Part 2

Regulation of legal businesses

Regulation of authorised legal businesses

Reconciling different rules
46
1
The provision required by section 41(2)(b) to be in the ALB rules is such provision as is reasonably practicable (and appropriate in the circumstances) for—
a
preventing or resolving regulatory conflicts, and
b
avoiding unnecessary duplication of regulatory rules (for example, by applying existing regulatory rules in so far as possible).
2
For the purposes of this section, a regulatory conflict is a conflict between (any of)—
a
the ALB rules of a category 1 regulator,
b
any other professional or regulatory rules made by the regulator in respect of the persons who provide legal services that it regulates, and
c
any professional or regulatory rules made by any other body which regulates the provision of legal or other services by the persons regulated by the category 1 regulator.
3
The Scottish Ministers may by regulations make further provision about regulatory conflicts (such as may involve a category 1 regulator).
4
The Scottish Ministers may exercise the power to make regulations under subsection (3) only if they have received a request from—
a
the Lord President,
b
the regulatory committee of a category 1 regulator,
c
a category 1 regulator that has no functions other than regulatory functions, or
d
the independent advisory panel of the Commission.
5
Before making a request under subsection (4), the person making the request (“the requester”) 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,
iii
the independent advisory panel of the Commission, and
iv
such other person or body as the requester considers appropriate, and
b
except where the requester is the Lord President, secure the Lord President’s agreement to the making of the request.
6
But a body mentioned in subsection (5)(a)(i) to (iii) does not need to be consulted if the body is the requester.
7
For the purpose of seeking the Lord President’s agreement under subsection (5)(b), the requester must provide to the Lord President—
a
a document setting out—
i
an explanation of the change sought by the proposed exercise of the power, and
ii
the reasons for seeking the change,
b
copies of any written representations received in response to the consultation under subsection (5)(a).
8
A request under subsection (4) must include—
a
a document setting out—
i
an explanation of the change sought by the proposed exercise of the power, and
ii
the reasons for seeking the change,
b
copies of any written representations received in response to the consultation under subsection (5)(a), and
c
except where the requester is the Lord President, written confirmation of the Lord President’s agreement to the making of the request.
9
As soon as reasonably practicable after making a request under subsection (4), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).
10
Regulations under subsection (3) are subject to the negative procedure.
S. 46 not in force at Royal Assent, see s. 103(3)