Part 2Regulation of licensed legal services

Chapter 1Approved regulators

Change of regulator

43Change of approved regulator

1

A licensed legal services provider may transfer voluntarily to the regulation of a different approved regulator (a “new regulator”) from the one which issued its current licence (the “current regulator”).

2

But the transfer requires the new regulator’s written consent (and its agreement to issue the licensed provider with a licence having effect from the date on which the transfer is to occur).

3

Where a licensed provider wishes to do so, it must—

a

give a notice which complies with subsection (4) to—

i

the current regulator, and

ii

the Scottish Ministers, and

b

provide such further information as may reasonably be required by either of them.

4

A notice complies with this subsection if it—

a

explains why the licensed provider wishes to transfer to the regulation of a new regulator,

b

specifies—

i

the new regulator,

ii

the date on which the transfer is to occur (which must be within 28 days of the date of the notice), and

c

is accompanied by a copy of the new regulator’s written consent to the transfer.

5

On the coming into effect of a licence issued to the licensed provider by a new regulator, the licence issued to it by the current regulator ceases to have effect.

6

The Scottish Ministers may by regulations make further provision about the transfer by a licensed provider to the regulation of a new regulator.

44Step-in by Ministers

1

The Scottish Ministers may by regulations make provision which establishes a body with a view to its becoming an approved regulator.

2

The Scottish Ministers may by regulations make provision which allows them to act as an approved regulator in such circumstances as the regulations may prescribe.

3

Regulations under subsection (2) may provide for this Part to apply with or subject to such modifications as the regulations may specify.

4

No regulations are to be made under subsection (1) or (2)—

a

without the Lord President’s agreement, and

b

unless the Scottish Ministers believe that their intervention under this section is necessary, as a last resort, in order to ensure that the provision of legal services by licensed providers is regulated effectively.