Legal Services (Scotland) Act 2010 (Version in vigour from 2016-11-30 to )

Consolidated Text

As Enacted

Cited authorities 119

Cited in

Currency	No known outstanding effects
Coming into Force	30 November 2016

Contenidos

Legal Services (Scotland) Act 2010
Part 1: The regulatory objectives etc.

Introduction

1: Regulatory objectives: For the purposes of this Act, the regulatory objectives are the objectives of—
2: Professional principles: For the purposes of this Act, the professional principles are the principles that persons providing legal services should—
3: Legal services

Role of Ministers

4: Ministerial oversight
5: Consultation by Ministers

Part 2: Regulation of licensed legal services

Approved regulators

6: Approved regulators
7: Approval of regulators
8: Pre-approval consideration
9: Lord President's agreement
10: Authorisation to act
11: Request for authorisation

Regulatory schemes

12: Regulatory schemes
13: Reconciling different rules

Licensing rules

14: Licensing rules: general
15: Initial considerations
16: Other licensing rules
17: Licensing appeals

Practice rules

18: Practice rules: general
19: Financial sanctions
20: Enforcement of duties
21: Performance report
22: Accounting and auditing: Practice rules must—
23: Professional indemnity: Practice rules must—

Compensation arrangements

24: Choice of arrangements
25: Compensation rules: general
26: More about compensation arrangements

Internal governance

27: Internal governance arrangements
28: Communicating outside
29: More about governance

Regulatory functions etc.

30: Regulatory and representative functions
31: Assessment of licensed providers

Relationship with other bodies

32: Giving information to SLAB
33: Reporting to Law Society
34: Steps open to Society
35: Financial inspection by Society

Performance and measures

36: Review of own performance
37: Monitoring by Ministers
38: Measures open to Ministers

Ceasing to regulate

39: Surrender of authorisation
40: Cessation directions
41: Transfer arrangements
42: Extra arrangements

Change of regulator

43: Change of approved regulator
44: Step-in by Ministers

Additional functions etc.

45: Additional powers and duties
46: Guidance on functions

Licensed providers

47: Licensed providers
48: Eligibility criteria
49: Majority ownership

Key duties and positions

50: Key duties
51: Head of Legal Services
52: Head of Practice
53: Practice Committee

Appointment to position etc.

54: Notice of appointment
55: Challenge to appointment
56: Disqualification from position
57: Effect of disqualification
58: Conditions for disqualification

Designated persons

59: Designated persons
60: Working context
61: Listing and information

Non-solicitor investors

62: Fitness for involvement
63: Exemption from fitness test
64: Factors as to fitness
65: Ban for improper behaviour
66: Behaving properly
67: More about investors

Discontinuance of services

68: Duty to warn
69: Inability to operate
70: Safeguarding clients
71: Distribution of client account

Professional practice etc.

72: Employing disqualified lawyer
73: Concealing disqualification
74: Pretending to be licensed
75: Professional privilege

Achieving regulatory aims

76: Input by the CMA
77: Role of approved regulators
78: Policy statement

Complaints

79: Complaints about regulators
80: Levy payable by regulators
81: Complaints about providers

Registers and lists

82: Register of approved regulators
83: Registers of licensed providers
84: Lists of disqualified persons

Miscellaneous

85: Privileged material
86: Immunity from damages
87: Appeal procedure
88: Corporate offences
89: Effect of professional or other rules

Part 3: Confirmation and will writing services

Regulation of confirmation agents

90: Confirmation agents and services
91: Approving bodies
92: Certification of bodies
93: Regulatory schemes
94: Financial sanctions
95: Review of own performance
96: Pretending to be authorised

Other regulatory matters

97: Revocation of certification
98: Surrender of certification
99: Register and list

Ministerial functions

100: Ministerial intervention

Regulation of will writers

101: Will writers and services
102: Approving bodies
103: Certification of bodies
104: Regulatory schemes
105: Financial sanctions
106: Review of own performance
107: Pretending to be authorised

Other regulatory matters

108: Revocation of certification
109: Surrender of certification
110: Register and list

Ministerial functions

111: Ministerial intervention
112: Step-in by Ministers

113: Regard to CMA input

114: Complaints about services
115: Privilege and immunity

116: Appeal procedure

117: Corporate offences

118: Consequential modification

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Legal Services (Scotland) Act 2010 (Version in vigour from 2016-11-30 to )

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