Search Legislation

Legal Services (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

Chapter 3Further provision

113Regard to OFT input

(1)The Scottish Ministers, whenever consulting the OFT under section 92(4)(a) or 103(4)(a), must request the OFT—

(a)to give such advice as it considers appropriate in relation to the matter concerned,

(b)in considering what (if any) advice to give, to have particular regard to whether the matter concerned would have (or be likely to have) the effect of preventing, or significantly restricting or distorting, competition within the legal services market.

(2)The Scottish Ministers are to take account of any advice given by the OFT within—

(a)the relevant consultation period, or

(b)otherwise, the period of 90 days beginning with the day on which they request the advice.

(3)The Scottish Ministers may publish any advice duly given to them by the OFT.

114Complaints about services

In the 2007 Act, after Part 2A (inserted by section 81) insert—

Part 2BSpecial provision for confirmation agents and will writers
57HComplaints about agents and writers

(1)Parts 1 and 2 apply in relation to complaints made about confirmation agents and will writers as they apply in relation to complaints made about practitioners.

(2)Subsection (1) is subject to—

(a)subsection (3), and

(b)such further modification to the operation of Parts 1 and 2 as the Scottish Ministers may by regulations make for the purposes of subsection (1).

(3)In relation to a services or conduct complaint about a confirmation agent or will writer, the relevant approving body is to be regarded as the relevant professional organisation.

57IHandling complaints

(1)Parts 1 and 2 apply in relation to any complaint made about how an approving body has dealt with a conduct complaint as they apply in relation to a handling complaint (relating to a conduct complaint) made about a relevant professional organisation.

(2)Subsection (1) is subject to such modification to the operation of those Parts as the Scottish Ministers may by regulations make for the purposes of that subsection.

57JLevy payable

(1)A confirmation agent must pay to the Commission—

(a)the annual general levy, and

(b)the complaints levy (if arising),

in accordance with Part 1.

(2)A will writer must pay to the Commission—

(a)the annual general levy, and

(b)the complaints levy (if arising),

in accordance with Part 1.

(3)Section 29 applies for the purposes of subsections (1) and (2) as it applies for the purposes of sections 27(1) and 28(1).

(4)For the application of sections 27(1), 28(1) and 29 by virtue of subsections (1) to (3)—

(a)an approving body is to be regarded as a relevant professional organisation whose members are its confirmation agents or (as the case may be) will writers,

(b)a confirmation agent or (as the case may be) will writer is to be regarded—

(i)in connection with the annual general levy, as an individual person falling within the relevant category,

(ii)in connection with the complaints levy, as an individual practitioner of the relevant type.

57KRecovery of levy

(1)An approving body must—

(a)secure the collection by it, from its confirmation agents or (as the case may be) will writers, of the annual general levy due by them, and

(b)pay to the Commission a sum representing the total amount which falls to be collected by it under paragraph (a) in respect of each financial year.

(2)Subsection (3) of section 27 applies in relation to any sum due under subsection (1)(b) (including interest) as its applies in relation to any sum due under subsection (2)(b) of section 27.

(3)Subsection (4) of section 27 applies in relation to any sum due under section 57J(1)(a) and (2)(a) (including interest) as its applies in relation to any sum due under subsection (1) of section 27.

(4)Subsection (3) of section 28 applies in relation to any sum due under section 57J(1)(b) and (2)(b) (including interest) as its applies in relation to any sum due under subsection (1) of section 28.

(5)For the application of sections 27(3) and (4) and 28(3) by virtue of subsections (2) to (4)—

(a)the approving body is to be regarded as the relevant professional organisation,

(b)each of its confirmation agents or (as the case may be) will writers is to be regarded—

(i)in relation to section 27(4), as an individual person falling within the relevant category,

(ii)in relation to section 28(3), as an individual practitioner of the relevant type.

(6)Section 57J(1) and (2) is subject to subsection (1).

57LInterpretation of Part 2B

For the purposes of this Part—

  • “approving body”,

  • “confirmation agent”,

  • “will writer”,

are to be construed in accordance with Part 3 of the Legal Services (Scotland) Act 2010..

115Privilege and immunity

(1)For the purposes of the law on defamation, the publication under this Part of any material is privileged unless it is proved that the publication was made with malice.

(2)Neither an approving body nor any of its officers, members or employees is liable in damages for any act or omission occurring in the exercise (or purported exercise) of its functions under this Part unless it is shown that the act or omission was in bad faith.

116Appeal procedure

(1)This section applies in relation to an appeal to the sheriff under this Part.

(2)The appeal is to be made by way of summary application.

(3)In the appeal, the sheriff may—

(a)uphold, vary or quash the decision that is the subject of the appeal,

(b)make such further order (including for the expenses of the parties) as is necessary in the interests of justice.

(4)The sheriff’s determination in the appeal is final.

117Corporate offences

(1)Subsection (2) applies where—

(a)an offence under this Part is committed by a relevant organisation, and

(b)the commission of the offence—

(i)involves the connivance or consent of, or

(ii)is attributable to the neglect of,

a responsible official of the organisation.

(2)The official (as well as the organisation) commits the offence.

(3)For the purpose of this section—

(a)a “relevant organisation” is—

(i)a company,

(ii)a limited liability partnership,

(iii)an ordinary partnership, or

(iv)any other body or association,

(b)a “responsible official” is—

(i)in the case of a company, a director, secretary, manager or other similar officer,

(ii)in the case of a limited liability partnership, a member,

(iii)in the case of an ordinary partnership, a partner,

(iv)in the case of another body or association, a person who is concerned in the management or control of its affairs,

but in each case also extends to a person purporting to act in such a capacity.

118Consequential modification

(1)In the Confirmation of Executors (Scotland) Act 1858, in section 2 (petition to commissary), after “1990” insert “or by a confirmation agent within the meaning of Part 3 of the Legal Services (Scotland) Act 2010”.

(2)In the 1980 Act

(a)in section 32 (offence for unqualified persons to prepare certain documents)—

(i)in subsection (1), after paragraph (c) insert or

(d)any will or other testamentary writing,,

(ii)in subsection (2)(a), for “or papers” substitute “, papers, will or testamentary writing”,

(iii)in subsection (2C), after “1990” insert “or to a confirmation agent within the meaning of Part 3 of the 2010 Act”,

(iv)after subsection (2C) insert—

(2D)Subsection (1)(d) does not apply to a will writer within the meaning of Part 3 of the 2010 Act.,

(b)in paragraph 1A of Schedule 4 (constitution, procedure and powers of Tribunal), after head (b)(ii) insert—

(iia)confirmation agents or will writers within the meaning of Part 3 of the 2010 Act;.

(3)In section 12A (register of advice organisations) of the 1986 Act, after subsection (2)(b) insert—

(ba)is a confirmation agent or will writer within the meaning of Part 3 of the Legal Services (Scotland) Act 2010;.

(4)In paragraph 2 of schedule 1 (the Scottish Legal Complaints Commission) to the 2007 Act, after sub-paragraph (6)(b) insert—

(ba)confirmation agents or will writers within the meaning of Part 3 of the Legal Services (Scotland) Act 2010;.

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 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

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