Part 5General

146Regulations

1

Any power of the Scottish Ministers to make regulations under the preceding Parts of this Act is exercisable by statutory instrument.

2

The regulations may—

a

make different provision for different purposes,

b

include such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient for the purposes of or in connection with the regulations.

3

But—

a

a statutory instrument containing regulations under—

i

section 6(6),

ii

section 12(2)(c) or (5),

iii

section 38(7),

iv

section 44(1),

v

section 45(1),

vi

section 48(6)(a)(i),

vii

section 49(4),

viii

section 67(3),

ix

section 70(10),

x

section 93(2)(f),

xi

section 100(5)(b),

xii

section 104(2)(f),

xiii

section 111(5)(b), or

xiv

section 112(1),

is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament,

b

a statutory instrument containing any other regulations under the preceding Parts of this Act is subject to annulment in pursuance of a resolution of the Parliament.

147Further modification

1

The Scottish Ministers may by regulations made by statutory instrument—

a

amend the percentage specified in subsection (1) of section 49, or

b

repeal section 49 (and consequentially the references in this Act to that section).

2

But regulations may be made under subsection (1) only if the Scottish Ministers believe that the effect of the amendment or (as the case may be) repeal would be—

a

compatible with the regulatory objectives, and

b

appropriate in any other relevant respect.

3

Before making regulations under subsection (1), the Scottish Ministers must consult—

a

the Lord President,

b

the Law Society,

c

every approved regulator,

d

the F1CMA, and such other organisation (appearing to them to represent the interests of consumers in Scotland) as they consider appropriate,

e

such other person or body as they consider appropriate.

4

A statutory instrument containing regulations under subsection (1) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

148Ancillary provision

1

The Scottish Ministers may by regulations made by statutory instrument make such—

a

supplemental provision, or

b

incidental, consequential, transitional, transitory or saving provision,

as they consider necessary or expedient for the purposes of or in connection with this Act.

2

But—

a

a statutory instrument containing regulations under subsection (1) which adds to, replaces or omits any part of the text of an Act (including this Act) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament,

b

a statutory instrument containing any other regulations under that subsection is subject to annulment in pursuance of a resolution of the Parliament.

149Definitions

1

In this Act (unless the context otherwise requires)—

  • “the 1980 Act” means the Solicitors (Scotland) Act 1980,

  • “the 1986 Act” means the Legal Aid (Scotland) Act 1986,

  • “the 1990 Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,

  • “the 2007 Act” means the Legal Profession and Legal Aid (Scotland) Act 2007,

  • F2 “ CMA ” means Competition and Markets Authority,

  • “Faculty” means Faculty of Advocates,

  • “Law Society” means Law Society of Scotland,

  • “Lord President” means Lord President of the Court of Session,

  • F3...

2

In this Act (unless the context otherwise requires)—

a

the following expressions are to be construed in accordance with section 65(1) (interpretation) of the 1980 Act—

  • “advocate”,

  • “incorporated practice”,

  • “practising certificate”,

  • “registered European lawyer”,

  • “registered foreign lawyer”,

  • “solicitor”,

b

the following expressions are to be construed in accordance with section 23 (interpretation) of the 1990 Act—

  • “conveyancing practitioner”,

  • “executry practitioner”,

c

a reference to a litigation practitioner is to a person having a right to conduct litigation, or a right of audience, by virtue of section 27 of the 1990 Act.

3

In this Act (unless the context otherwise requires), a reference to a professional association or body includes—

a

the Law Society,

b

any other organisation which serves a profession (for example, the Institute of Chartered Accountants of Scotland).

4

Schedule 9 is an index of expressions introduced for—

a

the whole Act,

b

Parts 2 and 3.

150Commencement and short title

1

This section and sections 146 to 149 come into force on the day after Royal Assent.

2

The other provisions of this Act come into force on the day that the Scottish Ministers by order made by statutory instrument appoint.

3

An order under subsection (2) may appoint different days for different provisions.

4

An order under subsection (2) may—

a

make different provision for different purposes,

b

include such transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient in connection with the commencement of this Act.

5

The short title of this Act is the Legal Services (Scotland) Act 2010.