Legal services regulation reform - consultation analysis: Scottish Government response
The Scottish Government response to the findings of the legal services regulation reform in Scotland consultation analysis report.
Footnotes
1 Legal services regulation reform: consultation - gov.scot (www.gov.scot)
2 Legal services regulation reform: consultation analysis - gov.scot (www.gov.scot)
3 The Solicitors (Scotland) Act 1980 The case for change
4 Fit for the Future Report of the Independent Review of Legal Services Regulation in Scotland
5 Scottish Government response to the independent review by Esther A Roberton
6 Legal services regulation reform: consultation analysis - gov.scot (www.gov.scot)
7 32 attendees took part in the focus groups in total.
8 Alongside the Roberton review, a report on legal services in Scotland was produced by Europe Economics that considers these issues in more detail.
9 Mayson, Legal services regulation and the public interest
10 National Performance Framework | National Performance Framework
11 The Vision for Justice in Scotland - gov.scot (www.gov.scot)
12 Complaints against lawyers and legal firms in Scotland: consultation - gov.scot (www.gov.scot)
13 Better Regulation Principles: proportionate, consistent, accountable, transparent, targeted.
Consumer Principles: access, choice, information, education, safety and quality, protection of economic interests, fairness and equity, redress, sustainability, privacy and representation.
Human Rights (PANEL) Principles: Participation, Accountability, Non-discrimination and Equality, Empowerment and Legality.
14 Section 36 of the 2010 Act sets out that an approved regulator of licenced legal service providers (alternative business structures) must review their own performance, and send a report on the review to the Scottish Ministers annually. The report should consider the approved regulator's exercise and compliance with its regulatory objectives, the operation of its internal governance arrangements, and its compliance with any performance targets or actions that may have been directed by the Scottish Ministers. In addition, the report must contain a copy of its annual accounts in relation those functions
15 Currently section 38 of the Legal Services (Scotland) Act 2010 sets out a range of measures which the Scottish Ministers may take in relation to an approved regulator of licenced legal service providers (alternative business structures) if they consider it to be appropriate in the circumstances of the case, should their performance fall below the standard that would normally be expected. The Lord President's agreement is required for the taking of any of the measures available, except in imposing a financial penalty.
16 Legal Services (Scotland) Act 2010 (legislation.gov.uk)
17 Legal Services (Scotland) Act 2010 (legislation.gov.uk)
18 Research report - Legal services in Scotland (publishing.service.gov.uk)
19 Law firm ownership “completely irrelevant” to risk, says SRA director - Legal Futures
20 Savanta ComRes interviewed 1,000 Scottish adults online between 26 October and 10 November 2021. Data were weighted to be representative of key demographics including age, gender and region. See: https://comresglobal.com/polls/law-society-of-scotland-solicitors-polling/
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