Legal Services (Scotland) Act 2010 Explanatory Notes

Commentary on Sections

Part 2 – Regulation of Licensed Legal Services

Chapter 1 – Approved Regulators
Practice rules
Section 18 – Practice rules: generalSection 19 – Financial sanctionsSection 20 – Enforcement of duties

47.Section 18 gives details of what is covered by the practice rules that are to be set out in the approved regulator’s regulatory scheme. Section 19 allows practice rules to make specific provision for the financial penalties which may be imposed on licensed providers by approved regulators in relation to a breach of the regulatory scheme by, or a complaint about, a licensed provider and for appeals against their imposition. Section 20 states that practice rules must specify that failure to comply with section 50 (setting out the key duties of licensed providers), any other duties under this Part, or duties under any other enactment, all constitute a breach of the regulatory scheme. Section 20 also sets out requirements for licensed providers to report on and review their performance, and to have their performance and the report assessed by the approved regulator.

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