Part 1
Regulatory framework
Chapter 1 Objectives, principles and key definitions
1 Overview of the regulatory framework
3 Application of the regulatory objectives
5 Meaning of “legal services” and “legal services provider”
6 Meaning of regulatory functions
Requirements of category 1 regulators
8 Exercise of regulatory functions
9 Regulatory committee: composition and membership
10 Regulatory committee: lay and legal members
11 Regulatory committee: convener, sub-committees and minutes
12 Annual reports of category 1 regulators
Requirements of category 2 regulators
14 Exercise of regulatory functions
15 Annual reports of category 2 regulators
Requirements of both category 1 and category 2 regulators
16 Register of regulated legal services providers
17 Professional indemnity insurance
Powers of the Lord President in relation to regulators
18 Review of regulatory performance by the Lord President
19 Measures open to the Lord President
20 Power to direct special rule changes
21 Powers to amend or revoke directions
Chapter 3 New regulators of legal services
23 Right to provide legal services
25 Regulatory scheme – additional matters to be included: further provision
26 Publication of draft regulatory scheme and representations
27 Consideration of applications
28 Approval of application and giving effect to the regulatory scheme
Exercise of the acquired rights
29 Exercise of rights to provide legal services
31 Offence of pretending to have acquired rights
32 Review of regulatory scheme on initiative of accredited regulator
33 Review of regulatory schemes
34 Revocation of acquired rights
35 Replacement regulatory arrangements for authorised providers
36 Consequential amendments and repeals
37 Transitional and saving provision for regulators approved under the 1990 Act
Part 2
Regulation of legal businesses
39 Requirement for legal businesses to be authorised to provide legal services
40 Offence of pretending to be an authorised legal business
41 Rules for authorised legal businesses
43 Appeals in relation to authorisation decisions
46 Reconciling different rules
47 Monitoring of performance of authorised legal businesses
49 Entities changing regulatory regime
Part 3
Complaints
50 Receipt of complaints: preliminary steps
51 Complaints initiated by, or continued by, the Commission
52 Ineligible or premature complaints
53 Commission process relating to complaints
54 Commission’s duty to investigate and determine services complaints
55 Regulatory complaints against authorised legal businesses
56 Services complaint: sanctions
57 Commission decision making and delegation
58 Commission review committee
60 Power of Commission to request practitioner’s details in connection with complaints
61 Services complaints: special provision for complaints against unregulated persons
63 Annual general levy and complaints levy
65 Commission rules as to practice and procedure
66 Conduct or regulatory complaint raised by relevant professional organisation
68 Conduct complaints: consideration by relevant professional organisations
69 Complaints: monitoring and setting of minimum standards by the Commission
70 Compensation funds: setting of minimum standards by the Commission
71 Enforcement of minimum standards
72 Obtaining information from practitioners
73 Power to disclose information about complaints: Commission
74 Restriction on disclosure of information: Commission
75 Power to disclose information about complaints: relevant professional organisations
76 Restriction on disclosure of information: relevant professional organisations
77 Conduct complaints: power to impose unlimited fine and removal of power to award compensation
78 Faculty of Advocates: complaint of professional misconduct and publication of decision
80 Role of the independent advisory panel
82 Minor and consequential amendments
Part 4
Miscellaneous
85 Removal of requirement to act for fee, gain or reward
86 Eligibility criteria: law centres
88 Non-solicitor investors: factors as to fitness
89 Removal of practising restrictions: law centres, citizens advice bodies and charities
90 Offence of taking or using the title of lawyer
91 Offence of pretending to be a regulated legal services provider
92 Offence of pretending to be a member of Faculty of Advocates
93 Time limit for prosecution of offences
94 Power of the Scottish Ministers to adjust restricted legal services
95 Lord President’s functions under Parts 1 and 2: rule-making making power
96 Modification of other enactments
Part 5
General
98 Individual culpability for offending by an organisation
99 Civil enforcement in relation to offences
SCHEDULES
Schedule 1 Law Society of Scotland
Schedule 2 Further provision about measures open to the Lord President
Schedule 3 Minor and consequential modifications of enactments
The 1980 Act is amended as follows.