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Legal Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

124Practice rules for licensed providers
This section has no associated Explanatory Notes

(1)After section 33B of the 1980 Act insert—

33CLicensed legal services providers

(1)Subsection (2) applies to any rule made under section 34 which prohibits or unduly restricts the—

(a)involvement of solicitors in or with, or employment of solicitors by, licensed legal services providers,

(b)provision of services by licensed providers, or

(c)operation of licensed providers in other respects.

(2)The rule is of no effect in so far as it does so (and for this purpose it is immaterial when the rule was made).

(3)The reference in subsection (1)(a) to solicitors does not include a solicitor who is disqualified from practice by reason of having been—

(a)struck off (or removed from) the roll, or

(b)suspended from practice..

(2)In addition—

(a)in section 34 (rules as to professional practice, conduct and discipline) of the 1980 Act—

(i)in subsection (1A)(f), for “, or incorporated practices which, are partners in or directors of multi-disciplinary practices” substitute “have an interest in or are employed by (or otherwise within) licensed legal services providers”,

(ii)subsection (3A) is repealed,

(b)in section 64A(1) of that Act, paragraph (b) and the word “; or” immediately preceding it are repealed,

(c)in section 64B of that Act, the words “or such as is mentioned in section 34(3A)” are repealed,

(d)in section 64D(6) of that Act, for “sections 25A(9) or (10) and 34(3A)” substitute “section 25A(9) or (10)”,

(e)in section 65(1) of that Act—

(i)the definition of “multi-disciplinary practice” is repealed,

(ii)in the definition of “unqualified person”, the words “, other than a multi-disciplinary practice,” are repealed,

(f)in section 17(23) of the 1990 Act

(i)paragraph (c) is repealed,

(ii)the subsequent words “, multi-disciplinary practice” are repealed,

(g)in paragraph 29(15) of Schedule 8 to that Act—

(i)in head (c), the insertion (into section 65(1) of the 1980 Act) of the definition of “multi-disciplinary practice” is repealed,

(ii)head (f) and the word “and” immediately preceding it are repealed.

(3)Subject to section 33C of the 1980 Act, nothing in Part 2 affects the operation of any rule which regulates in respect of any matter the professional practice, conduct or discipline of solicitors.

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