Legal Services (Scotland) Act 2010 Explanatory Notes

Commentary on Sections

Part 2 – Regulation of Licensed Legal Services

Chapter 1 – Approved Regulators
Relationship with other bodies
Section 33 – Reporting to Law Society

67.Section 33 requires an approved regulator (but not the Society, should it be one) whose licensed providers make contributions to the Guarantee Fund under the approved regulator’s compensation rules to report to the Society:

  • any breach by a licensed provider of the practice rules on accounting and auditing; or

  • any suspicion of financial impropriety which, in the opinion of the approved regulator, may result in the risk of a claim being made on the Guarantee Fund.

68.The approved regulator must make available to the Society any report of an inspection which it has carried out in relation to those practice rules or any other financial procedures regulated by the approved regulator. The approved regulator must also inform the Society of any further action it intends to take (or has taken) in relation to such breaches, suspicions or inspections.

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