Legal Services (Scotland) Act 2010 Explanatory Notes

Legal Services (Scotland) Act 2010

2010 asp 16

Commentary on Sections

Part 3 – Confirmation and Will Writing Services

Chapter 1 – Confirmation Services

Ministerial functions

Section 100 – Ministerial intervention

204. Subsection (1) requires an approving body to provide within 21 days such information about its performance as the Scottish Ministers may reasonably request.

205. Subsection (2)(a) requires an approving body to review its scheme if the Scottish Ministers direct it so to do under the provisions of subsection (3)(a). It must report on the review and inform the Scottish Ministers if it proposes any amendment(s) as a result of the review. Subsection (2)(b) allows an approving body to amend its regulatory scheme, but it requires the Scottish Ministers’ approval before any amendment takes effect. Without approval, the amendment is invalid.

206. Subsection 3(a) allows the Scottish Ministers to direct an approving body to take remedial action if, after consulting that body, they consider that its regulatory scheme is not or is no longer adequate. Subsection (3)(b) provides that the Scottish Ministers may direct an approving body to take specific remedial action if it fails to comply with any requirement imposed on it in Chapter.

207. Subsection (4) requires the approving body to review annually the performance of its confirmation agents and send a report to the Scottish Ministers.

208. Subsection (5) gives the Scottish Ministers powers to make further provision in regulations about the performance review and about the functions of approving bodies and confirmation agents if they deem it necessary for safeguarding the interests of clients of confirmation agents.