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Regulation of Legal Services (Scotland) Act 2025
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There are currently no known outstanding effects for the Regulation of Legal Services (Scotland) Act 2025, Section 38.
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Prospective
38Overview of PartS
This section has no associated Explanatory Notes
(1)This Part makes provision for category 1 regulators to authorise legal businesses to provide legal services.
(2)Section 39—
(a)defines what constitutes a legal business (and associated expressions) for the purpose of this Part, and
(b)makes it an offence for a legal business to provide legal services without being authorised by the appropriate regulator of that business.
(3)Section 40 makes it an offence to pretend, without reasonable excuse, to be an authorised legal business.
(4)Sections 41 to 46 require category 1 regulators to prepare and operate rules to authorise and regulate legal businesses.
(5)Section 47 deals with how a category 1 regulator is to monitor and investigate the performance of authorised legal businesses.
(6)Section 48 and Part 2 of schedule 1 (which amends the 1980 Act)—
(a)enable the Law Society to authorise (and regulate) legal businesses,
(b)reflect that incorporated practices (within the meaning of section 34 of the 1980 Act) are to be authorised as a type of legal business.
(7)Section 49 makes provision for where a body must change its regulatory regime by virtue of changing the manner in which it is owned.
Commencement Information
I1S. 38 not in force at Royal Assent, see s. 103(3)
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