Legal Services (Scotland) Act 2010
Legal Services (Scotland) Act 2010 (2010 asp 16)
- Legal Services (Scotland) Act 2010 (2010 asp 16)
- Part 1 The regulatory objectives etc.
- Introduction
- 1 Regulatory objectives
- 2 Professional principles
- 3 Legal services
- Role of Ministers
- 4 Ministerial oversight
- 5 Consultation by Ministers
- Part 2 Regulation of licensed legal services
- Chapter 1 Approved regulators
- 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
- 23 Professional indemnity
- 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
- Chapter 2 Licensed legal services providers
- 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
- Chapter 3 Further provision
- 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
- Chapter 1 Confirmation 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
- Chapter 2 Will writing services
- 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
- Chapter 3 Further provision
- 113 Regard to CMA input
- 114 Complaints about services
- 115 Privilege and immunity
- 116 Appeal procedure
- 117 Corporate offences
- 118 Consequential modification
- Part 4 The legal profession
- Chapter 1 Applying the regulatory objectives
- 119 Application by the profession
- Chapter 2 Faculty of Advocates
- 120 Regulation of the Faculty
- 121 Professional rules
- 122 Particular rules
- Chapter 3 Solicitors and other representatives
- Removal of practising restrictions
- 123 Licensed providers as qualified persons
- 124 Practice rules for licensed providers
- 125 Citizens advice bodies
- Lay representation
- 126 Court of Session rules
- 127 Sheriff court rules
- Guarantee Fund
- 128 Use of Guarantee Fund
- 129 Contributions to the Fund
- 130 Cap on individual claims
- The Law Society
- 131 Acting as approved regulator
- 132 Council membership
- 133 Regulatory committee
- The 1980 Act: further modification
- 134 Keeping the solicitors roll etc.
- 135 Removal from the roll etc.
- 136 Restoration to the roll
- 137 Suspension from practice
- 138 Accounts rules fee
- 139 Powers of Tribunal
- Chapter 4 Other bodies
- Scottish Legal Aid Board
- 140 Exclusion from giving legal assistance
- 141 Availability of legal services
- 142 Information about legal services
- Scottish Legal Complaints Commission
- 143 Relevant practitioners
- 144 Minor amendments
- 145 The 2007 Act: further provision
- Part 5 General
- 146 Regulations
- 147 Further modification
- 148 Ancillary provision
- 149 Definitions
- 150 Commencement and short title
- SCHEDULE 1 Performance targets
- Application
- Power to set targets
- Notice of intention
- Consultation
- Decision
- SCHEDULE 2 Directions
- Application
- Power to direct
- Notice of intention
- Consultation
- Decision
- Extension of time to comply
- Enforcement
- SCHEDULE 3 Censure
- Application
- Power to censure
- Preliminary advice
- Notice of intention
- Consultation
- Decision
- SCHEDULE 4 Financial penalties
- Application
- Power to impose penalty
- Amount of penalty
- Notice of intention
- Consultation
- Decision
- Variation of penalty
- Appeal
- Appeal grounds
- Time for appeal
- Interest
- Default
- SCHEDULE 5 Amendment of authorisation
- Application
- Power to amend
- Notice of intention
- Consultation
- Decision
- SCHEDULE 6 Rescission of authorisation
- Application
- Power to rescind
- Notice of intention
- Consultation
- Decision
- SCHEDULE 7 Surrender of authorisation
- Application
- Surrender notice
- Consultation
- Decision
- Date of surrender
- SCHEDULE 8 Investors in licensed providers
- Initial notification requirements
- Continuing notification requirements
- Exemption from notification requirements
- Requirement to notify investors
- Approved regulator may obtain information
- SCHEDULE 9 Index of expressions used
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