Regulation of Legal Services (Scotland) Act 2025

Prospective

30 Surrender of rights S

(1) An accredited regulator may apply to the Lord President to surrender some or all of the acquired rights.

(2) Before submitting an application under subsection (1), the accredited regulator must consult its authorised providers in relation to the proposed application.

(3) An application under subsection (1) must include copies of any representations received in response to the consultation under subsection (2).

(4) As soon as practicable after receipt of such an application, the Lord President must—

(a) send a copy of the application to such person or body (other than an authorised provider of the accredited regulator) as the Lord President considers appropriate, and

(b) consult them accordingly.

(5) Where an application under subsection (1) is for the surrender of all of the regulator’s acquired rights, consultation under subsection (2) with the body’s authorised providers must, in particular, seek their views about whether a majority of the providers would like—

(a) another category 1 or category 2 regulator to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights (if that other regulator is content to so authorise and regulate them), or

(b) to form a body and submit an application under section 23 seeking accreditation of the body to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights.

(6) A consultee under subsection (2) has a period of 6 weeks beginning with the day on which the consultee receives notification from the accredited regulator of the opportunity to make representations (or, if the regulator considers it appropriate and the Lord President consents, such shorter period as may be specified in the notice) to make representations to the regulator about the proposed surrender.

(7) The consultees under subsection (4) have a period of 6 weeks beginning with the day on which a copy of the application is sent (or, if the Lord President considers it appropriate, such shorter period as may be specified when sending a copy to the consultees) to make representations to the Lord President about the proposed surrender.

(8) The Lord President may give directions (at any time) as to the requirements with which a body wishing to surrender all or some of its authorised providers’ acquired rights will have to comply.

(9) Directions under subsection (8) may—

(a) in particular—

(i) require arrangements to be made for the completion of any work outstanding at the time the application is made, and

(ii) relate to the circumstances of a particular body,

(b) be varied or revoked by the Lord President.

(10) Where the Lord President grants the application in respect of some or all of the acquired rights of the accredited regulator, the Lord President is to—

(a) give notice to the regulator specifying the date (or dates) on which it is to take effect, and

(b) publish the notice in such manner as the Lord President considers appropriate (having regard to the desirability of it being accessible to those likely to have an interest in it).

(11) From the date specified in the notice, a person authorised by the body to provide legal services ceases to be authorised and may not exercise the acquired rights or, if applicable, such of them as has been surrendered.

(12) Subsection (13) applies where—

(a) an application under subsection (1) is for the surrender of all of the regulator’s acquired rights, and

(b) the majority of the providers consulted under subsection (2) have expressed a preference for an outcome mentioned in paragraph (a) or (b) of subsection (5).

(13) Notice given by the Lord President under subsection (10) may (instead of specifying the date on which the notice is to take effect) specify that the notice is to take effect on the date on which one of the following events occurs—

(a) the providers consulted under subsection (2) are authorised to exercise their acquired rights (and are regulated in their exercise of the acquired rights) by another category 1 or category 2 regulator,

(b) an application submitted under section 23(1) by a body formed by those providers is approved or refused by the Lord President under section 28.

(14) Where a notice under subsection (10) specifies that the notice is to take effect on the occurrence of an event mentioned in subsection (13), subsection (11) has effect as if the reference to “the date specified in the notice” were a reference to “the date of the occurrence of the event mentioned in subsection (13) that is specified in the notice”.

Commencement Information

I1 S. 30 not in force at Royal Assent, see s. 103(3)