Schedule 2 — Further Provision about Measures Open to the Scottish Ministers Part 5 – Procedure for imposing a measure
281.This Part of the schedule provides further detail about the procedure for the Lord President when taking any measure mentioned in paragraph 19(4).
282.Paragraph 17 requires the Lord President to give a notice of intention to the regulator setting out the type of proposed measure, the details of what is proposed and explaining why the Lord President is satisfied that it is appropriate.
283.Paragraph 18 provides that the regulator has 28 days to make representations in respect of the proposed measure and, in the meantime, the Lord President is to publish the note of intention for the proposed measure and consult such other persons or bodies as they consider appropriate. Where the Lord President is proposing to remove all of the regulatory functions of either an accredited regulator or a body that has acquired rights for its members to conduct litigation and acquired rights of audience, the Lord President must give notice of that intention to each authorised provider regulated by the accredited regulator or body in question and is to consult them about whether they would like to authorise another regulator to regulate them or whether they themselves would like to form a body and submit an application under section 23 to seek accreditation to be able to regulate them.
284.The Lord President must have regard to any representation made by the regulator when deciding whether or not to proceed with the proposed measure. If they do proceed, they have to give a decision notice to the regulator, notify the consultees about the decision and publish the notice as they consider most appropriate. Paragraph 19(3) sets out that the notice must set out the reasons for taking the measure, the details of the action being taken and the date from which the measure will take effect (if appropriate).