Legal Profession PART 1 Citation, commencement and interpretation Citation, commencement and interpretation 1 1 These Regulations may be cited as the Licensed Legal Services (Complaints and Compensation Arrangements) (Scotland) Regulations 2012 and come into force on 2nd July 2012. 2 In these Regulations— “the 2007 Act” means the Legal Profession and Legal Aid (Scotland) Act 2007; and “the 2010 Act” means the Legal Services (Scotland) Act 2010. PART 2 Complaints about licensed legal services providers Modification of the operation of Part 1 of the Legal Profession and Legal Aid (Scotland) Act 2007 2 1 For the purposes of section 57A(1) of the 2007 Act (complaints about licensed providers), Part 1 of the 2007 Act applies as if it had been further modified in accordance with this regulation. 2 In section 2(1)(b) of the 2007 Act (receipt of complaints: preliminary steps) the reference to “professional services” is a reference to— a legal services; and b such other professional services as are customarily provided by a practitioner. 3 Where the Commission considers that any element of a services complaint about a licensed legal services provider— a concerns the professional activities of a person who is a member of a profession but is not a practitioner; and b is capable of being dealt with by a professional association which regulates that profession under the statutory or administrative arrangements applying to that profession, the Commission may refer the element of the services complaint to that professional association. 4 Where the Commission refers an element of a services complaint to a professional association under paragraph (3) and the Commission is satisfied that it is being dealt with by the professional association under the statutory or administrative arrangements applying to that profession, the Commission— a is not required to take the preliminary steps mentioned in section 2(4) of the 2007 Act, or any further action under any other provision of Part 1 of the 2007 Act, in relation to that element; and b must give notice in writing to that effect to— i the complainer and the licensed legal services provider; and ii any other persons that the Commission considers appropriate. 5 In this regulation— “legal services” has the same meaning as it does for the purposes of the 2010 Act . PART 3 Complaints about approved regulators Notification to the Scottish Ministers 3 1 This regulation applies only where the Scottish Ministers have delegated, to the Scottish Legal Complaints Commission, their functions under section 79(4) of the 2010 Act (complaints about regulators) . 2 Where the Commission upholds a complaint under that section, it must— a give notice in writing to the Scottish Ministers specifying— i that it has upheld a complaint; and ii the reasons for doing so; and b provide the Scottish Ministers with any other information regarding the complaint that the Commission considers may be helpful, or the Scottish Ministers may request, to assist them in making and implementing the decision referred to in section 79(6)(b) of the 2010 Act. PART 4 Compensation arrangements regarding the Guarantee Fund Application of regulations 5 to 8 4 Regulations 5 to 8 apply only in respect of a licensed legal services provider— a for which the approved regulator is not the Law Society; and b that is required, by compensation rules made by reference to section 25(3) of the 2010 Act, to make contributions to the Guarantee Fund. Issuing of licences 5 1 Where an approved regulator issues a licence (including a provisional licence) in accordance with its licensing rules made under section 14 of the 2010 Act, it must, within the permitted timescale, provide the following information to the Law Society— a the name of the licensed provider; b the date on which the licence was issued; c the term of the licence; and d details of any conditions or restrictions attaching to the licence. 2 In this regulation— “within the permitted timescale” means as soon as reasonably practicable and not later than a period of 28 days commencing on the day after the day on which the licence was issued. Changes in circumstances regarding licences 6 1 An approved regulator must, within the permitted timescale, notify the Law Society of— a the suspension or revocation of any licence; b the reinstatement of any revoked or suspended licence; c the termination or renewal of any licence; d the variation of the term of, or any conditions or restrictions attaching to, a licence; and e the date on which any of these events occur. 2 In this regulation— “within the permitted timescale” means as soon as reasonably practicable and not later than a period of 28 days commencing on the day after the day on which the event specified in paragraph (1) occurs. Changes in circumstances regarding licensed providers 7 1 An approved regulator must, within the permitted timescale, notify the Law Society of a change in the name of any licensed provider and the date on which this change occurred. 2 In this regulation— “within the permitted timescale” means as soon as reasonably practicable and not later than a period of 28 days commencing on the day after the day on which the approved regulator is notified of the change. 8 1 An approved regulator must, within the permitted timescale, notify the Law Society of any other change in the circumstances regarding the affairs of a licensed provider which it considers to be relevant to the Law Society for the purposes of administering the Guarantee Fund and the date on which this change occurred. 2 In this regulation— “within the permitted timescale” means as soon as reasonably practicable and not later than a period of 28 days commencing on the day after the day on which the approved regulator is made aware of the change in circumstances. R CUNNINGHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th May 2012