Regulation of Legal Services (Scotland) Act 2025

Prospective

34 Revocation of acquired rights S

(1) Where it appears to the Lord President that an accredited regulator has failed to comply with a direction under section 32(3)(c) or 33(5), the Lord President may revoke the approval of the application under section 28.

(2) The Lord President must—

(a) give notice of the Lord President’s decision to revoke approval of the application under section 28 (a “decision notice”) to the regulator, and

(b) publish the decision notice in such manner as the Lord President considers most appropriate for bringing it to the attention of any relevant person or body.

(3) Before issuing a decision notice, the Lord President must consult each person who is authorised by the accredited regulator to provide legal services (“the authorised providers”) in relation to the proposed decision and, in particular, with a view to determining whether, in consequence of the revocation of the accredited regulator’s approval, a majority of the authorised providers would like—

(a) another category 1 or category 2 regulator to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights if that other regulator is content to so authorise and regulate them, or

(b) to form a body and submit an application under section 23 seeking accreditation of the body to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights.

(4) Where a majority of the providers consulted under subsection (3) have expressed a preference for an outcome mentioned in paragraph (a) or (b) of that subsection, the Lord President may decide not to issue a decision notice for such period as the Lord President considers appropriate to enable—

(a) another category 1 or category 2 regulator to authorise and regulate the providers, or (as the case may be)

(b) the providers to form a body and submit an application under section 23 in respect of that body.

(5) From such date as may be specified in a decision notice, a person authorised by the accredited regulator ceases to be so authorised and may not exercise the rights acquired by virtue of that authorisation.

Commencement Information

I1 S. 34 not in force at Royal Assent, see s. 103(3)