Explanatory Notes

Legal Services (Scotland) Act 2010

2010 asp 16

9 November 2010

Commentary on Sections

Part 2 – Regulation of Licensed Legal Services

Chapter 2 – Licensed Legal Services Providers
Designated persons
Section 59 – Designated personsSection 61 – Listing and information

135.Section 59 defines what is meant by “designated person” and indicates who designates such a person. A designated person is a person (whether or not a legal professional, and whether or not paid) who carries out legal work in connection with the provision of legal services by a licensed provider. In order to be eligible to be a designated person the person must be an employee of the licensed provider (or work in it under another arrangement). The designation is made in writing by the Head of Legal Services or the Head of Practice (or Practice Committee).

136.The Head of Practice must keep a list of all such persons and provide a copy to the approved regulator if requested to do so, under section 61. The procedures for disqualification in sections 56 to 58 allow approved regulators to take action against persons who should not be involved in the provision of legal services.