The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012

Amendment of the Legal Aid (Scotland) Act 1986

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3.—(1) The Legal Aid (Scotland) Act 1986(1) is amended as follows.

(2) In section 31 (solicitors and counsel), after subsection (3)(c) insert—

(d)in the case of a solicitor investor in a licensed legal services provider, such conduct on the part of any person who is for the time being a solicitor investor in it..

(3) In section 41 (interpretation)—

(a)in the definition of “firm”(2), after “incorporated practice,” insert “a licensed legal services provider,”;

(b)after the definition of “legal aid” insert—

“licensed legal services provider” and “solicitor investor” are to be construed in accordance with Part 2 of the Legal Services (Scotland) Act 2010;; and

(c)in the definition of “solicitor connected with a firm”(3), after “sole solicitor” insert “, a solicitor investor in a firm”.

(4) In Schedule 1A(4), after paragraph 1(4)(b) (register of advice organisations) insert—

(c)a licensed legal services provider..

(2)

The definition of “firm” was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48), Schedule 1, paragraph 12(10)(b).

(3)

The definition of “solicitor connected with a firm” was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48), Schedule 1, paragraph 12(10)(b).

(4)

Schedule 1A was inserted by the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), section 67(9).