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Last updated:
20 December 2024
Regulations of Legal Services Scotland Bill Stage 2 Keeling schedule
Regulation of Legal Services (Scotland) Bill - Keeling schedule [19 DECEMBER 2024] CONTENTS Section P ART 1 R EGULATORY FRAMEWORK C HAPTER 1 O BJECTIVES , PRINCIPLES AND KEY DEFINITIONS Overview of Part 1 Overview of the regulatory framework Regulatory objectives 2 Regulatory objectives 3 Application of the regulatory objectives Professional principles 4 Professional principles Power to amend regulatory objectives and professional principles 5 Power to amend the regulatory objectives and professional principles Meaning of key expressions 6 Meaning of “legal services” and “legal services provider” 7 Meaning of regulatory functions C HAPTER 2 REGULATORS Regulatory categories 8 Regulatory categories Requirements of category 1 regulators 9 Exercise of regulatory functions 10 Regulatory committee: composition and membership 11 Regulatory committee: lay and legal members ii Regulation of Legal Services (Scotland) Bill - Keeling schedule 12 Regulatory committee: convener, sub-committees and minutes 13 Annual reports of category 1 regulators 14 Compensation funds Requirements of category 2 regulators 15 Exercise of regulatory functions 16 Annual reports of category 2 regulators Requirements of both category 1 and category 2 regulators 17 Register of regulated legal services providers 18 Professional indemnity insurance Powers of the Scottish Ministers in relation to regulators 19 Review of regulatory performance by the Scottish Ministers 20 Measures open to the Scottish Ministers Special rule changes 21 Power to direct special rule changes 22 Powers to amend or revoke directions 23 Reports on directions 24 Register of directions C HAPTER 3 N EW REGULATORS OF LEGAL SERVICES Applications 25 Right to provide legal services 26 Regulatory scheme 26A Regulatory scheme - additional matters to be included: further provision 27 Publication of draft regulatory scheme and representations Consideration and grant 28 Consideration of applications 29 Approval of application and giving effect to the regulatory scheme Exercise of the acquired rights 30 Exercise of rights to provide legal services 31 Surrender of rights 32 Offence of pretending to have acquired rights Review of regulatory scheme 32A Review of regulatory scheme on initiative of accredited regulator 33 Review of regulatory schemes 34 Revocation of acquired rights Miscellaneous 35 Replacement regulatory arrangements for authorised providers Regulation of Legal Services (Scotland) Bill - Keeling schedule iii 35A Replacement regulatory arrangements for authorised providers 36 Consequential amendments and repeals 37 Transitional and saving provision for regulators approved under the 1990 Act P ART 2 R EGULATION OF LEGAL BUSINESSES Introductory 38 Overview of Part Requirement to be authorised to provide legal services 39 Requirement for legal businesses to be authorised to provide legal services 40 Offence of pretending to be an authorised legal business Regulation of authorised legal businesses 41 Rules for authorised legal businesses 42 Authorisation rules 43 Appeals in relation to authorisation decisions 44 Practice rules 45 Financial sanctions 46 Reconciling different rules 47 Monitoring of performance of authorised legal businesses Miscellaneous 48 Law Society of Scotland 49 Powers of the Scottish Ministers to intervene 50 Entities changing regulatory regime P ART 3 C OMPLAINTS 51 Change of name to the Scottish Legal Services Commission 52 Receipt of complaints: preliminary steps 53 Ineligible or premature complaints 54 Commission process relating to complaints 55 Regulatory complaints against authorised legal businesses 56 Services complaint: sanctions 57 Commission decision making and delegation 58 Commission review committee 59 Services complaints: reports 60 Disclosure of information by practitioners etc. to the Commission and relevant professional organisations 61 Power of Commission to request practitioner’s details in connection with complaints 62 Services complaints: special provision for complaints against unregulated persons 63 Handling complaints 64 Annual general levy and complaints levy 65 Unregulated providers of legal services: voluntary register, annual contributions and complaints contributions iv Regulation of Legal Services (Scotland) Bill - Keeling schedule 66 Commission rules as to practice and procedure 67 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 Conduct complaints: power to impose unlimited fine and removal of power to award compensation 73 Faculty of Advocates: complaint of professional misconduct and publication of decision 74 Commission membership 75 Role of the independent advisory panel 76 Commission reports 77 Minor and consequential amendments P ART 4 M ISCELLANEOUS Licensed legal services providers 78 Removal of requirement to act for fee, gain or reward 79 Eligibility criteria: law centres 80 Majority ownership Removal of certain practising restrictions 81 Removal of practising restrictions: law centres, citizens advice bodies and charities Offences relating to pretending to be a regulated provider of legal services 82 Offence of taking or using the title of lawyer 83 Offence of pretending to be a regulated legal services provider 84 Offence of pretending to be a member of Faculty of Advocates 85 Time limit for prosecution of offences Power of the Scottish Ministers to adjust restricted legal services 86 Power of the Scottish Ministers to adjust restricted legal services Lord President’s functions under Parts 1 and 2: rule-making power 86A Lord President’s functions under Parts 1 and 2: rule-making making power Minor and consequential modifications 87 Modification of other enactments P ART 5 G ENERAL 88 Individual culpability for offending by an organisation 89 Regulations 90 Ancillary provision 91 Interpretation 92 Commencement Regulation of Legal Services (Scotland) Bill - Keeling schedule v 93 Short title Schedule 1—Law Society of Scotland Part 1—Category 1 regulator Part 2—Regulation of legal businesses Schedule 2—Further provision about measures open to the Scottish Ministers Part 1—Performance targets Part 2—Directions Part 3—Censure Part 4—Financial penalties Part 5—Making changes to regulatory functions Part 6—Procedure for imposing a measure Schedule 3—Minor and consequential modifications of enactments Part 1—Regulatory framework Part 2—Renaming Scottish Legal Services Commission Part 3—Other amendments relating to the Scottish Legal Services Commission Part 4—General 1 Regulation of Legal Services (Scotland) Bill - Keeling schedule Part 1—Regulatory framework Chapter 1—Objectives, principles and key definitions Regulation of Legal Services (Scotland) Bill - Keeling schedule [19 DECEMBER 2024] This document has been prepared as a “Keeling schedule” to set out the changes that would be made to the Bill if the amendments lodged to date by the Scottish Government at Stage 2 were to be agreed.
Last updated:
7 March 2023
BB20190423
S5W-22660 Donald Cameron: To ask the Scottish Government how many farm businesses in (a) the Highlands, (b) Aberdeenshire and (c) each parliamentary region are waiting to receive 2016-17 AECS (Agri-Environment Climate Scheme) payments. R S5W-22661 Miles Briggs: To ask the Scottish Government how much funding it awards to the Primary Biliary Cholangitis Foun...
Official Report
Meeting date:
25 January 2021
Environment, Climate Change and Land Reform Committee 25 January 2021
—Ben Macpherson I invite members to make any comment; if you wish to do so, please type R in the chat box. I do not see anyone wishing to make a comment.
Last updated:
2 June 2025
SPBill71S062025
Crofts not to be private residential tenancies 20 Tenancies which cannot be private residential tenancies 10 (1) The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows. 1 (2) In schedule 1, after paragraph 4, insert— “4A (1) A tenancy cannot be a private residential tenancy if the let property includes a croft. (2) For the purposes of this paragraph, “croft” means— 15 (a) a holding which is a croft within the meaning of section 3 of the Crofters (Scotland) Act 1993, (b) land or a holding in relation to which the Crofting Commission have made a determination under section 3A(1) of that Act or, as the case may be, section 3A(2) of that Act, to constitute the land or holding as 20 a croft, (c) a holding which is a croft within the meaning of section 3ZA of that Act.”. C HAPTER 2 R...
Last updated:
7 March 2023
BB20180606
Motions and amendments can be published with symbols: * before the number indicates publication for the first time * * around a section of text indicates changes to previously published material … R indicates a member has declared a registered interest The Parliamentary Bureau periodically deletes motions or amendments that are over six weeks old and not sc...
Last updated:
7 March 2023
BB20180323
Motions and amendments can be published with symbols: * before the number indicates publication for the first time * * around a section of text indicates changes to previously published material … R indicates a member has declared a registered interest The Parliamentary Bureau periodically deletes motions or amendments that are over six weeks old and not sc...
Last updated:
7 March 2023
BB20180118
Motions and amendments can be published with symbols: * before the number indicates publication for the first time * * around a section of text indicates changes to previously published material … R indicates a member has declared a registered interest The Parliamentary Bureau periodically deletes motions or amendments that are over six weeks old and not sc...
Last updated:
7 March 2023
BB20170922
S5W-11454 Emma Harper: To ask the Scottish Government whether it will provide an update on the uptake of cervical screening by at risk women. R S5W-11455 Elaine Smith: To ask the Scottish Government, what steps it takes to support greater partnership between employers and trade unions, including recognition agreements in the ferry industry.
Last updated:
7 March 2023
BB20190626
Alexander Burnett: To ask the Scottish Government what progress it has made since August 2018 on increasing the number of foundation, modern and graduate apprenticeships that are offered and taken up. (S5O-03449) R 4. Liz Smith: [Not Lodged] (S5O-03450) 5.
Last updated:
7 March 2023
BB20161101
Motions and amendments can be published with symbols: * before the number indicates publication for the first time * * around a section of text indicates changes to previously published material … R indicates a member has declared a registered interest The Parliamentary Bureau periodically deletes motions or amendments that are over six weeks old and not sc...
