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The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make ancillary provision to the Legal Services (Scotland) Act 2010 (“the 2010 Act”).

Amendment of the Solicitors (Scotland) Act 1980

Section 67(6) of the 2010 Act provides that an investor in a licensed legal services provider who is entitled to practise as a registered foreign lawyer is to be regarded as a solicitor investor in the licensed provider.

Section 60A of the Solicitors (Scotland) Act 1980 (“the 1980 Act”) sets out the purposes for which a foreign lawyer may apply to the Council of the Law Society of Scotland to register as such.

Regulation 2 amends section 60A of the 1980 Act to allow a foreign lawyer to apply for registration with the Council of the Law Society of Scotland for the purposes of having an interest in a licensed legal services provider as a solicitor investor.

Amendment of the Legal Aid (Scotland) Act 1986

Regulation 3 amends the Legal Aid (Scotland) Act 1986 so that the provisions of that Act will extend to licensed legal services providers.

Amendment of the Legal Profession and Legal Aid (Scotland) Act 2007

Regulation 4 amends section 78(1A) of the Legal Profession and Legal Aid (Scotland) Act 2007 (as inserted by section 145(1) of the 2010 Act) so as to clarify that the power to make further provision is exercisable by order.

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