Part 4The legal profession

Chapter 3Solicitors and other representatives

Removal of practising restrictions

I1123Licensed providers as qualified persons

1

In section 26 (offence for solicitors to act as agents for unqualified persons) of the 1980 Act, in subsection (3), after “does not include” insert “ a licensed legal services provider, ”.

2

In section 30 (liability for fees of other solicitor) of the 1980 Act—

a

after “incorporated practice” in the second place where it occurs insert “ or a licensed legal services provider ”,

b

for “other solicitor or incorporated practice” substitute “ employed party ”,

c

for “other solicitor's or incorporated practice's” substitute “party's”.

3

In section 31 (offence for unqualified persons to pretend to be solicitor or notary public) of the 1980 Act—

a

the unnumbered block of text (from “In” to “practice.”) between subsections (1) and (2) is repealed,

b

after subsection (2) insert—

2A

This section does not apply to an incorporated practice.

2B

This section does not apply in relation to the taking or using by a licensed legal services provider of a name, title, addition or description if the licensed provider has the Society's written authority for using it.

2C

For the purpose of subsection (2B), the Council are to make rules which—

a

set the procedure for getting the Society's authority (and specify the conditions that the Society may impose if it gives that authority),

b

specify the grounds on which the Society may refuse to give that authority (and require the Society to give reasons in writing if it refuses to give that authority).

4

In section 32 (offence for unqualified persons to prepare certain documents) of the 1980 Act, after paragraph (e) of subsection (2) insert

; or

ea

a licensed legal services provider;

5

In section 33 (unqualified persons not entitled to fees etc.) of the 1980 Act—

a

the first unnumbered block of text (from “Subject” to “matter.”) becomes subsection “ (1) ” and the second unnumbered block of text (from “This” to “cause.”) becomes subsection “ (2) ”,

b

in subsection (2) (as so numbered), after “incorporated practice” insert “ or a licensed legal services provider ”.

6

In section 65(1) (interpretation) of the 1980 Act—

a

after the entry for “the 2007 Act” insert—

“the 2010 Act” means the Legal Services (Scotland) Act 2010;

b

at the appropriate alphabetical place insert—

“licensed legal services provider” (or “licensed provider”) is to be construed in accordance with Part 2 of the 2010 Act;

7

In section 17 (qualified conveyancers) of the 1990 Act, in subsection (23)—

a

after paragraph (b) insert—

ba

a licensed legal services provider within the meaning of Part 2 of the Legal Services (Scotland) Act 2010;

b

after the subsequent “incorporated practice” insert “ , licensed provider ”.