Search Legislation

Legal Services (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

Other regulatory matters

108Revocation of certification

(1)Subsection (2) applies where the Scottish Ministers are satisfied that an approving body has failed to comply with a direction under section 111(3).

(2)The Scottish Ministers may—

(a)revoke the certification given to the approving body under section 103,

(b)require the approving body to take specified action (or refrain from doing something) if they consider that to be necessary or expedient in connection with the revocation.

(3)The revocation under subsection (2) of the certification of an approving body has the effect, from the date on which the revocation becomes effective, of rescinding the right of each of its will writers to provide will writing services (so far as that right is conferred by the approving body in question).

109Surrender of certification

(1)An approving body may, with the prior agreement of the Scottish Ministers, surrender the certification given to it under section 103.

(2)The approving body must—

(a)take all reasonable steps to mitigate such disruption to the clients of its will writers as is likely to result from the surrender,

(b)in particular, take steps for ensuring that any relevant work is—

(i)completed, or

(ii)taken over by a suitably qualified person,

before the date from which subsection (5) is operative.

(3)The Scottish Ministers may direct the approving body to take specified action (or refrain from doing something) if they consider that to be necessary or expedient—

(a)for the purpose of subsection (2), or

(b)otherwise in connection with the surrender.

(4)Before the Scottish Ministers may agree to the surrender, they must be satisfied that the approving body has complied (or will comply) with—

(a)subsection (2), and

(b)any direction given to it under subsection (3).

(5)The surrender of an approving body’s certification under subsection (1) has, from the date on which the surrender becomes effective, the effect of extinguishing the right of each of its will writers to provide will writing services (so far as that right is conferred by the approving body in question).

110Register and list

(1)The Scottish Ministers—

(a)must keep and publish a register of approving bodies,

(b)may do so in such manner as they consider appropriate.

(2)The register is to include the following information in relation to each approving body—

(a)its contact details (including its address, website and telephone number),

(b)the date on which it was given the relevant certification under section 103.

(3)An approving body must—

(a)keep a list of its will writers,

(b)give the Scottish Ministers a copy of the list whenever they request it.

(4)An approving body must give the Scottish Ministers such information about its will writers as the Scottish Ministers may reasonably request.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 Executive department responsible for the subject matter of the Act 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 enactedversion 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

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