Part 2

Regulation of legal businesses

Requirement to be authorised to provide legal services

Offence of pretending to be an authorised legal business
40
1
A person commits an offence if the person without reasonable excuse—
a
takes or uses any name, title, addition or description implying that the person is an authorised legal business,
b
otherwise pretends to be an authorised legal business.
2
A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding £20,000.
3
The Scottish Ministers may by regulations amend subsection (2) to substitute a different amount of fine for the one for the time being specified there.
4
Before making regulations under subsection (3), the Scottish Ministers must—
a
consult—
i
the regulatory committee (if any) of each category 1 regulator,
ii
each category 1 regulator that has no functions other than regulatory functions, and
iii
such other person or body as the Scottish Ministers consider appropriate, and
b
publish copies of any written representations received in response to the consultation in such manner as they consider appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).
5
Regulations under subsection (3) are subject to the negative procedure.
S. 40 not in force at Royal Assent, see s. 103(3)