The Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012

Scottish Statutory Instruments

2012 No. 213

Legal Profession

The Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012

Made

27th June 2012

Coming into force

2nd July 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 49(4) of the Legal Services (Scotland) Act 2010(1) and all other powers enabling them to do so.

In accordance with section 5 of that Act, the Scottish Ministers considered it appropriate to consult, and have consulted, such persons or bodies as appear to them to have a significant interest in the particular subject matter to which the making of these Regulations relates.

In accordance with section 49(5)(b) of that Act, the Scottish Ministers have consulted the persons and bodies specified in that section.

In accordance with section 49(5)(a) of that Act, the Scottish Ministers have obtained the Lord President’s agreement to the making of these Regulations.

In accordance with section 146(3)(a)(vii) of that Act(2), a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 and come into force on 2nd July 2012, or, if later, on the day after the day on which they are made.

Regulated Professions

2.  In connection with section 49(2)(b) and (3) (majority ownership) of the Legal Services (Scotland) Act 2010—

(a) only a profession specified in the column headed “profession” of the table set out in the Schedule is to be regarded as a regulated profession;

(b) subject to paragraph (c), only a person who is entitled to practise any such profession under the regulation of the professional association specified in the corresponding entry in the column headed “professional association” of that table is to be regarded as a member of that profession;

(c) where, in respect of any such profession, any requirements are specified in the corresponding entry in the column headed “other requirements” of that table, a person is only to be regarded as a member of that profession where he or she—

(i) is regulated by the professional association specified in the corresponding entry in the column headed “professional association” of that table; and

(ii) satisfies those requirements.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th June 2012

Regulation 2

SCHEDULE Regulated Professions

Profession	Professional Association	Other requirements
Actuary	The Institute and Faculty of Actuaries	The person is a fellow or an associate of the Institute and Faculty of Actuaries
Architect	The Architects Registration Board
Barrister	The General Council of the Bar	The person possesses a valid practising certificate issued by the General Council of the Bar
Chartered Accountant	The Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Ireland or the Institute of Chartered Accountants of Scotland	The person is entitled to use the designation “chartered accountant”
Chartered Certified Accountant	The Association of Chartered Certified Accountants
Chartered Management Accountant	The Chartered Institute of Management Accountants
Chartered Public Finance Accountant	The Chartered Institute of Public Finance and Accountancy
Chartered Surveyor	The Royal Institution of Chartered Surveyors
Commercial Attorney	The Association of Commercial Attorneys	The person possesses a right to conduct litigation or a right of audience under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(3)
Licensed Conveyancer	The Council for Licensed Conveyancers
Patent Attorney	The Chartered Institute of Patent Attorneys
Registered Trade Mark Attorney or Registered Trade Mark Agent	The Institute of Trade Mark Attorneys

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify, in connection with section 49(2) and (3) of the Legal Services (Scotland) Act 2010 (“the Act”), the professions which are to be regarded as regulated professions and the persons who are to be regarded as members of those professions.

By virtue of section 49(2) of the Act, a member of a regulated profession counts as a qualifying investor in a licensed legal services provider and his or her stake in the total ownership or control of the entity counts towards the majority ownership requirement set out in section 49(1).

(1)

2010 asp 16.

(2)

Section 146(3)(a)(vii) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

(3)

1990 c.40. See sections 25 to 29.