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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 25 June 2025
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Displaying 908 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you for your responses so far. Section 8 talks about regulatory categories and sets out that a regulator of legal services providers is subject to different requirements according to whether it has been assigned as a category 1 or category 2 regulator. It says that the Law Society of Scotland is assigned as a category 1 regulator and that the Faculty of Advocates and the Association of Commercial Attorneys are assigned as category 2 regulators.

As you have already noted, section 8(5) gives a power to Scottish ministers that would enable them to reassign legal regulators between category 1 and category 2, which would change the requirements that such legal services regulators are subject to. The Scottish Government has stated that that regulation-making power is required so that ministers can respond to any fundamental changes that regulators undergo. Can you imagine what those fundamental changes would be?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Morag, would you like to add anything?

10:30  

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Those are very clear standpoints. Thank you very much indeed.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

On that basis, do you agree that such regulations should have to meet additional requirements and that, therefore, they would have to be laid in draft before the Scottish Parliament before they could be made?

11:30  

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

I just want to put some emphasis on things. In light of the Scottish Government’s commitment to work with stakeholders to lodge amendments on the delegated powers, which we are not so excited about, do you have any views specifically on what could or should change? Is there anything in the bill that you feel strongly that you would like to keep?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you very much indeed. I think that we know the answer to this question, but I will ask it anyway. Are there any amendments that could—and, indeed, should—be made to the power as suggested in order to limit its scope? Do you have any views on the requirements attached to the proposed power—for example, the requirement on ministers to consult affected bodies and key stakeholders as set out in the bill—before it can be used?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you. Morag Ross, what is your view?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you very much for your presentation. You are obviously aware of—and you have actually made remarks about—comments that have been made by key legal stakeholders in response to your report and the bill as introduced by the Government. The Government has indicated in response to some of the concerns expressed that it plans to lodge amendments at stage 2. Do you have a response to what it has proposed, and do you have any views specifically in relation to criticisms from legal stakeholders about the delegation of powers in the bill?

09:45  

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Asking this might be too much, because you have not seen what the proposals are as yet, but can you see any way towards a meeting of minds?