Regulation of Legal Services (Scotland) Act 2025

Prospective

9 Regulatory committee: composition and membership S

(1) It is for the regulatory committee of a category 1 regulator to appoint its members.

(2) But a category 1 regulator may appoint members to its regulatory committee if, at the time of appointment, the regulatory committee is unable to do so (for example, if it is appointing the members of the first regulatory committee).

(3) A member of a regulatory committee—

(a) may be a person regulated by the regulator as a legal services provider, but

(b) must not be, or have been for at least two years, involved in the governing body of the regulator or the exercise of the regulator’s non-regulatory functions.

(4) A person may not be a member of the regulatory committee if the person—

(a) has had a right to practise (in law or otherwise) removed as a result of a finding of misconduct by a professional or disciplinary body,

(b) is suspended from practising (in law or otherwise) by a professional or disciplinary body,

(c) is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)), or

(d) has been convicted of an offence involving dishonesty.

(5) The regulatory committee may determine that a person may not be a member of the regulatory committee if the person has been convicted of an offence other than one referred to in subsection (4)(d).

(6) At least 50% of the members of a regulatory committee (and any sub-committee of it) of a category 1 regulator are to be lay members (see section 10).

(7) The regulatory committee may co-opt persons who are not members of the regulatory committee (subject to subsections (3)(b) and (4)).

(8) The validity of any proceedings of a regulatory committee (or any subcommittee of it) is not affected by a vacancy in membership.

(9) For the purpose of subsection (4), a professional or disciplinary body is a body which, in the opinion of the category 1 regulator, regulates the provision of professional services (such as law or accountancy) by means of requiring persons who wish to provide those services to meet certain standards and criteria and adhere to rules governing acceptable practice and conduct.

(10) A category 1 regulator must publish guidance in respect of how it applies subsection (4) in such a manner as to bring it to the attention of persons who are likely to be interested in the membership of its regulatory committee.

Commencement Information

I1 S. 9 not in force at Royal Assent, see s. 103(3)