Legislation – Regulation of Legal Services (Scotland) Act 2025

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Schedule 2Further provision about measures open to the Lord President

Part 5Procedure for imposing a measure

Application

16

This Part applies to the Lord President taking any measure mentioned in section 19(4) against a category 1 or category 2 regulator.

Notice of intention

17 (1)

Before taking a measure against the regulator, the Lord President must give it a notice (a “notice of intention”) of the Lord President’s intention to do so.

(2)

The notice of intention must set out the details of the proposed measure and, in particular, must—

(a)

state the type of measure (or measures) that the Lord President intends to take,

(b)

set out the details of what the Lord President proposes under the measure,

(c)

explain why the Lord President is satisfied that it is appropriate to take the measure.

Consultation

18 (1)

The regulator has 28 days beginning with the date of receipt of the notice of intention (or such longer period as the regulator and the Lord President may agree) to make representations to the Lord President about the proposed measure.

(2)

The Lord President must—

(a)

publish the notice of intention in such manner as the Lord President considers most appropriate for bringing it to the attention of any relevant person or body,

(b)

give a copy of the notice of intention to such person or body as the Lord President considers appropriate,

(c)

after the expiry of the period for representations—

(i)

give the recipients under paragraph (b) a copy of any representations received from the regulator,

(ii)

consult them accordingly in relation to the proposed measure (which consultation must provide at least 21 days for the consultees to respond).

(3)

Where the proposed measure is to remove all of the regulatory functions of the regulator as mentioned in section 19(4)(f), the Lord President must—

(a)

give a copy of the notice of intention under sub-paragraph (2)(b) to each person who is authorised by the regulator to provide legal services (“the authorised providers”), and

(b)

consult the authorised providers in accordance with sub-paragraph (2)(c) about, in particular, in the event that all of the regulatory functions are removed from the regulator whether a majority of the authorised providers would like—

(i)

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

(ii)

to form a body and submit an application under section 23 seeking accreditation of the body to authorise them to exercise their acquired rights (or such of them as may be surrendered) and regulate their exercise of the acquired rights.

(4)

For the purpose of sub-paragraph (3), the Lord President may direct the regulator to give to each of the authorised providers (on the Lord President’s behalf) a copy of the notice of intention and the information required for the consultation.

Decision

19 (1)

The Lord President must have regard to any representations made to the Lord President by the regulator, or any consultee under paragraph 18(2)(c), when deciding whether to proceed with the proposed measure.

(2)

The Lord President must—

(a)

give a notice of the Lord President’s decision (a “decision notice”) to the regulator,

(b)

notify the consultees under paragraph 18(2)(c) of the Lord President’s decision,

(c)

publish the decision notice in such manner as the Lord President considers most appropriate for bringing it to the attention of any relevant person or body.

(3)

The decision notice must—

(a)

explain the Lord President’s reasons for proceeding with the measure,

(b)

set out the details of the action the Lord President is taking under the measure as required by the relevant Part of this schedule, and

(c)

if appropriate, specify the date from which the measure will take effect (which may be the date on which that notice is given).

Meaning of relevant persons or bodies

20

For the purposes of this Part, relevant persons or bodies include—

(a)

other category 1 and category 2 regulators,

(b)

legal services providers,

(c)

organisations representing the interests of consumers,

(d)

members of the public.