1.—(1) This Order may be cited as the Legal Services (Scotland) Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2012 and comes into force on 2nd July 2012.
(2) In this Order—
“the 2007 Act” means the Legal Profession and Legal Aid (Scotland) Act 2007(1); and
“the Act” means the Legal Services (Scotland) Act 2010.
2. The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2), in so far as they are not already in force, is 2nd July 2012.
3.—(1) For the purposes of determining the amounts of the annual general levy and the complaints levy which are payable by a licensed provider to the Commission under section 57C of the 2007 Act (as inserted by section 81 of the Act) during the 2012-13 financial year—
(a)the requirement in section 29(1) of the 2007 Act for the Commission to have had regard to any views expressed in its consultation under subsection (4) is to be construed as a requirement to have had regard to any views expressed in its consultation under sub-paragraph (b);
(b)the Commission must consult—
(i)the Scottish Ministers; and
(ii)each approved regulator and all other bodies that the Scottish Ministers have advised the Commission as having an interest in applying to become approved regulators;
(c)the Commission must publish—
(i)the determination as soon as reasonably practicable; and
(ii)the responses it has received under sub-paragraph (b) within two months of concluding the consultation with the exception of any responses that it has received which are subject to an express request in writing for confidentiality;
(d)the Commission must, in so far as is reasonably practicable, secure that the amounts of the annual general levy and the complaints levy are reasonably sufficient to cover its anticipated expenditure during the 2012-13 financial year in respect of sections 57A (complaints about licensed providers) and 57B (regulatory complaints) of the 2007 Act;
(e)section 29(4) to (10) of that Act does not apply.
(2) In this article, “the annual general levy”, “the complaints levy” and “the Commission” have the meanings given to them in section 46(1) of the 2007 Act.
4. For the purposes of section 80(4) of the Act, where the Commission is determining the amount of the annual levy or complaints levy for the 2012-13 financial year, it is only to be regarded as having consulted each approved regulator where it has consulted each approved regulator and all those other bodies that the Scottish Ministers have indicated to the Commission as having an interest in applying to become approved regulators.
R CUNNINGHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
17th May 2012