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Regulation of Legal Services (Scotland) Act 2025

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This is the original version (as it was originally enacted).

Revenue powers in respect of authorised legal businesses

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38(1)Schedule 1 of the 1980 Act (the Law Society of Scotland) is amended as follows.

(2)In paragraph 6, for “paragraph” substitute “paragraphs 6B(2) and”.

(3)After paragraph 6A, insert—

6B(1)The Society may, in accordance with its authorisation rules made in pursuance of section 42(1)(e) of the Regulation of Legal Services (Scotland) Act 2025 charge an annual fee in relation to the authorisation of legal businesses (and may charge different fees based on such criteria (such as the size or financial performance of the business) as the rules may specify).

(2)For the purposes of paragraph 6, the Society in general meeting—

(a)is to take into account the amount of any annual authorisation fee payable under sub-paragraph (1) when fixing subscriptions under paragraph 6, and

(b)in so doing, may elect to fix a subscription of £0 for members (or categories of member) if it considers the annual authorisation fees payable under sub-paragraph (1) sufficient..

(4)In paragraph 7A, the words from “a” to the end become paragraph (a) and after that paragraph insert , or

(b)a special charge on all authorised legal businesses of such amount and payable at such time and for such specified purpose as it may determine..

(5)In paragraph 7B, after “member” in both places it occurs insert “or type of authorised legal business”.

(6)In paragraph 8, after “subscriptions” insert “, annual authorisation fees”.

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