# The Legal Services (Scotland) Act 2010 (Commencement No. 1 and Saving Provision) Order 2011

S.S.I. 2011/180 · made 8 March 2011

This Order brings into force various provisions of the Legal Services (Scotland) Act 2010 (“the Act”). The Act received Royal Assent on 9th November 2010. Sections 146 to 150 came into force on the day after that day.

Made under: Legal Services (Scotland) Act 2010 (Section 150)

PDFs: Printed copy https://openlegislation.uk/legal-services-scotland-act-2010-commencement-no-1-and-saving-provision-order-2011/pdf/ssi_20110180_en.pdf

## Introductory text

Legal Profession
Made 8th March 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by section 150(2), (3) and (4) of the Legal Services (Scotland) Act 2010.

## 1 Citation

This Order may be cited as the Legal Services (Scotland) Act 2010 (Commencement No. 1 and Saving Provision) Order 2011.

## 2 Interpretation

In this Order, “the Act” means the Legal Services (Scotland) Act 2010.

## 3 Appointed days

(1) The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule to this Order (the subject matter of which is specified in column 2 of that Schedule) is 1st April 2011.
(2) Where a purpose is specified in column 3 of that Schedule, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.

## 4 Appointed days

The day appointed for the coming into force of the following provisions of the Act is 1st May 2011:—
(a) sections 134 to 139 (modification of the Solicitors (Scotland) Act 1980);
(b) section 140 (exclusion from giving legal assistance).

## 5 Appointed days

The day appointed for the coming into force of the following provisions of the Act is 1st June 2011:—
(a) section 120 (regulation of the Faculty);
(b) section 121 (professional rules);
(c) section 122 (particular rules);
(d) section 133 (regulatory committee), so far as not already in force.

## 6 Appointed days

The day appointed for the coming into force of section 132 of the Act (Council membership) is 30th June 2011.

## 7 Appointed days

The day appointed for the coming into force of sections 126 and 127 of the Act (lay representation) is 1st September 2011.

## 8 Saving provision

The commencement of section 140 of the Act has no effect as regards any exclusion under section 31(3) of the Legal Aid (Scotland) Act 1986 made before 1st May 2011.

## Signature

FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
8th March 2011

## 

Column 1
(provisions of the Act)
Column 2
(subject matter)
Column 3
(purpose)
Part 1
The regulatory objectives etc.
Section 6
Approved regulators
Section 7
Approval of regulators
Section 8
Pre-approval consideration
Section 9
Lord President’s agreement
Section 10(1)
Approved regulator not to exercise regulatory functions unless authorised
Section 10(2) to (6)
Authorisation to act as approved regulator
The purpose of enabling Regulations to be made
Sections 12 and 13
Regulatory schemes
Section 14
Licensing rules: general
Section 15
Initial considerations
Section 16
Other licensing rules
Sections 18 to 23
Practice rules
Sections 24 to 26
Compensation arrangements
Sections 27 to 29
Internal governance
Section 30
Regulatory and representative functions
Section 31 in so far as it relates to section 21(3)
Assessment of licensed providers
Section 31
Assessment of licensed providers
The purpose of enabling Regulations to be made
Section 38
Measures open to Ministers
The purpose of enabling Regulations to be made
Section 42
Extra arrangements
Section 43
Change of approved regulator
The purpose of enabling Regulations to be made
Section 44
Step-in by Ministers
Section 45
Additional powers and duties
Section 47
Licensed providers
Section 48
Eligibility criteria
The purpose of enabling Regulations to be made
Section 49
Majority ownership
The purpose of enabling Regulations to be made
Section 51
Head of legal services
The purpose of enabling Regulations to be made
Section 52
Head of Practice
The purpose of enabling Regulations to be made
Section 53
Practice Committee
The purpose of enabling Regulations to be made
Section 55, in so far as it relates to sections 14 and 18
Challenge to appointment
Section 56, in so far as it relates to sections 14 and 18
Disqualification from position
Section 57, in so far as it relates to sections 14 and 18
Effect of disqualification
Section 59
Designated persons
Section 62, in so far as it relates to section 14
Fitness for involvement
Section 63, in so far as it relates to section 14
Exemption from fitness test
Section 65, in so far as it relates to section 18
Ban for improper behaviour
Section 67(1) to (5)
More about investors
The purpose of enabling Regulations to be made
Section 67(6) and (7)
More about investors
Section 70
Safeguarding clients
The purpose of enabling Regulations to be made
Section 76
Input by the OFT
Section 78
Policy statement
Section 79
Complaints about regulators
The purpose of enabling Regulations to be made
Section 81
Complaints about providers
The purpose of enabling Regulations to be made
Section 83
Registers of licensed providers
The purpose of enabling Regulations to be made
Section 84
Lists of disqualified persons
The purpose of enabling Regulations to be made
Section 91
Approving bodies
The purpose of enabling Regulations to be made
Section 92
Certification of bodies
The purpose of enabling Regulations to be made
Section 93
Regulatory schemes
The purpose of enabling Regulations to be made
Section 95
Review of own performance
The purpose of enabling Regulations to be made
Section 100
Ministerial intervention
The purpose of enabling Regulations to be made
Section 102
Approving bodies
The purpose of enabling Regulations to be made
Section 103
Certification of bodies
The purpose of enabling Regulations to be made
Section 104
Regulatory schemes
The purpose of enabling Regulations to be made
Section 106
Review of own performance
The purpose of enabling Regulations to be made
Sections 111 and 112
Ministerial functions
The purpose of enabling Regulations to be made
Section 114
Complaints about services
The purpose of enabling Regulations to be made
Section 119
Application by the profession
Sections 125
Citizens advice bodies
Section 128(1)(a)(ii), (1)(b)(i), (2) and (3)
Use of guarantee fund
Section 129(1)(a)(i) and (ii) and (2)
Contributions to the fund
Section 130
Cap on individual claims
Section 131
Acting as an approved regulator
Section 133
Regulatory committee
The purpose of enabling Regulations to be made
Section 141
Availability of legal services
Section 142
Information about legal services
Sections 143 to 145
Scottish Legal Complaints Commission
Schedules 1 to 6
Measures open to Ministers
The purpose of enabling Regulations to be made
Schedule 8
Investors in licensed providers
The purpose of enabling Regulations to be made
Paragraph 4 of schedule 8, in so far as it relates to section 14
Exemption from notification requirements

## Explanatory note

(This note is not part of the Order)
This Order brings into force various provisions of the Legal Services (Scotland) Act 2010 (“the Act”). The Act received Royal Assent on 9th November 2010. Sections 146 to 150 came into force on the day after that day.
Part 1 and sections 6 to 9, 10(1), 12, 13, 14 (and sections 55 to 57, 62, 63 and paragraph 4 of schedule 8 in so far as they relate to that section), 15, 16, 18 (and sections 55 to 57 and 65 in so far as they relate to that section), 19 to 23 (and section 31 in so far as it relates to section 21(3)), 24 to 30, 44, 45, 47, 59, 67(6) and (7), 76, 78, 119, 125, 128(1)(a)(ii), (1)(b)(i), (2) and (3), 129(1)(a)(i) and (ii) and (2), 130, 131 and 141 to 145 come into force on 1st April 2011 (article 3).
Sections 10(2) to (6), 31, 38, 42, 43, 48 and 49, 51 to 53, 67(1) to (5), 70, 79, 81, 83 and 84, 91 to 93, 95, 100, 102 to 104, 106, 111 and 112, 114, 133 and schedules 1 to 6 and 8 also come into force on 1st April 2011, but for the limited purposes of enabling regulations to be made (article 3).
Sections 134 to 140 come into force on 1st May 2011 (article 4).
Sections 120, 121, 122 and 133 (in so far as it is not already in force) come into force on 1st June 2011 (article 5).
Section 132 comes into force on 30th June 2011.
Sections 126 and 127 come into force on 1st September 2011 (article 7).
The provisions of section 31 of the 1986 Act which are amended or repealed by section 140 of the Act are saved in relation to exclusions from providing legal assistance made before 1st May 2011 (article 8).

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Source: https://www.legislation.gov.uk/ssi/2011/180 (the official version)
Page: https://openlegislation.uk/legal-services-scotland-act-2010-commencement-no-1-and-saving-provision-order-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.