Scottish Statutory Instruments
Legal Profession
Made
27th June 2012
Coming into force
2nd July 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 49(4) of the Legal Services (Scotland) Act 2010(1) and all other powers enabling them to do so.
In accordance with section 5 of that Act, the Scottish Ministers considered it appropriate to consult, and have consulted, such persons or bodies as appear to them to have a significant interest in the particular subject matter to which the making of these Regulations relates.
In accordance with section 49(5)(b) of that Act, the Scottish Ministers have consulted the persons and bodies specified in that section.
In accordance with section 49(5)(a) of that Act, the Scottish Ministers have obtained the Lord President’s agreement to the making of these Regulations.
In accordance with section 146(3)(a)(vii) of that Act(2), a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.
1. These Regulations may be cited as the Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 and come into force on 2nd July 2012, or, if later, on the day after the day on which they are made.
2. In connection with section 49(2)(b) and (3) (majority ownership) of the Legal Services (Scotland) Act 2010—
(a)only a profession specified in the column headed “profession” of the table set out in the Schedule is to be regarded as a regulated profession;
(b)subject to paragraph (c), only a person who is entitled to practise any such profession under the regulation of the professional association specified in the corresponding entry in the column headed “professional association” of that table is to be regarded as a member of that profession;
(c)where, in respect of any such profession, any requirements are specified in the corresponding entry in the column headed “other requirements” of that table, a person is only to be regarded as a member of that profession where he or she—
(i)is regulated by the professional association specified in the corresponding entry in the column headed “professional association” of that table; and
(ii)satisfies those requirements.
R CUNNINGHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
27th June 2012
Regulation 2
Profession | Professional Association | Other requirements |
|---|---|---|
| Actuary | The Institute and Faculty of Actuaries | The person is a fellow or an associate of the Institute and Faculty of Actuaries |
| Architect | The Architects Registration Board | |
| Barrister | The General Council of the Bar | The person possesses a valid practising certificate issued by the General Council of the Bar |
| Chartered Accountant | The Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Ireland or the Institute of Chartered Accountants of Scotland | The person is entitled to use the designation “chartered accountant” |
| Chartered Certified Accountant | The Association of Chartered Certified Accountants | |
| Chartered Management Accountant | The Chartered Institute of Management Accountants | |
| Chartered Public Finance Accountant | The Chartered Institute of Public Finance and Accountancy | |
| Chartered Surveyor | The Royal Institution of Chartered Surveyors | |
| Commercial Attorney | The Association of Commercial Attorneys | The person possesses a right to conduct litigation or a right of audience under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(3) |
| Licensed Conveyancer | The Council for Licensed Conveyancers | |
| Patent Attorney | The Chartered Institute of Patent Attorneys | |
| Registered Trade Mark Attorney or Registered Trade Mark Agent | The Institute of Trade Mark Attorneys |
(This note is not part of the Regulations)
These Regulations specify, in connection with section 49(2) and (3) of the Legal Services (Scotland) Act 2010 (“the Act”), the professions which are to be regarded as regulated professions and the persons who are to be regarded as members of those professions.
By virtue of section 49(2) of the Act, a member of a regulated profession counts as a qualifying investor in a licensed legal services provider and his or her stake in the total ownership or control of the entity counts towards the majority ownership requirement set out in section 49(1).
Section 146(3)(a)(vii) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
1990 c.40. See sections 25 to 29.