Legal Services (Scotland) Act 2010

a copy of the applicant's proposed regulatory scheme (see section 7(1)(c)),

a copy of its proposed statement of policy under section 78(1),

must provide the Scottish Ministers with such other information as they may reasonably require for their (or the Lord President's) consideration of its application,

may withdraw its application at any time by giving them written notice to that effect.

with the agreement of the Lord President, and

after consulting such other person or body as they consider appropriate,

an applicant to become an approved regulator,

approved regulators.

the applicant's proposed regulatory scheme is adequate (as determined with particular reference to section 12),

the applicant's internal governance arrangements are, or will be, suitable (as determined with particular reference to section 27).

the process for seeking their approval,

in relation to capability to act as an approved regulator, the criteria for their approval (including things that applicants must be able to demonstrate).

the Lord President,

the OFT, and such other organisation (appearing to them to represent the interests of consumers in Scotland) as they consider appropriate,

such other person or body as they consider appropriate.

must send a copy of the application to the consultees,

may send a copy of any revised application to any (or all) of them.

refuse to approve it as an approved regulator, or

impose conditions or restrictions under section 7(2) or (3).

make representations to the Scottish Ministers,

take such steps as it may consider expedient.

the variation of any such conditions or restrictions under section 7(4).

as mentioned in subsection (1) of section 7,

as regards any criteria provided for under subsection (5)(b) of that section.

licensed provider,

legal services.

subject to conditions.

made at any reasonable time (including at the same time as applying for approval under section 7),

withdrawn by the approved regulator (or applicant) at any time by giving the Scottish Ministers written notice to that effect.

withhold their authorisation, or

impose conditions under section 10(4)(b).

make representations to the Scottish Ministers,

take such steps as it may consider expedient.

make a regulatory scheme for licensing and regulating the provision of legal services by its licensed legal services providers, and

apply the scheme in relation to them.

include provision for reconciling different sets of regulatory rules (see section 13),

cover such other regulatory matters as the Scottish Ministers may by regulations specify (and in such manner as the regulations may specify).

make different provision for different cases or types of case.

any material amendment is invalid unless it has the prior approval of the Scottish Ministers,

confer authority for the regulatory schemes of approved regulators to deal with the provision by their licensed providers of such other services (in addition to legal services) as the regulations may prescribe, and

specify the extent to which (and the manner in which) the regulatory schemes may do so.

preventing or resolving regulatory conflicts, and

avoiding unnecessary duplication of regulatory rules.

the regulatory scheme of an approved regulator, and

any professional or regulatory rules made by any other body which regulates the provision of legal or other services.

the terms of licences and attaching to licences of conditions or restrictions,

licensing provision affecting non-solicitor investors in licensed providers,

licensing fees that are chargeable by the approved regulator.

consultation with the OFT, where appropriate in accordance with subsection (2), in relation to a licence application,

how the approved regulator is to deal with a licence application where it believes that granting it would cause (directly or indirectly) a material and adverse effect on the provision of legal services.

preventing competition within the legal services market, or

significantly restricting or distorting such competition.

state that a licence application may be refused on the ground that the applicant appears to be incapable (for any reason) of complying with the regulatory scheme,

provide for grounds for non-renewal, revocation or suspension of a licence where the licensed provider is breaching (or has breached) the regulatory scheme.

to the sheriff,

within the period of 3 months beginning with the date on which that decision is intimated to it.

attach conditions or restrictions to its licence, or

revoke or suspend its licence.

the operational positions within licensed providers,

accounting and auditing (see section 22),

professional indemnity (see section 23),

to the sheriff,

within the period of 3 months beginning with the date on which the penalty is intimated to it.

fail to comply with section 50, or

review and report on its performance (see section 21), and

have its performance and that report assessed by the approved regulator.

carrying out an annual review, and

sending a report (in a specified form) on the review to the approved regulator.

the licensed provider's compliance with section 50(1), and

the involvement of any non-solicitor investors in the licensed provider.

held by the approved regulator for such purpose as corresponds to the purpose for which the Guarantee Fund is held under section 43(2)(c) of the 1980 Act in relation to licensed providers,

administered by it in such way as corresponds to the administration of the Guarantee Fund in accordance with section 43(3) to (7) of, and Part I of Schedule 3 to, the 1980 Act (so far as applicable in relation to licensed providers).

option A in section 24, or

option B in that section.

describe the way in which that fund is to be administered by the approved regulator,

specify the criteria for qualifying for payment out of that fund,

require the making of contributions to that fund by a licensed provider in accordance with the relevant scale of annual contributions fixed by virtue of section 24(3)(b),

make provision for the destination (or distribution) of that fund in the event that the approved regulator ceases to operate.

for the content of compensation rules,

in connection with a compensation fund, for functions of approved regulators and licensed providers.

continue to allocate sufficient resources (financial and otherwise) to the exercise of its regulatory functions,

review regularly how effectively it is exercising its regulatory functions (in particular, by reviewing the effectiveness of its regulatory scheme).

the approved regulator's code of conduct (if any) for its members to be compatible with the regulatory objectives and the professional principles,

the approved regulator to secure that a reasonable proportion of the individuals who are responsible for the exercise of its regulatory functions are not qualified legal practitioners.

other approved regulators,

the Scottish Ministers,

the Scottish Legal Aid Board,

the Scottish Legal Complaints Commission, or

the OFT, or any other public body which has functions concerning the application of competition law.

is involved in the exercise of its regulatory functions, and

considers that the independence or effectiveness of the approved regulator's exercise of its regulatory functions is being (or has been) for any reason adversely affected by the furtherance of its representative functions,

enactment or rule of law, or

rule of professional conduct or ethics.

have the Lord President's agreement, and

consult any approved regulator that would be affected by the regulations.

in relation to its regulatory scheme,

under section 31.

the licensed provider's compliance with section 50(1), and

such other matters as the approved regulator considers appropriate.

interview any person within the licensed provider.

prepare a report on the assessment, and

send a copy of the report to the licensed provider (and, if the assessment was required under subsection (2), also send one to the Scottish Ministers and the Commission).

send a draft of the report to the licensed provider, and

breach of the regulatory scheme by the licensed provider that the approved regulator discovers as regards the procedures arising under practice rules made by reference to section 22,

suspicion held by the approved regulator that there is engagement in such financial impropriety as may (in the approved regulator's opinion) give rise to the risk of a claim being made on the Guarantee Fund.

the procedures arising under practice rules made by reference to section 22,

any other financial procedure as regards which the approved regulator has functions under this Part.

section 33 applies, and

the Law Society suspects that the approved regulator is failing to enforce under this Part any financial procedure to which that section relates,

it has made representations to the approved regulator in respect of its suspicion, and

in light of any response to them (or where none is received timeously), its suspicion is not relieved.

request that the Scottish Ministers take such action under this Part as they consider appropriate,

seek their consent to the Society's taking of the step mentioned in subsection (5).

sought only if the Society suspects that the suspected failure may be facilitating to any extent engagement in such financial impropriety as may (in the Society's opinion) give rise to the risk of a claim being made on the Guarantee Fund,

is relevant in relation to any financial procedure to which section 33 relates.

consulted the approved regulator about the taking of it, and

given the licensed provider at least 48 hours notice of the taking of it.

in the report to the Scottish Ministers, may request that they take such action (or further action) under this Part as they consider appropriate.

the approved regulator's compliance with section 77,

the exercise of its regulatory functions,

the operation of its internal governance arrangements,

its compliance with any measures applying to it by virtue of section 38(4)(a) or (b).

the review of approved regulators' performance,

reports on reviews of their performance.

its compliance with section 77,

the exercise of its regulatory functions,

the operation of its internal governance arrangements,

its compliance with any measures applying to it by virtue of section 38(4)(a) or (b).

provide such information about its performance in relation to its regulatory scheme as the Scottish Ministers may reasonably request,

do so within 21 days beginning with the date of the request (or such longer period as the Scottish Ministers may allow).

setting performance targets,

directing that action be taken,

publishing a statement of censure,

imposing a financial penalty,

amending an authorisation given under section 10,

rescinding an authorisation given under that section.

specify other measures that may be taken by them,

make further provision about the measures that they may take (including for the procedures to be followed),

have the Lord President's agreement, and

consult every approved regulator.

an approved regulator amends its regulatory scheme so as to exclude the regulation of particular categories of licensed providers or legal services, or

an approved regulator has amended its regulatory scheme so as to exclude the regulation of particular categories of licensed provider or legal services,

the approved regulator is otherwise unable to continue to regulate some or all of its licensed providers.

notify each of its licensed providers of the relevant situation within subsection (1),

do so by reference to any effective date.

within 28 days beginning with the date of the notification, or failing which as soon as practicable, take all reasonable steps so as to transfer to the regulation of a new regulator, and

where it does so transfer, take (as soon as practicable) such steps as are necessary to ensure that it complies with the new regulator's regulatory scheme before the end of the changeover period.

provide for a licensed provider which has not transferred to the regulation of a new regulator to be regulated by such new regulator as may be appointed by the Scottish Ministers with the new regulator's consent,

provide for the Scottish Ministers to recover on behalf of the new regulator, or a licensed provider, any fee (or a part of it) paid by the licensed provider to the former approved regulator in connection with the licensed provider's current licence.

provide such further information as may reasonably be required by either of them.

explains why the licensed provider wishes to transfer to the regulation of a new regulator,

is accompanied by a copy of the new regulator's written consent to the transfer.

without the Lord President's agreement, and

unless the Scottish Ministers believe that their intervention under this section is necessary, as a last resort, in order to ensure that the provision of legal services by licensed providers is regulated effectively.

have the Lord President's agreement, and

every approved regulator,

such other person or body as they consider appropriate.

does so under a licence issued by an approved regulator in accordance with the approved regulator's licensing rules.

applies for the purposes of licensing an entity as a licensed legal services provider under this Part,

does so in conjunction with section 49.

the entity has within it at least one solicitor as mentioned in section 47(2) but not every person who has ownership or control of the entity, or another material interest in it, is a solicitor (or a firm of solicitors) or an incorporated practice.

need not be a body corporate or a partnership,

is a firm of solicitors or an incorporated practice, or

is a law centre as defined in section 65(1) of the 1980 Act.

an advocate,

a conveyancing or executry practitioner,

a litigation practitioner, or

a confirmation agent or will writer within the meaning of Part 3.

a solicitor investor, or

an investor who is a member of another regulated profession.

are by regulations to specify in connection with those subsections what is, or is not, to be regarded as a regulated profession,

may by regulations specify in connection with those subsections what is, or is not, to be regarded as a professional association, professional activities (or qualifications) or membership of a profession.

have the Lord President's agreement, and

have regard to the regulatory objectives,

adhere to the professional principles,

within the licensed provider, and

subject to a professional code of conduct,

a Head of Legal Services (see section 51), and

that of its Head of Legal Services, and

struck off (or removed from) the roll of solicitors, or

suspended from practice.

compliance with section 50(1)(a) and (b),

fulfilment of its other duties under this Part so far as relevant in connection with its provision of legal services.

have regard to the Head's function under subsection (4),

adhere to the professional principles,

meet their professional obligations.

a Head of Legal Services, and

a Head of Practice,

modify subsection (2) so as to specify an additional type of legally qualified person (as an alternative to a solicitor as mentioned there).

has such qualifications, expertise and experience as are reasonably required, and

in other respects, is fit and proper for the position.

compliance with section 50(1)(c),

fulfilment of its other duties under this Part.

have regard to the Head's functions under this Part,

meet any professional obligations to which they are subject.

the licensed provider is failing (or has failed) to fulfil any of its duties under this Part or another enactment,

Heads of Practice,

the functions of such Heads (in their capacity as such).

to decide whether to have a Practice Committee (instead of having a Head of Practice),

if it has one, to make such administrative arrangements as it considers appropriate in respect of it.

Practice Committees,

the functions of such Committees.

Head of Legal Services, or

Head of Practice.

from that date give the approved regulator such further relevant information, and by such time, as it may reasonably require.

from that date give the approved regulator such other relevant information, and by such time, as it may reasonably require.

if it ever dissolves the Committee (in favour of having a Head of Practice), notify its approved regulator of that fact within 14 days from the date on which the dissolution occurs,

from the date mentioned in paragraph (a) or (b) (as the case may be) give the approved regulator such further relevant information, and by such time, as it may reasonably require.

as a member of its Practice Committee.

requires to be given by the approved regulator within 14 days of the relevant notification to it under section 54(2), (4) or (5)(a),

is to specify the grounds for the challenge.

has other reasonable grounds for the challenge.

make representations to it,

take such steps as the licensed provider or P may consider expedient.

explain the basis on which P's suitability for the appointment is determinable,

provide that the licensed provider's licence is to be revoked or suspended if the licensed provider does not comply with a direction under subsection (4).

to the sheriff,

within the period of 3 months beginning with the date on which the direction is given.

under this section and section 57, and

by reference to one or more of the conditions specified in section 58,

appointment (or acting) as the Head of Practice,

membership of a Practice Committee.

may disqualify P from being a designated person.

appointment (or acting) as the Head of Legal Services or Head of Practice,

membership of a Practice Committee.

may disqualify P from being a designated person.

appointment (or acting) as the Head of Legal Services or Head of Practice,

membership of a Practice Committee,

being a designated person.

extends so as to apply in relation to every licensed provider (including a licensed provider that is subject to the regulation of a different approved regulator).

particular activities, or

activities carried out without appropriate supervision (for example, that of a senior solicitor).

make representations to it,

take such steps as the licensed provider or P may consider expedient.

set procedure (which the approved regulator is to follow) for imposing a disqualification under section 56,

allow for review (and lifting) by the approved regulator of a disqualification imposed by it under that section.

to the sheriff,

within the period of 3 months beginning with the date on which the disqualification is imposed.

the approved regulator is satisfied accordingly that P is unsuitable for the position.

P is subject to a bankruptcy restrictions order or undertaking under the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986 or corresponding Northern Ireland legislation, and

the approved regulator is satisfied accordingly that P is unsuitable for the position.

the approved regulator is satisfied accordingly that P is unsuitable for the position.

the approved regulator is satisfied accordingly that P is unsuitable for the position.

the approved regulator is satisfied accordingly that P is unsuitable for the position.

designation by the licensed provider means designation on its behalf by its Head of Legal Services or Head of Practice (who has the function accordingly),

a person is eligible for designation only if the person is an employee of the licensed provider (or otherwise works within it under any arrangement),

section 32 of the 1980 Act or any other enactment which requires that a particular sort of legal work be carried out by an individual of a particular description (or in a particular way), or

any rule of professional practice, conduct or discipline (whether for solicitors or otherwise) which properly so requires.

keep a list of the designated persons within the licensed provider, and

give its approved regulator a copy of the list whenever the approved regulator requests it.

before issuing a licence to a licensed legal services provider, or renewing it, satisfy itself as to the fitness of every non-solicitor investor in the licensed provider for having an interest in the licensed provider,

thereafter, monitor as it considers appropriate the investor's fitness in that regard.

explain the basis on which a non-solicitor investor's fitness for having an interest in a licensed provider is determinable,

make representations to it,

take such steps as the investor may consider expedient.

to the sheriff,

within the period of 3 months beginning with the date on which the determination is made.

any circumstances in which the approved regulator proposes to rely on subsection (2),

any threshold below the percentage specified in subsection (4) by reference to which it proposes to rely on subsection (2),

where it proposes to rely on subsection (2), its reasons.

the second condition is that the investor is subject to a bankruptcy restrictions order or undertaking under the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986 or corresponding Northern Ireland legislation,

ownership or control of the body, or

any other material interest in it,

extends so as to apply in relation to every licensed provider (including a licensed provider that is subject to the regulation of a different approved regulator).

make representations to it,

take such steps as the investor may consider expedient.

set procedure (which the approved regulator is to follow) for imposing a disqualification under subsection (1),

allow for review (and lifting) by the approved regulator of a disqualification imposed by it under that subsection.

to the sheriff,

within the period of 3 months beginning with the date on which the disqualification is imposed.

the regulatory objectives or the professional principles,

the licensed provider's duties under section 50(1), or

interfere improperly in the provision of legal or other professional services by the licensed provider,

requirements to which licensed legal services providers are subject,

functions of approved regulators,

relating to interests in licensed providers,

for licensing rules in connection with persons who have an interest in a licensed provider.

amend the percentage specified in section 63(4) and paragraph 4(3) of schedule 8,

amend (by addition, elaboration or exception) a definition in subsection (6).

impose requirements to which a licensed provider, or an investor in a licensed provider, is subject,

specify criteria or circumstances by reference to which a non-solicitor investor is to be presumed, or held, to be fit (or unfit),

the reference to a “solicitor investor” in a licensed provider is to be construed accordingly.

is in serious financial difficulty, or

notify (without delay) its approved regulator accordingly,

provide the approved regulator with such relevant information as the approved regulator may require,

take all reasonable steps to mitigate such disruption to its clients as is likely to result from the difficulty or (as the case may be) its ceasing to provide legal services.

through the application of section 48 or 49 or otherwise, a licensed provider is no longer eligible to remain as such,

for some other reason (except revocation or suspension of its licence under this Part), a licensed provider stops providing legal services.

notify (without delay and no later than 7 days after the event referred to in subsection (1)) its approved regulator accordingly,

provide the approved regulator with such information about the situation as the approved regulator may require.

the situation is temporary, and

there are sufficient arrangements in place to safeguard the interests of the licensed provider's clients until such time as the situation is rectified.

its functions under subsection (2)(a) and (b) fall to its former Head of Practice or (if unavailable) its former Head of Legal Services,

if neither Head is available, its function under subsection (2)(b) falls to a person nominated by its approved regulator.

the approved regulator has not informed it (or has not had an opportunity to do so) that the approved regulator is satisfied that it has made sufficient arrangements for the safeguarding of its clients' interests.

comply with any directions given under subsection (3).

the particular client,

the approved regulator,

a provider of legal services that is properly instructed by the licensed provider, or the approved regulator, to act in place of the licensed provider.

confirming that the licensed provider is required to comply with a direction given under subsection (3),

varying the direction or imposing such conditions as the Court considers appropriate in the circumstances,

that, without the leave of the Court, no payment be made by any bank, building society or other body named in the order out of any account (or any sum otherwise deposited) in the name of the licensed provider.

give the licensed provider and any other person with an interest an opportunity to be heard,

be satisfied that the direction or (as the case may be) freezing of an account represents an appropriate course of action in all the circumstances of the case.

to its former Head of Practice or (if unavailable) its former Head of Legal Services,

if neither Head is available, to a person nominated by its approved regulator.

a person who has been struck off the roll of solicitors or suspended from practice as a solicitor,

a body whose certificate of recognition as an incorporated practice has been revoked.

the person while the person is so debarred (however described in subsection (1)), or

the body while the revocation subsists.

for a specified period,

with conditions attached.

the withholding of any such authority, or

any conditions attached under subsection (4)(b).

the Court may direct the approved regulator on the matter as the Court considers appropriate,

the Court's determination is final.

subsection (2), or

any conditions attached under subsection (4)(b),

a person who has been struck off the roll of solicitors or suspended from practice as a solicitor,

pretends to be a licensed provider, or

takes or uses any name, title, addition or description implying falsely that the person is a licensed provider.

a licensed provider in the course of its acting as such in its provision of legal services for any of its clients,

is contained in an enactment or otherwise,

relates to a solicitor, and

to give such advice as it considers appropriate in relation to the matter concerned,

in considering what advice to give, to have particular regard to whether the matter concerned would have (or be likely to have) the effect of preventing, or significantly restricting or distorting, competition within the legal services market.

the relevant consultation period, or

is compatible with the regulatory objectives, and

it considers most appropriate with a view to meeting those objectives.

targeted only at such cases as require action.

may revise the policy statement,

if it does so, must re-issue the policy statement.

one for which section 57E(1) of the 2007 Act makes provision,

frivolous, vexatious or totally without merit.

if the Commission determines that the complaint falls within subsection (2)(a), the Commission is to proceed by reference to section 57E(1) of the 2007 Act,

if the Commission determines that the complaint does not fall within subsection (2)(a) or (b), the Commission must refer the complaint to the Scottish Ministers.

notify the complainer and the approved regulator accordingly (with reasons), and

decide whether to proceed under section 38.

in respect of each financial year, an annual levy,

if arising, a complaints levy.

is to be determined by the Commission,

the Scottish Ministers delegate to the Commission their function under section 79(4) in relation to a complaint made about the approved regulator, and

the Commission upholds the complaint.

each approved regulator (with particular reference to the proposed amount to be payable by it),

the Scottish Ministers.

must keep and publish a register of approved regulators,

may do so in such manner as they consider appropriate.

its contact details (including its address, website and telephone number),

the date on which it was given the relevant approval under section 7,

the date on which it was given the relevant authorisation under section 10 (and the duration of that authorisation (unlimited or the fixed period)),

the categories of legal services to which that authorisation relates,

details of any measure taken by the Scottish Ministers under section 38.

its name and any place of business,

the relevant details about its licence,

the name of every non-solicitor investor in the licensed provider,

the name of every person intimated to the approved regulator under paragraph 3 of schedule 8,

whether the licensed provider has been the subject of any disciplinary action and (if so) a description of that action.

the date on which the licence was originally granted,

the date on which it was most recently renewed,

whether it is subject to any conditions,

the date on which it will expire.

the date on which the licence was originally granted,

the period for which the licensed provider held a licence,

the reason for the licensed provider ceasing to hold a licence.

make further provision about the information to be contained in the registers of licensed providers, and

prescribe the manner in which those registers are to be kept and published.

the person's name,

each position from which the person is disqualified,

the date of disqualification and its duration (unlimited or the fixed period),

the reasons for the disqualification.

determined as unfit under section 62 (that is, for being a non-solicitor investor in a licensed provider), or

disqualified under section 65(1) (that is, from having an interest in a licensed provider).

the person's name,

the name of any relevant licensed provider,

the date of the determination or (as the case may be) disqualification,

the grounds for the determination or (as the case may be) disqualification.

has been reversed on appeal, or

otherwise, no longer applies.

publish the lists kept by it under this section, and

notify the Scottish Ministers of any material alterations made to either of them.

make further provision about the information to be contained in the lists kept under this section,

prescribe the manner in which those lists are to be kept and published.

advice, report or notice, or

other material.

uphold, vary or quash the decision that is the subject of the appeal,

make such further order (including for the expenses of the parties) as is necessary in the interests of justice.

an offence under this Part is committed by a relevant organisation, and

arising by virtue of the application of another enactment (or a regulatory rule made under another enactment), and

to regulate in any respect the provision of any professional or other services by licensed legal services providers.

a copy of the applicant's proposed regulatory scheme (see section 92(1)(b)),

must provide the Scottish Ministers with such other information as they may reasonably require for their consideration of its application,

may withdraw its application at any time by giving them written notice to that effect.

the applicant is suitable to be an approving body,

the applicant's proposed regulatory scheme is adequate (as determined with particular reference to section 93).

with reference to a specified date from which the approving body may exercise its functions in relation to its regulatory scheme,

subject to conditions.

the OFT, and such other organisation (appearing to them to represent the interests of consumers in Scotland) as they consider appropriate,

such other person or body as they consider appropriate.

must send a copy of the application to the OFT,

refuse to certify it as an approving body, or

certify it as such subject to conditions.

make representations to the Scottish Ministers,

take such steps as it may consider expedient.

the process for seeking their certification,

in relation to capability to act as an approving body, the criteria for their certification (including things that applicants must be able to demonstrate).

apply the scheme in relation to them.

describe the training requirements to be met by a prospective confirmation agent,

incorporate a code of practice to which a confirmation agent is subject,

require that a confirmation agent keep in place sufficient arrangements for professional indemnity,

allow a confirmation agent to make representations to the approving body before it takes any of the measures available to it by virtue of paragraph (d)(ii),

cover such other regulatory matters as the Scottish Ministers may by regulations specify (and in such manner as they may so specify).

set out the standards to be met by confirmation agents,

make such further arrangements as to the professional practice, conduct or discipline of confirmation agents for which provision is (in the approving body's opinion) necessary or expedient,

to the sheriff,

within the period of 3 months beginning with the date on which that decision is intimated to the agent.

the approving body's compliance with section 93(5),

the exercise of its functions in relation to its regulatory scheme,

its compliance with any measures applying to it by virtue of section 100(3).

the review of approved bodies' performance,

reports on reviews of their performance.

provide such information about its performance in relation to its regulatory scheme as the Scottish Ministers may reasonably request,

do so within 21 days beginning with the date of the request (or such longer period as the Scottish Ministers may allow).

if, after consulting such person or body as they consider appropriate, they consider that an approving body's regulatory scheme is not (or is no longer) adequate, direct the approving body to amend the regulatory scheme in such manner as they may specify,

if they are satisfied that an approving body has not complied with a requirement imposed on it by or under this Chapter, direct the approving body to take specified remedial action (or refrain from doing something).

review annually the performance of its confirmation agents,

prepare a report on the review,

send a copy of the report to the Scottish Ministers.

about the review of confirmation agents,

a copy of the applicant's proposed regulatory scheme (see section 103(1)(b)),

must provide the Scottish Ministers with such other information as they may reasonably require for their consideration of its application,

may withdraw its application at any time by giving them written notice to that effect.

the applicant is suitable to be an approving body,

the applicant's proposed regulatory scheme is adequate (as determined with particular reference to section 104).

with reference to a specified date from which the approving body may exercise its functions in relation to its regulatory scheme,

subject to conditions.

the OFT, and such other organisation (appearing to them to represent the interests of consumers in Scotland) as they consider appropriate,

such other person or body as they consider appropriate.

must send a copy of the application to the OFT,

refuse to certify it as an approving body, or

certify it as such subject to conditions.

make representations to the Scottish Ministers,

take such steps as it may consider expedient.

the process for seeking their certification,

in relation to capability to act as an approving body, the criteria for their certification (including things that applicants must be able to demonstrate).

apply the scheme in relation to them.

describe the training requirements to be met by a prospective will writer,

incorporate a code of practice to which a will writer (and anyone acting on behalf of the will writer in relation to will writing services) is subject,

require that a will writer keep in place sufficient arrangements for professional indemnity,

allow a will writer to make representations to the approving body before it takes any of the measures available to it by virtue of paragraph (d)(ii),

cover such other regulatory matters as the Scottish Ministers may by regulations specify (and in such manner as they may so specify).

set out the standards to be met by will writers (and persons acting on their behalf in relation to will writing services),

except in such circumstances as the approving body considers appropriate, prohibit the drawing or preparation of a will or other testamentary writing by a will writer which provides for the writer to be a beneficiary,

require a will writer who provides the service of storing wills or other testamentary writings to keep in place sufficient arrangements for the storage of such documents (including arrangements in the event of the writer ceasing to provide will writing services),

make such further arrangements as to the professional practice, conduct or discipline of will writers for which provision is (in the approving body's opinion) necessary or expedient,

provide that it is a breach of the code of practice for a will writer to fail to comply with the writer's duties under any enactment specified in the code,

provide that a breach of the code of practice by a person acting on behalf of a will writer in relation to will writing services constitutes a breach of the code of practice by the writer,

to the sheriff,

within the period of 3 months beginning with the date on which that decision is intimated to the writer.

the approving body's compliance with section 104(5),

the exercise of its functions in relation to its regulatory scheme,

its compliance with any measures applying to it by virtue of section 111(3).

the review of approved bodies' performance,

reports on reviews of their performance.