Regulation of Legal Services (Scotland) Act 2025 (asp 8)

Prospective

Schedule 3 S Minor and consequential modifications of enactments

Part 3 S Modification of other enactments in relation to complaints

Legal Services (Scotland) Act 2010 S

17 (1) The 2010 Act is amended as follows.

(2) In section 19 (financial sanctions)—

(a) in subsection (1)—

(i) the words from “the” to the end of the subsection become paragraph (a),

(ii) after that paragraph, insert—

“(b) the withdrawal of the imposition of a financial penalty if the regulator considers that it would not be reasonable to seek (or to continue to seek) payment of the financial penalty.”,

(b) for subsection (2) substitute—

“(2) The Scottish Ministers may by regulations specify the maximum amount of a financial penalty that may be imposed by virtue of subsection (1).”,

(c) after subsection (5) insert—

“(6) Before making regulations under subsection (2), the Scottish Ministers must consult—

(a) each approved regulator, and

(b) such other person or body as the Scottish Ministers consider appropriate.

(7) Regulations under subsection (2) may not be made without the agreement of the Lord President.”.

(3) In section 38 (measures open to Ministers), in subsection (6), the words “except paragraph (d)” are repealed.

(4) In section 121 (professional rules), after subsection (3) insert—

“(3A) Before making any rule which relates to complaints against advocates, the Faculty must consult the Scottish Legal Complaints Commission.”.

(5) In schedule 4 (financial penalties), paragraphs 8 to 10 are repealed.

Commencement Information

I1 Sch. 3 para. 17 not in force at Royal Assent, see s. 103(3)