Legal Services (Scotland) Act 2010
2010 asp 16 · Enacted 9 November 2010 · Extends to Scotland
An Act of the Scottish Parliament to allow and to make provision for regulating the supply of certain legal services by licensed entities; to extend rights to obtain confirmation to the estates of deceased persons; to regulate will and other testamentary writing by non-lawyers; to make provision concerning the Law Society of Scotland and the Faculty of Advocates and for the professional arrangements to which solicitors and advocates are subject; to allow court rules to permit the making of oral submissions by lay representatives in civil cases; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 6th October 2010 and received Royal Assent on 9th November 2010
Contents
- Part 1: The regulatory objectives etc.
- Introduction
- 1Regulatory objectives
- 2Professional principles
- 3Legal services
- Role of Ministers
- 4Ministerial oversight
- 5Consultation by Ministers
- Part 2: Regulation of licensed legal services
- Chapter 1: Approved regulators
- Approved regulators
- 6Approved regulators
- 7Approval of regulators
- 8Pre-approval consideration
- 9Lord President's agreement
- 10Authorisation to act
- 11Request for authorisation
- Regulatory schemes
- 12Regulatory schemes
- 13Reconciling different rules
- Licensing rules
- 14Licensing rules: general
- 15Initial considerations
- 16Other licensing rules
- 17Licensing appeals
- Practice rules
- 18Practice rules: general
- 19Financial sanctions
- 20Enforcement of duties
- 21Performance report
- 22Accounting and auditing
- 23Professional indemnity
- Compensation arrangements
- 24Choice of arrangements
- 25Compensation rules: general
- 26More about compensation arrangements
- Internal governance
- 27Internal governance arrangements
- 28Communicating outside
- 29More about governance
- Regulatory functions etc.
- 30Regulatory and representative functions
- 31Assessment of licensed providers
- Relationship with other bodies
- 32Giving information to SLAB
- 33Reporting to Law Society
- 34Steps open to Society
- 35Financial inspection by Society
- Performance and measures
- 36Review of own performance
- 37Monitoring by Ministers
- 38Measures open to Ministers
- Ceasing to regulate
- 39Surrender of authorisation
- 40Cessation directions
- 41Transfer arrangements
- 42Extra arrangements
- Change of regulator
- 43Change of approved regulator
- 44Step-in by Ministers
- Additional functions etc.
- 45Additional powers and duties
- 46Guidance on functions
- Chapter 2: Licensed legal services providers
- Licensed providers
- 47Licensed providers
- 48Eligibility criteria
- 49Majority ownership
- Key duties and positions
- 50Key duties
- 51Head of Legal Services
- 52Head of Practice
- 53Practice Committee
- Appointment to position etc.
- 54Notice of appointment
- 55Challenge to appointment
- 56Disqualification from position
- 57Effect of disqualification
- 58Conditions for disqualification
- Designated persons
- 59Designated persons
- 60Working context
- 61Listing and information
- Non-solicitor investors
- 62Fitness for involvement
- 63Exemption from fitness test
- 64Factors as to fitness
- 65Ban for improper behaviour
- 66Behaving properly
- 67More about investors
- Discontinuance of services
- 68Duty to warn
- 69Inability to operate
- 70Safeguarding clients
- 71Distribution of client account
- Professional practice etc.
- 72Employing disqualified lawyer
- 73Concealing disqualification
- 74Pretending to be licensed
- 75Professional privilege
- Chapter 3: Further provision
- Achieving regulatory aims
- 76Input by the CMA
- 77Role of approved regulators
- 78Policy statement
- Complaints
- 79Complaints about regulators
- 80Levy payable by regulators
- 81Complaints about providers
- Registers and lists
- 82Register of approved regulators
- 83Registers of licensed providers
- 84Lists of disqualified persons
- Miscellaneous
- 85Privileged material
- 86Immunity from damages
- 87Appeal procedure
- 88Corporate offences
- 89Effect of professional or other rules
- Part 3: Confirmation and will writing services
- Chapter 1: Confirmation services
- Regulation of confirmation agents
- 90Confirmation agents and services Not yet in force
- 91Approving bodies
- 92Certification of bodies
- 93Regulatory schemes
- 94Financial sanctions Not yet in force
- 95Review of own performance
- 96Pretending to be authorised Not yet in force
- Other regulatory matters Not yet in force
- 97Revocation of certification Not yet in force
- 98Surrender of certification Not yet in force
- 99Register and list Not yet in force
- Ministerial functions
- 100Ministerial intervention
- Chapter 2: Will writing services
- Regulation of will writers
- 101Will writers and services Not yet in force
- 102Approving bodies
- 103Certification of bodies
- 104Regulatory schemes
- 105Financial sanctions Not yet in force
- 106Review of own performance
- 107Pretending to be authorised Not yet in force
- Other regulatory matters Not yet in force
- 108Revocation of certification Not yet in force
- 109Surrender of certification Not yet in force
- 110Register and list Not yet in force
- Ministerial functions
- 111Ministerial intervention
- 112Step-in by Ministers
- Chapter 3: Further provision
- 113Regard to CMA input Not yet in force
- 114Complaints about services
- 115Privilege and immunity Not yet in force
- 116Appeal procedure Not yet in force
- 117Corporate offences Not yet in force
- 118Consequential modification Not yet in force
- Part 4: The legal profession
- Chapter 1: Applying the regulatory objectives
- 119Application by the profession
- Chapter 2: Faculty of Advocates
- 120Regulation of the Faculty
- 121Professional rules
- 122Particular rules
- Chapter 3: Solicitors and other representatives
- Removal of practising restrictions
- 123Licensed providers as qualified persons
- 124Practice rules for licensed providers
- 125Citizens advice bodies
- Lay representation
- 126Court of Session rules
- 127Sheriff court rules
- Guarantee Fund
- 128Use of Guarantee Fund
- 129Contributions to the Fund
- 130Cap on individual claims
- The Law Society
- 131Acting as approved regulator
- 132Council membership
- 133Regulatory committee
- The 1980 Act: further modification
- 134Keeping the solicitors roll etc.
- 135Removal from the roll etc.
- 136Restoration to the roll
- 137Suspension from practice
- 138Accounts rules fee
- 139Powers of Tribunal
- Chapter 4: Other bodies
- Scottish Legal Aid Board
- 140Exclusion from giving legal assistance
- 141Availability of legal services
- 142Information about legal services
- Scottish Legal Complaints Commission
- 143Relevant practitioners
- 144Minor amendments
- 145The 2007 Act: further provision
- Part 5: General
- 146Regulations
- 147Further modification
- 148Ancillary provision
- 149Definitions
- 150Commencement and short title
- Schedule 1: Performance targets
- Application
- 1Paragraph 1
- Power to set targets
- 2Paragraph 2
- Notice of intention
- 3Paragraph 3
- Consultation
- 4Paragraph 4
- Decision
- 5Paragraph 5
- Schedule 2: Directions
- Application
- 1Paragraph 1
- Power to direct
- 2Paragraph 2
- Notice of intention
- 3Paragraph 3
- Consultation
- 4Paragraph 4
- Decision
- 5Paragraph 5
- Extension of time to comply
- 6Paragraph 6
- Enforcement
- 7Paragraph 7
- Schedule 3: Censure
- Application
- 1Paragraph 1
- Power to censure
- 2Paragraph 2
- Preliminary advice
- 3Paragraph 3
- Notice of intention
- 4Paragraph 4
- Consultation
- 5Paragraph 5
- Decision
- 6Paragraph 6
- Schedule 4: Financial penalties
- Application
- 1Paragraph 1
- Power to impose penalty
- 2Paragraph 2
- Amount of penalty
- 3Paragraph 3
- Notice of intention
- 4Paragraph 4
- Consultation
- 5Paragraph 5
- Decision
- 6Paragraph 6
- Variation of penalty
- 7Paragraph 7
- Appeal
- 8Paragraph 8
- Appeal grounds
- 9Paragraph 9
- Time for appeal
- 10Paragraph 10
- Interest
- 11Paragraph 11
- Default
- 12Paragraph 12
- Schedule 5: Amendment of authorisation
- Application
- 1Paragraph 1
- Power to amend
- 2Paragraph 2
- Notice of intention
- 3Paragraph 3
- Consultation
- 4Paragraph 4
- Decision
- 5Paragraph 5
- Schedule 6: Rescission of authorisation
- Application
- 1Paragraph 1
- Power to rescind
- 2Paragraph 2
- Notice of intention
- 3Paragraph 3
- Consultation
- 4Paragraph 4
- Decision
- 5Paragraph 5
- Schedule 7: Surrender of authorisation
- Application
- 1Paragraph 1
- Surrender notice
- 2Paragraph 2
- Consultation
- 3Paragraph 3
- Decision
- 4Paragraph 4
- Date of surrender
- 5Paragraph 5
- Schedule 8: Investors in licensed providers
- Initial notification requirements
- 1Paragraph 1
- 2Paragraph 2
- Continuing notification requirements
- 3Paragraph 3
- Exemption from notification requirements
- 4Paragraph 4
- Requirement to notify investors
- 5Paragraph 5
- Approved regulator may obtain information
- 6Paragraph 6
- Schedule 9Index of expressions used