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Scottish Statutory Instruments

2012 No. 152 (C. 14)

Legal Profession

The Legal Services (Scotland) Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2012

Made

17th May 2012

Laid before the Scottish Parliament

21st May 2012

Coming into force

2nd July 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 150(2) and (4) of the Legal Services (Scotland) Act 2010(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Legal Services (Scotland) Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2012 and comes into force on 2nd July 2012.

(2) In this Order—

“the 2007 Act” means the Legal Profession and Legal Aid (Scotland) Act 2007(2); and

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

Appointed day

2.  The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2), in so far as they are not already in force, is 2nd July 2012.

Transitional provision – levies payable by licensed legal services providers

3.—(1) For the purposes of determining the amounts of the annual general levy and the complaints levy which are payable by a licensed provider to the Commission under section 57C of the 2007 Act (as inserted by section 81 of the Act) during the 2012-13 financial year—

(a)the requirement in section 29(1) of the 2007 Act for the Commission to have had regard to any views expressed in its consultation under subsection (4) is to be construed as a requirement to have had regard to any views expressed in its consultation under sub-paragraph (b);

(b)the Commission must consult—

(i)the Scottish Ministers; and

(ii)each approved regulator and all other bodies that the Scottish Ministers have advised the Commission as having an interest in applying to become approved regulators;

(c)the Commission must publish—

(i)the determination as soon as reasonably practicable; and

(ii)the responses it has received under sub-paragraph (b) within two months of concluding the consultation with the exception of any responses that it has received which are subject to an express request in writing for confidentiality;

(d)the Commission must, in so far as is reasonably practicable, secure that the amounts of the annual general levy and the complaints levy are reasonably sufficient to cover its anticipated expenditure during the 2012-13 financial year in respect of sections 57A (complaints about licensed providers) and 57B (regulatory complaints) of the 2007 Act;

(e)section 29(4) to (10) of that Act does not apply.

(2) In this article, “the annual general levy”, “the complaints levy” and “the Commission” have the meanings given to them in section 46(1) of the 2007 Act.

Transitional provision – levies payable by approved regulators

4.  For the purposes of section 80(4) of the Act, where the Commission is determining the amount of the annual levy or complaints levy for the 2012-13 financial year, it is only to be regarded as having consulted each approved regulator where it has consulted each approved regulator and all those other bodies that the Scottish Ministers have indicated to the Commission as having an interest in applying to become approved regulators.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th May 2012

Article 2

SCHEDULE

Column 1 (provisions of the Act)Column 2 (subject matter)
Section 10(2) to (6)Authorisation to act
Section 11Request for authorisation
Section 17Licensing appeals
Section 31Assessment of licensed providers
Section 32Giving information to SLAB
Section 33Reporting to Law Society
Section 34Steps open to Society
Section 35Financial inspection by Society
Section 36Review of own performance
Section 37Monitoring by Ministers
Section 38Measures open to Ministers
Section 39Surrender of authorisation
Section 40Cessation directions
Section 41Transfer arrangements
Section 43Change of approved regulator
Section 46Guidance on functions
Section 48Eligibility criteria
Section 49Majority ownership
Section 50Key duties
Section 51Head of Legal Services
Section 52Head of Practice
Section 53Practice Committee
Section 54Notice of appointment
Section 55Challenge to appointment
Section 56Disqualification from position
Section 57Effect of disqualification
Section 58Conditions for disqualification
Section 60Working context
Section 61Listing and information
Section 62Fitness for involvement
Section 63Exemption from fitness text
Section 64Factors as to fitness
Section 65Ban for improper behaviour
Section 66Behaving properly
Section 67More about investors
Section 68Duty to warn
Section 69Inability to operate
Section 70Safeguarding clients
Section 71Distribution of client account
Section 72Employing disqualified lawyer
Section 73Concealing disqualification
Section 74Pretending to be licensed
Section 75Professional privilege
Section 77Role of approved regulators
Section 79Complaints about regulators
Section 80Levy payable by regulators
Section 81Complaints about providers
Section 82Register of approved regulators
Section 83Registers of licence providers
Section 84Lists of disqualified persons
Section 85Privileged material
Section 86Immunity from damages
Section 87Appeal procedure
Section 88Corporate offences
Section 89Effect of professional or other rules
Section 123Licensed providers as qualified persons
Section 124Practice rules for licensed providers
Section 128(1)(a)(i) and (iii), (b)(ii), (c) and (d)Use of Guarantee Fund
Section 129(1)(a)(iii) and (b) to (g) and (3)Contributions to the Fund
Schedule 1Performance targets
Schedule 2Directions
Schedule 3Censure
Schedule 4Financial penalties
Schedule 5Amendment of authorisation
Schedule 6Rescission of authorisation
Schedule 7Surrender of authorisation
Schedule 8Investors in licensed providers

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the provisions of Part 2 of, and schedules 1 to 8 to, the Legal Services (Scotland) Act 2010 (“the Act”) in so far as these are not already in force. It also brings into force certain provisions of Part 4 of the Act which are connected with Part 2. The day appointed for the commencement of these provisions is 2nd July 2012.

Article 3 makes transitional provision in relation to the determination of the amounts of the levies payable by licensed legal services providers under section 57C of the Legal Profession and Legal Aid (Scotland) Act 2007. Section 29(4) to (10) of that Act will not apply for the purposes of determining the levies payable during the 2012-2013 financial year and the Scottish Legal Complaints Commission will, instead, require to fulfil the consultation requirement set out in that Article.

Article 4 makes transitional provision in relation to the determination of the amounts of the levies payable by approved regulators under section 80(4) of the Act for the first time which requires the Scottish Legal Complaints Commission to consult all those bodies that the Scottish Ministers have indicated as having an interest in applying to become approved regulators.

The Act received Royal Assent on 9th November 2010. Sections 146 to 150 came into force on the day after that day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementInstrument No.
Section 11st April 2011S.S.I. 2011/180
Section 21st April 2011S.S.I. 2011/180
Section 31st April 2011S.S.I. 2011/180
Section 41st April 2011S.S.I. 2011/180
Section 51st April 2011S.S.I. 2011/180
Section 61st April 2011S.S.I. 2011/180
Section 71st April 2011S.S.I. 2011/180
Section 81st April 2011S.S.I. 2011/180
Section 91st April 2011S.S.I. 2011/180
Section 10(1)1st April 2011S.S.I. 2011/180
Section 10(2) to (6), in part1st April 2011S.S.I. 2011/180
Section 121st April 2011S.S.I. 2011/180
Section 131st April 2011S.S.I. 2011/180
Section 141st April 2011S.S.I. 2011/180
Section 151st April 2011S.S.I. 2011/180
Section 161st April 2011S.S.I. 2011/180
Section 181st April 2011S.S.I. 2011/180
Section 191st April 2011S.S.I. 2011/180
Section 201st April 2011S.S.I. 2011/180
Section 211st April 2011S.S.I. 2011/180
Section 221st April 2011S.S.I. 2011/180
Section 231st April 2011S.S.I. 2011/180
Section 241st April 2011S.S.I. 2011/180
Section 251st April 2011S.S.I. 2011/180
Section 261st April 2011S.S.I. 2011/180
Section 271st April 2011S.S.I. 2011/180
Section 281st April 2011S.S.I. 2011/180
Section 291st April 2011S.S.I. 2011/180
Section 301st April 2011S.S.I. 2011/180
Section 31, in part1st April 2011S.S.I. 2011/180
Section 38, in part1st April 2011S.S.I. 2011/180
Section 421st April 2011S.S.I. 2011/180
Section 43, in part1st April 2011S.S.I. 2011/180
Section 441st April 2011S.S.I. 2011/180
Section 451st April 2011S.S.I. 2011/180
Section 471st April 2011S.S.I. 2011/180
Section 48, in part1st April 2011S.S.I. 2011/180
Section 49, in part1st April 2011S.S.I. 2011/180
Section 51, in part1st April 2011S.S.I. 2011/180
Section 52, in part1st April 2011S.S.I. 2011/180
Section 53, in part1st April 2011S.S.I. 2011/180
Section 55, in part1st April 2011S.S.I. 2011/180
Section 56, in part1st April 2011S.S.I. 2011/180
Section 57, in part1st April 2011S.S.I. 2011/180
Section 591st April 2011S.S.I. 2011/180
Section 62, in part1st April 2011S.S.I. 2011/180
Section 63, in part1st April 2011S.S.I. 2011/180
Section 65, in part1st April 2011S.S.I. 2011/180
Section 67(1) to (5), in part1st April 2011S.S.I. 2011/180
Section 67(6) and (7)1st April 2011S.S.I. 2011/180
Section 70, in part1st April 2011S.S.I. 2011/180
Section 761st April 2011S.S.I. 2011/180
Section 781st April 2011S.S.I. 2011/180
Section 79, in part1st April 2011S.S.I. 2011/180
Section 81, in part1st April 2011S.S.I. 2011/180
Section 83, in part1st April 2011S.S.I. 2011/180
Section 84, in part1st April 2011S.S.I. 2011/180
Section 91, in part1st April 2011S.S.I. 2011/180
Section 92, in part1st April 2011S.S.I. 2011/180
Section 93, in part1st April 2011S.S.I. 2011/180
Section 95, in part1st April 2011S.S.I. 2011/180
Section 100, in part1st April 2011S.S.I. 2011/180
Section 102, in part1st April 2011S.S.I. 2011/180
Section 103, in part1st April 2011S.S.I. 2011/180
Section 104, in part1st April 2011S.S.I. 2011/180
Section 106, in part1st April 2011S.S.I. 2011/180
Section 111, in part1st April 2011S.S.I. 2011/180
Section 112, in part1st April 2011S.S.I. 2011/180
Section 114, in part1st April 2011S.S.I. 2011/180
Section 1191st April 2011S.S.I. 2011/180
Section 1201st June 2011S.S.I. 2011/180
Section 1211st June 2011S.S.I. 2011/180
Section 1221st June 2011S.S.I. 2011/180
Section 1251st April 2011S.S.I. 2011/180
Section 1261st September 2011S.S.I. 2011/180
Section 1271st September 2011S.S.I. 2011/180
Section 128(1)(a)(ii), (1)(b)(i), (2) and (3)1st April 2011S.S.I. 2011/180
Section 129(1)(a)(i) and (ii) and (2)1st April 2011S.S.I. 2011/180
Section 1301st April 2011S.S.I. 2011/180
Section 1311st April 2011S.S.I. 2011/180
Section 13230th June 2011S.S.I. 2011/180
Section 133, in part1st April 2011S.S.I. 2011/180
Section 133, insofar as not already in force1st June 2011S.S.I. 2011/180
Section 1341st May 2011S.S.I. 2011/180
Section 1351st May 2011S.S.I. 2011/180
Section 1361st May 2011S.S.I. 2011/180
Section 1371st May 2011S.S.I. 2011/180
Section 1381st May 2011S.S.I. 2011/180
Section 1391st May 2011S.S.I. 2011/180
Section 1401st May 2011S.S.I. 2011/180
Section 1411st April 2011S.S.I. 2011/180
Section 1421st April 2011S.S.I. 2011/180
Section 1431st April 2011S.S.I. 2011/180
Section 1441st April 2011S.S.I. 2011/180
Section 1451st April 2011S.S.I. 2011/180
Schedule 1, in part1st April 2011S.S.I. 2011/180
Schedule 2, in part1st April 2011S.S.I. 2011/180
Schedule 3, in part1st April 2011S.S.I. 2011/180
Schedule 4, in part1st April 2011S.S.I. 2011/180
Schedule 5, in part1st April 2011S.S.I. 2011/180
Schedule 6, in part1st April 2011S.S.I. 2011/180
Schedule 8, in part1st April 2011S.S.I. 2011/180