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Statutory Instruments of the Scottish Parliament
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Scottish Statutory Instruments
2012 No. 152 (C. 14)
Legal Profession
The Legal Services (Scotland) Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2012
Made
17th May 2012
Laid before the Scottish Parliament
21st May 2012
Coming into force
2nd July 2012
The Scottish Ministers make the following Order in exercise of the powers conferred by section 150(2) and (4) of the Legal Services (Scotland) Act 2010(1).
Citation, commencement and interpretation
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(2); and
"the Act" means the Legal Services (Scotland) Act 2010.
Appointed day
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.
Transitional provision -“ levies payable by licensed legal services providers
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.
Transitional provision -“ levies payable by approved regulators
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
Article 2
SCHEDULE
| Column 1 (provisions of the Act) | Column 2 (subject matter) |
|---|---|
| Section 10(2) to (6) | Authorisation to act |
| Section 11 | Request for authorisation |
| Section 17 | Licensing appeals |
| Section 31 | Assessment of licensed providers |
| Section 32 | Giving information to SLAB |
| Section 33 | Reporting to Law Society |
| Section 34 | Steps open to Society |
| Section 35 | Financial inspection by Society |
| Section 36 | Review of own performance |
| Section 37 | Monitoring by Ministers |
| Section 38 | Measures open to Ministers |
| Section 39 | Surrender of authorisation |
| Section 40 | Cessation directions |
| Section 41 | Transfer arrangements |
| Section 43 | Change of approved regulator |
| Section 46 | Guidance on functions |
| Section 48 | Eligibility criteria |
| Section 49 | Majority ownership |
| Section 50 | Key duties |
| Section 51 | Head of Legal Services |
| Section 52 | Head of Practice |
| Section 53 | Practice Committee |
| Section 54 | Notice of appointment |
| Section 55 | Challenge to appointment |
| Section 56 | Disqualification from position |
| Section 57 | Effect of disqualification |
| Section 58 | Conditions for disqualification |
| Section 60 | Working context |
| Section 61 | Listing and information |
| Section 62 | Fitness for involvement |
| Section 63 | Exemption from fitness text |
| Section 64 | Factors as to fitness |
| Section 65 | Ban for improper behaviour |
| Section 66 | Behaving properly |
| Section 67 | More about investors |
| Section 68 | Duty to warn |
| Section 69 | Inability to operate |
| Section 70 | Safeguarding clients |
| Section 71 | Distribution of client account |
| Section 72 | Employing disqualified lawyer |
| Section 73 | Concealing disqualification |
| Section 74 | Pretending to be licensed |
| Section 75 | Professional privilege |
| Section 77 | Role of approved regulators |
| Section 79 | Complaints about regulators |
| Section 80 | Levy payable by regulators |
| Section 81 | Complaints about providers |
| Section 82 | Register of approved regulators |
| Section 83 | Registers of licence providers |
| Section 84 | Lists of disqualified persons |
| Section 85 | Privileged material |
| Section 86 | Immunity from damages |
| Section 87 | Appeal procedure |
| Section 88 | Corporate offences |
| Section 89 | Effect of professional or other rules |
| Section 123 | Licensed providers as qualified persons |
| Section 124 | Practice rules for licensed providers |
| Section 128(1)(a)(i) and (iii), (b)(ii), (c) and (d) | Use of Guarantee Fund |
| Section 129(1)(a)(iii) and (b) to (g) and (3) | Contributions to the Fund |
| Schedule 1 | Performance targets |
| Schedule 2 | Directions |
| Schedule 3 | Censure |
| Schedule 4 | Financial penalties |
| Schedule 5 | Amendment of authorisation |
| Schedule 6 | Rescission of authorisation |
| Schedule 7 | Surrender of authorisation |
| Schedule 8 | Investors in licensed providers |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force the provisions of Part 2 of, and schedules 1 to 8 to, the Legal Services (Scotland) Act 2010 ("the Act") in so far as these are not already in force. It also brings into force certain provisions of Part 4 of the Act which are connected with Part 2. The day appointed for the commencement of these provisions is 2nd July 2012.
Article 3 makes transitional provision in relation to the determination of the amounts of the levies payable by licensed legal services providers under section 57C of the Legal Profession and Legal Aid (Scotland) Act 2007. Section 29(4) to (10) of that Act will not apply for the purposes of determining the levies payable during the 2012-2013 financial year and the Scottish Legal Complaints Commission will, instead, require to fulfil the consultation requirement set out in that Article.
Article 4 makes transitional provision in relation to the determination of the amounts of the levies payable by approved regulators under section 80(4) of the Act for the first time which requires the Scottish Legal Complaints Commission to consult all those bodies that the Scottish Ministers have indicated as having an interest in applying to become approved regulators.
The Act received Royal Assent on 9th November 2010. Sections 146 to 150 came into force on the day after that day.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.
| Provision | Date of Commencement | Instrument No. |
|---|---|---|
| Section 1 | 1st April 2011 | S.S.I. 2011/180 |
| Section 2 | 1st April 2011 | S.S.I. 2011/180 |
| Section 3 | 1st April 2011 | S.S.I. 2011/180 |
| Section 4 | 1st April 2011 | S.S.I. 2011/180 |
| Section 5 | 1st April 2011 | S.S.I. 2011/180 |
| Section 6 | 1st April 2011 | S.S.I. 2011/180 |
| Section 7 | 1st April 2011 | S.S.I. 2011/180 |
| Section 8 | 1st April 2011 | S.S.I. 2011/180 |
| Section 9 | 1st April 2011 | S.S.I. 2011/180 |
| Section 10(1) | 1st April 2011 | S.S.I. 2011/180 |
| Section 10(2) to (6), in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 12 | 1st April 2011 | S.S.I. 2011/180 |
| Section 13 | 1st April 2011 | S.S.I. 2011/180 |
| Section 14 | 1st April 2011 | S.S.I. 2011/180 |
| Section 15 | 1st April 2011 | S.S.I. 2011/180 |
| Section 16 | 1st April 2011 | S.S.I. 2011/180 |
| Section 18 | 1st April 2011 | S.S.I. 2011/180 |
| Section 19 | 1st April 2011 | S.S.I. 2011/180 |
| Section 20 | 1st April 2011 | S.S.I. 2011/180 |
| Section 21 | 1st April 2011 | S.S.I. 2011/180 |
| Section 22 | 1st April 2011 | S.S.I. 2011/180 |
| Section 23 | 1st April 2011 | S.S.I. 2011/180 |
| Section 24 | 1st April 2011 | S.S.I. 2011/180 |
| Section 25 | 1st April 2011 | S.S.I. 2011/180 |
| Section 26 | 1st April 2011 | S.S.I. 2011/180 |
| Section 27 | 1st April 2011 | S.S.I. 2011/180 |
| Section 28 | 1st April 2011 | S.S.I. 2011/180 |
| Section 29 | 1st April 2011 | S.S.I. 2011/180 |
| Section 30 | 1st April 2011 | S.S.I. 2011/180 |
| Section 31, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 38, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 42 | 1st April 2011 | S.S.I. 2011/180 |
| Section 43, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 44 | 1st April 2011 | S.S.I. 2011/180 |
| Section 45 | 1st April 2011 | S.S.I. 2011/180 |
| Section 47 | 1st April 2011 | S.S.I. 2011/180 |
| Section 48, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 49, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 51, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 52, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 53, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 55, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 56, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 57, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 59 | 1st April 2011 | S.S.I. 2011/180 |
| Section 62, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 63, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 65, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 67(1) to (5), in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 67(6) and (7) | 1st April 2011 | S.S.I. 2011/180 |
| Section 70, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 76 | 1st April 2011 | S.S.I. 2011/180 |
| Section 78 | 1st April 2011 | S.S.I. 2011/180 |
| Section 79, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 81, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 83, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 84, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 91, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 92, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 93, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 95, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 100, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 102, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 103, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 104, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 106, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 111, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 112, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 114, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 119 | 1st April 2011 | S.S.I. 2011/180 |
| Section 120 | 1st June 2011 | S.S.I. 2011/180 |
| Section 121 | 1st June 2011 | S.S.I. 2011/180 |
| Section 122 | 1st June 2011 | S.S.I. 2011/180 |
| Section 125 | 1st April 2011 | S.S.I. 2011/180 |
| Section 126 | 1st September 2011 | S.S.I. 2011/180 |
| Section 127 | 1st September 2011 | S.S.I. 2011/180 |
| Section 128(1)(a)(ii), (1)(b)(i), (2) and (3) | 1st April 2011 | S.S.I. 2011/180 |
| Section 129(1)(a)(i) and (ii) and (2) | 1st April 2011 | S.S.I. 2011/180 |
| Section 130 | 1st April 2011 | S.S.I. 2011/180 |
| Section 131 | 1st April 2011 | S.S.I. 2011/180 |
| Section 132 | 30th June 2011 | S.S.I. 2011/180 |
| Section 133, in part | 1st April 2011 | S.S.I. 2011/180 |
| Section 133, insofar as not already in force | 1st June 2011 | S.S.I. 2011/180 |
| Section 134 | 1st May 2011 | S.S.I. 2011/180 |
| Section 135 | 1st May 2011 | S.S.I. 2011/180 |
| Section 136 | 1st May 2011 | S.S.I. 2011/180 |
| Section 137 | 1st May 2011 | S.S.I. 2011/180 |
| Section 138 | 1st May 2011 | S.S.I. 2011/180 |
| Section 139 | 1st May 2011 | S.S.I. 2011/180 |
| Section 140 | 1st May 2011 | S.S.I. 2011/180 |
| Section 141 | 1st April 2011 | S.S.I. 2011/180 |
| Section 142 | 1st April 2011 | S.S.I. 2011/180 |
| Section 143 | 1st April 2011 | S.S.I. 2011/180 |
| Section 144 | 1st April 2011 | S.S.I. 2011/180 |
| Section 145 | 1st April 2011 | S.S.I. 2011/180 |
| Schedule 1, in part | 1st April 2011 | S.S.I. 2011/180 |
| Schedule 2, in part | 1st April 2011 | S.S.I. 2011/180 |
| Schedule 3, in part | 1st April 2011 | S.S.I. 2011/180 |
| Schedule 4, in part | 1st April 2011 | S.S.I. 2011/180 |
| Schedule 5, in part | 1st April 2011 | S.S.I. 2011/180 |
| Schedule 6, in part | 1st April 2011 | S.S.I. 2011/180 |
| Schedule 8, in part | 1st April 2011 | S.S.I. 2011/180 |