LegalizeThe Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012
Made: 27th June 2012
Coming into force: 2nd July 2012
In accordance with section 146(3)(a)(vii) of that Act[^f00002], a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement
1
These Regulations may be cited as the Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 and come into force on 2nd July 2012, or, if later, on the day after the day on which they are made.
Regulated Professions
2
In connection with section 49(2)(b) and (3) (majority ownership) of the Legal Services (Scotland) Act 2010—
- (a) only a profession specified in the column headed “profession” of the table set out in the Schedule is to be regarded as a regulated profession;
- (b) subject to paragraph (c), only a person who is entitled to practise any such profession under the regulation of the professional association specified in the corresponding entry in the column headed “professional association” of that table is to be regarded as a member of that profession;
- (c) where, in respect of any such profession, any requirements are specified in the corresponding entry in the column headed “other requirements” of that table, a person is only to be regarded as a member of that profession where he or she—
- (i) is regulated by the professional association specified in the corresponding entry in the column headed “professional association” of that table; and
- (ii) satisfies those requirements.
SCHEDULE — Regulated Professions
| Profession | Professional Association | Other requirements |
|---|---|---|
| Actuary | The Institute and Faculty of Actuaries | The person is a fellow or an associate of the Institute and Faculty of Actuaries |
| Architect | The Architects Registration Board | |
| Barrister | The General Council of the Bar | The person possesses a valid practising certificate issued by the General Council of the Bar |
| Chartered Accountant | The Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Ireland or the Institute of Chartered Accountants of Scotland | The person is entitled to use the designation “chartered accountant” |
| Chartered Certified Accountant | The Association of Chartered Certified Accountants | |
| Chartered Management Accountant | The Chartered Institute of Management Accountants | |
| Chartered Public Finance Accountant | The Chartered Institute of Public Finance and Accountancy | |
| Chartered Surveyor | The Royal Institution of Chartered Surveyors | |
| Commercial Attorney | The Association of Commercial Attorneys | The person possesses a right to conduct litigation or a right of audience under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[^f00003] |
| Licensed Conveyancer | The Council for Licensed Conveyancers | |
| Patent Attorney | The Chartered Institute of Patent Attorneys | |
| Registered Trade Mark Attorney or Registered Trade Mark Agent | The Institute of Trade Mark Attorneys |
Signed
R CUNNINGHAM — Authorised to sign by the Scottish Ministers — 27th June 2012
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations specify, in connection with section 49(2) and (3) of the Legal Services (Scotland) Act 2010 (“the Act”), the professions which are to be regarded as regulated professions and the persons who are to be regarded as members of those professions.
By virtue of section 49(2) of the Act, a member of a regulated profession counts as a qualifying investor in a licensed legal services provider and his or her stake in the total ownership or control of the entity counts towards the majority ownership requirement set out in section 49(1).
Footnotes
[^f00001]: 2010 asp 16.
[^f00002]: Section 146(3)(a)(vii) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
[^f00003]: 1990 c.40. See sections 25 to 29.
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