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Regulation of Legal Services (Scotland) Act 2025

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Power to make changes

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13(1)Where the Lord President is taking a measure mentioned in section 19(4)(d), the Lord President may—

(a)in a case where the regulator falls within sub-paragraph (6), direct the regulator to change its scheme in such manner and by such date as the Lord President may specify,

(b)in any other case, ask the Scottish Ministers to exercise the power under sub-paragraph (4) to change the regulatory functions exercised by the regulator.

(2)Where the Lord President is taking a measure mentioned in section 19(4)(e), the Lord President may—

(a)in a case where the regulator falls within sub-paragraph (6), direct the regulator to change its scheme in such manner and by such date as the Lord President may specify,

(b)in any other case, ask the Scottish Ministers to exercise the power under sub-paragraph (4) to change the way in which any of the regulatory functions of the regulator are to be exercised by it.

(3)Where the Lord President is taking a measure mentioned in section 19(4)(f) in relation to a regulator that falls within sub-paragraph (6), the Lord President may revoke the approval of the regulator’s application under section 28 of this Act or, as the case may be, under section 26(6) of the 1990 Act.

(4)Following a request from the Lord President under sub-paragraph (1)(b) or (2)(b), the Scottish Ministers may by regulations make provision to change—

(a)the regulatory functions exercised by the regulator, or

(b)the way in which any of the regulatory functions of the regulator are to be exercised by it.

(5)The Scottish Ministers may exercise the power under sub-paragraph (4) only in accordance with such a request.

(6)A regulator falls within this paragraph if it is an accredited regulator or if it acquired rights for its members to provide legal services (other than rights to conduct litigation and rights of audience) by virtue of an application under section 25 of the 1990 Act.

(7)Regulations under this paragraph may amend an enactment.

(8)For the purposes of sub-paragraphs (1)(a) and (2)(a), the regulator’s scheme is the scheme that was approved under section 26(6) of the 1990 Act or, as the case may be, section 28 of this Act (as such scheme may be amended from time to time).

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