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Legal Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

109Surrender of certification
This section has no associated Explanatory Notes

(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).

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