Part 4

Miscellaneous

Power of the Scottish Ministers to adjust restricted legal services

Power of the Scottish Ministers to adjust restricted legal services
94
1
After section 32 of the 1980 Act (offence for unqualified person to prepare certain documents), insert—

Power to adjust what constitutes restricted legal services
32A
1
The Scottish Ministers may by regulations amend section 32 to make provision for or in connection with it being an offence for an unqualified person to—
a
draw or prepare certain documents, or
b
provide certain other legal services.
2
In particular, regulations under this section may—
a
add, amend or remove a description of—
i
a type of document that may not be drawn or prepared by an unqualified person without that person committing an offence,
ii
a type of legal service that may not be provided by an unqualified person without that person committing an offence,
b
add, amend or remove exemptions to the offence (including descriptions of persons to whom the offence does not apply) in relation to some or all of the documents or services that may not be drawn, prepared or, as the case may be, provided.
3
The Scottish Ministers may exercise the power to make regulations under subsection (1) only if they have received a request to exercise the power 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,
d
an approved regulator within the meaning of Part 2 of the 2010 Act, or
e
the independent advisory panel established by the Commission under paragraph 11A of schedule 1 of the 2007 Act.
4
Before making a request under subsection (3), 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
each approved regulator within the meaning of Part 2 of the 2010 Act,
iv
the panel mentioned in subsection (3)(e),
v
such other person or body as the requester considers appropriate,
b
except where the requester is the Lord President, secure the Lord President’s agreement to the making of the request.
5
But a body mentioned in subsection (4)(a)(i) to (iv) does not need to be consulted if the body is the requester.
6
For the purpose of seeking the Lord President’s agreement under subsection (4)(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 (4)(a).
7
A request under subsection (3) 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 (4)(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.
8
As soon as reasonably practicable after making a request under subsection (3), 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).
9
Regulations made under this section are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
.
2
The section title of section 32 becomes “Offence for unqualified person to provide certain legal services”.
S. 94 not in force at Royal Assent, see s. 103(3)