Search Legislation

Legal Services (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Approved regulators

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Legal Services (Scotland) Act 2010, Cross Heading: Approved regulators. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Approved regulatorsS

6Approved regulatorsS

(1)For the purposes of this Part, an approved regulator is a professional or other body which is approved as such by the Scottish Ministers under section 7.

(2)That is, following an application to them by the body under subsection (3).

(3)An application to become an approved regulator must include—

(a)a copy of the applicant's proposed regulatory scheme (see section 7(1)(c)),

(b)a copy of its proposed statement of policy under section 78(1),

(c)a description of—

(i)the applicant's constitution and composition (including internal structure),

(ii)its internal governance arrangements,

(iii)its representative functions (if any),

(iv)its other activities (if any).

(4)The applicant—

(a)must provide the Scottish Ministers with such other information as they may reasonably require for their (or the Lord President's) consideration of its application,

(b)may withdraw its application at any time by giving them written notice to that effect.

(5)No more than 3 approved regulators may exist at any time.

(6)The Scottish Ministers may—

(a)with the agreement of the Lord President, and

(b)after consulting such other person or body as they consider appropriate,

by regulations amend the number specified in subsection (5).

(7)The Scottish Ministers may by regulations prescribe fees that they may charge—

(a)an applicant to become an approved regulator,

(b)approved regulators.

Commencement Information

I1S. 6 in force at 1.4.2011 by S.S.I. 2011/180, art. 3, Sch.

7Approval of regulatorsS

(1)The Scottish Ministers may approve the applicant as an approved regulator if they are satisfied that—

(a)for regulating licensed legal services providers in accordance with this Part, the applicant has—

(i)the necessary expertise as regards the provision of legal services (including as deriving from that of the persons within it),

(ii)a thorough understanding of the application of the regulatory objectives and the professional principles,

(iii)sufficient resources (financial and otherwise),

(iv)the capability in other respects,

(b)the applicant will always exercise its regulatory functions—

(i)independently of any other person or interest,

(ii)properly in other respects (in particular, with a view to achieving public confidence),

(c)the applicant's proposed regulatory scheme is adequate (as determined with particular reference to section 12),

(d)the applicant's internal governance arrangements are, or will be, suitable (as determined with particular reference to section 27).

(2)The Scottish Ministers may give their approval subject to conditions.

(3)Their approval may be given—

(a) with restrictions imposed by reference to particular categories of—

(i)licensed providers,

(ii)legal services,

(b)either—

(i)without limit of time, or

(ii)for a fixed period of at least 3 years.

(4)The Scottish Ministers may, after consulting the approved regulator, vary (including by addition or deletion) any conditions or restrictions imposed under subsection (2) or (3).

(5)The Scottish Ministers may by regulations make further provision about approval under this section, including (in particular)—

(a)the process for seeking their approval,

(b)in relation to capability to act as an approved regulator, the criteria for their approval (including things that applicants must be able to demonstrate).

(6)Before making regulations under subsection (5), the Scottish Ministers must consult the Lord President.

Commencement Information

I2S. 7 in force at 1.4.2011 by S.S.I. 2011/180, art. 3, Sch.

8Pre-approval considerationS

(1)Before deciding whether or not to approve the applicant as an approved regulator under section 7, the Scottish Ministers must consult—

(a)the Lord President,

(b)the [F1 CMA], and such other organisation (appearing to them to represent the interests of consumers in Scotland) as they consider appropriate,

(c)such other person or body as they consider appropriate.

(2)In consulting under subsection (1), the Scottish Ministers—

(a)must send a copy of the application to the consultees,

(b)may send a copy of any revised application to any (or all) of them.

(3)The Scottish Ministers must, with reasons, notify the applicant if they intend to—

(a)refuse to approve it as an approved regulator, or

(b)impose conditions or restrictions under section 7(2) or (3).

(4)If notification is given to the applicant under subsection (3), it has 28 days beginning with the date of the notification (or such longer period as the Scottish Ministers may allow) to—

(a)make representations to the Scottish Ministers,

(b)take such steps as it may consider expedient.

Textual Amendments

Commencement Information

I3S. 8 in force at 1.4.2011 by S.S.I. 2011/180, art. 3, Sch.

9Lord President's agreementS

(1)Despite section 7(1), the Scottish Ministers must not approve the applicant as an approved regulator unless the Lord President agrees to its being approved as such.

(2)The Scottish Ministers are to impose under section 7(2) such particular conditions relating to the expertise mentioned in section 7(1)(a)(i) as are reasonably sought by the Lord President when (and if) notifying them of the Lord President's agreement for the purpose of subsection (1).

(3)The Lord President's agreement is required for—

(a)the imposition of any—

(i)conditions under section 7(2) (apart from conditions to which subsection (2) relates),

(ii)restrictions under section 7(3),

(b)the variation of any such conditions or restrictions under section 7(4).

Commencement Information

I4S. 9 in force at 1.4.2011 by S.S.I. 2011/180, art. 3, Sch.

10Authorisation to actS

(1)An approved regulator may not exercise any of its regulatory functions unless it is authorised to do so by the Scottish Ministers under this section.

(2)The Scottish Ministers may give their authorisation if they are satisfied (or continue to be satisfied)—

(a)as mentioned in subsection (1) of section 7,

(b)as regards any criteria provided for under subsection (5)(b) of that section.

(3)Their authorisation may be given with restrictions imposed by reference to particular categories of—

(a)licensed provider,

(b)legal services.

(4)Their authorisation may be given—

(a)either—

(i)without limit of time, or

(ii)for a fixed period of at least 3 years,

(b)subject to conditions.

(5)The Scottish Ministers may, after consulting the approved regulator, vary (including by addition or deletion) any restrictions or conditions imposed under subsection (3) or (4)(b).

(6)The Scottish Ministers may by regulations make further provision about authorisation under this section including (in particular) the process for requests for their authorisation.

Commencement Information

I5S. 10(1) in force at 1.4.2011 by S.S.I. 2011/180, art. 3, Sch.

I6S. 10(2)-(6) in force at 1.4.2011 for specified purposes by S.S.I. 2011/180, art. 3, Sch.

I7S. 10(2)-(6) in force at 2.7.2012 in so far as not already in force by S.S.I. 2012/152, art. 2, Sch.

11Request for authorisationS

(1)A request for authorisation under section 10 may be—

(a)made at any reasonable time (including at the same time as applying for approval under section 7),

(b)withdrawn by the approved regulator (or applicant) at any time by giving the Scottish Ministers written notice to that effect.

(2)The Scottish Ministers must, with reasons, notify the approved regulator (or applicant) if they intend to—

(a)withhold their authorisation, or

(b)impose conditions under section 10(4)(b).

(3)If notification is given to the approved regulator (or applicant) under subsection (2), it has 28 days beginning with the date of the notification (or such longer period as the Scottish Ministers may allow) to—

(a)make representations to the Scottish Ministers,

(b)take such steps as it may consider expedient.

(4)The approved regulator (or applicant) must provide the Scottish Ministers with such information as they may reasonably require for their consideration of its request for their authorisation.

(5)In section 10 and this section, a reference to authorisation means initial or renewed authorisation.

Commencement Information

I8S. 11 in force at 2.7.2012 by S.S.I. 2012/152, art. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources