,
functions and rights of audience of Scottish solicitors and advocates
are properly recognised before the European Court and in other European
jurisdictions. |
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(viii) |
To collaborate with other institutions or
organisations with similar aims and objectives with a view to facilitating
any of the foregoing objects. |
| 3. MEMBERSHIP |
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(i) |
Lawyers, within the meaning of Directive
77/249/EEC to facilitate the effective exercise by lawyers of freedom
to provide services, academic lawyers, and such other persons as
the Committee may from time to time approve who apply to join the
Group shall become Ordinary Members of the Group upon payment of
such registration fee and/or subscription as the Committee shall
from time to time prescribe. |
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(ii) |
Persons who are trainee solicitors, intrants
to the Faculty of Advocates, and such other persons currently pursuing
a course of study in law as the Committee may from time to time
approve who apply to become Student Members of the Group shall become
Student Members of the Group upon payment of such registration fee
and/or subscription as the Committee shall from time to time prescribe. |
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(iii) |
Firms of solicitors in Scotland, or such
other unincorporated or corporate bodies as the Committee may from
time to time approve, who apply to join the Group shall become Corporate
Members of the Group upon payment of such registration fee and/or
subscription which shall be a multiple of four times the amount
payable by Ordinary members or such other multiple as the Committee
shall from time to time prescribe. |
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4. HONORARY MEMBERS |
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The Committee shall be entitled to appoint such
persons as honorary members of the Group for such period in each
case as they shall decide. |
| 5. COMMITTEE AND OFFICERS |
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(i) |
The Committee shall consist of the President
and Vice-President(s) of the Group, the President and Vice-President
of the Law Society of Scotland, and the Dean of the Faculty of Advocates
as ex officio members; a number of Ordinary Members
of the Group or principals or employees ("eligible employees")
of Corporate Members of the Group who are themselves eligible for
Ordinary Membership of the Group (as ordinary Members of Committee);
and such number of Student Members of the Group appointed by co-option
as the Ordinary Members of the Committee shall from time to time
determine. |
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(ii) |
At each Annual General Meeting of the Group
one third of the Ordinary Members of the Committee shall retire
by rotation but shall be eligible for re-election, such one third
to be determined by the members of the Committee or failing agreement
by lot. |
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(iii) |
If the number of Ordinary Members of the
Committee shall not on the occasion of the Annual General Meetings
referred to in paragraph (ii) hereof be exactly divisible by three,
the number of Ordinary Members to retire shall be determined by
omitting any fraction resulting from such division. |
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(iv) |
After their election or re-election at an
Annual General Meeting, Ordinary Members of the Committee shall
serve on the Committee for 3 years, but on retiring they shall be
eligible for re-election. |
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(v) |
The Committee shall from time to time be
entitled to co-opt any Ordinary Member of the Group or eligible
employees to serve as an ordinary member of the Committee. Any such
member shall retire at the Annual General Meeting following his
co-option but may offer himself for re-election. |
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(vi) |
Nominations of Ordinary Members of the Group
or principals or eligible employees of Corporate Members of the
Group to fill the vacancies on the Committee must reach the Secretary
of the Group not less than 7 days before the date of the relevant
Annual General Meeting and each nomination must be signed by a proposer
and seconder, both being Ordinary Members of the Group, or principals
or eligible employees of Corporate Members. |
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(vii) |
If there are more candidates for election
to the Committee than the number of vacancies a ballot shall be
conducted at the Annual General Meeting and the decision of the
Chairman as to the results thereof shall be final.
The Officers of the Committee shall consist of
a Chairman, Vice-Chairman, and Secretary and Treasurer. The Chairman
and Vice-Chairman shall be elected from the Ordinary Members of
the Committee by the Committee at its first meeting immediately
following the Annual General Meeting in every year. The Secretary
and Treasurer shall (unless the Committee shall decide otherwise)
be a member of the Secretariat of the Law Society of Scotland appointed
by the Committee for such period as they may decide.
The Committee may appoint any person within the
definition of "lawyers" in Clause 3(1) or academic lawyers
to be President and Vice-President(s) of the Group.
Four members of the Committee, of whom not less
than three are ordinary members of the Committee, shall constitute
a quorum for meetings of the Committee. |
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6. DUTIES OF THE COMMITTEE |
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The Committee shall be responsible for furthering
the objects of the Group, for organising the Group and its activities
and for the relations of the Group with the Law Society and the
Faculty of Advocates. |
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7. ANNUAL GENERAL MEETING |
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(i) |
The Annual General Meeting shall be held
annually on a date and at a time and place to be determined by the
Committee who shall give 21 days notice thereof in the Journal of
the Law Society of Scotland or by such other means as the Committee
shall decide. |
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(ii) |
The Business of the Annual General Meeting
shall consist of:-
| (a) |
The reception of the Chairman's report
on the previous year's activities of the Group; |
| (b) |
The election of Members of the Committee; |
| (c) |
The consideration and approval of
the accounts of the Group; |
| (d) |
Any other business of which notice may
have been given or which may be permitted to be raised without
notice. |
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(iii) |
Any member wishing to raise any matter at
the Annual General Meeting shall give notice in writing thereof
to the Secretary of the Group not later than seven days before the
date of the Meeting; provided that the Chairman may allow any matter
to be raised at the Annual General Meeting without such previous
written notice as aforesaid. |
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(iv) |
The Chairman of the Committee shall act
as Chairman of the Annual General Meeting failing him the Vice-Chairman
whom failing any Officer or member of the Committee elected to take
the Chair by the Ordinary members and principals or eligible employees
of Corporate Members of the Group present at the Annual General
Meeting. Decisions shall be taken by a majority vote of Ordinary
Members and Corporate Members and in the event of equality the Chairman
shall have a second or casting vote. |
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(v) |
Principals of eligible employees or Corporate
Members shall be entitled to attend meetings of the Group and each
Corporate Member shall have four votes at General Meetings of the
Group. Such votes shall only be exercised in person by one or more
principals or employees of Corporate Members and each such vote
may be exercised in any direction. |
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8. SPECIAL GENERAL MEETINGS |
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(i) |
Special General Meetings of the Group shall
be convened by the Secretary on the instructions of the Committee
or on a requisition signed by not less than ten Ordinary Members
or Corporate Members of the Group. The requisition must state the
objects of the meeting. It must be deposited with the Secretary
and may consist of several documents in like form each signed by
one or more requisitionists. |
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(ii) |
A Special General Meeting required by requisition
shall be held within 35 days of receipt of the requisition and shall,
subject to the provisions of this Article, be held on such date
time and place as the Committee may appoint.
28 days notice of a Special General Meeting shall
be given to Ordinary Members and Corporate Members of the Group. |
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9. AMENDMENT OF CONSTITUTION |
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The Group may at any General Meeting on 28 days
written notice of such amendment given to Ordinary Members and Corporate
Members of the Group amend this Constitution by a majority vote
of the Ordinary Members present or voting by proxy at the meeting
and the principals or eligible employees of Corporate Members present
at the Meeting. |
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10. POWER TO CONSTITUTE REGIONAL SECTIONS |
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(i) |
Where the number of members of the Group
in any particular area of Scotland is considered by the Committee
to be enough to justify the formation of a Regional Section for
members practising in that area, the Committee may invite such members
to constitute a Regional Section. |
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(ii) |
A Regional Section shall be entitled to organise
its own programme of activities. |
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(iii) |
Each Regional Section shall be entitled
to nominate one of its members to serve on the Committee of the
Group for a period of one year. |
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(iv) |
Each such member nominated by a Regional
Section shall retire from the Committee of the Group at the Annual
General Meeting each year but may be re-nominated by such Regional
Section to serve for the following year. |
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(v) |
Each Regional Section shall submit a report
of its activities during the preceding year to the Group at its
Annual General Meeting. |
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11. WINDING UP |
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The Group may at any General Meeting on 28 days
written notice given by Ordinary Members and Corporate Members of
the Group decide by a majority vote of the Ordinary Members present
or voting by proxy at the meeting and the principals or eligible
employees of Corporate Members present at the Meeting that the Group
shall be wound-up and in this event the assets of the Group shall
be transferred to the Law Society of Scotland and/or the Faculty
of Advocates for such purpose as they think fit. |