Legal Services (Scotland) Act 2010 Explanatory Notes

Legal Services (Scotland) Act 2010

2010 asp 16

Commentary on Sections

Part 3 – Confirmation and Will Writing Services

Chapter 2 – Will Writing Services

Regulation of will writers

Section 102 – Approving bodiesSection 103 – Certification of bodies

211. Approving bodies are able to authorise individuals to provide will writing services, and are responsible for regulating those individuals which they have so authorised (see section 104).

212. These sections set out the process and criteria for becoming an approving body of will writers. Section 102 covers the requirements of the application to the Scottish Ministers, which must include (among other things) the applicant’s proposed regulatory scheme. Section 103 sets out the conditions which must be met before the Scottish Ministers can certify a body as an approving body. This certification may be subject to conditions which the Scottish Ministers may vary by addition or deletion after consultation with the approving body.

213. The Scottish Ministers have a regulation making power (under section 102(6)) to prescribe fees that they may charge an applicants to be approving body.

214. The Scottish Ministers also have the power (under section 103(8)) to make regulations regarding the application process and, in relation to their capability to act as an approving body, the criteria for certification. This power may be used to set out the application process in more detail.