Background Part 3 - Complaints Section 64 – Unregulated providers of legal services: register, annual contributions and complaints contributions
170.This section inserts new sections 28A, 28B and 28C into the 2007 Act (which relate to a voluntary register, annual contributions and complaints contributions concerning unregulated providers of legal services).
171.New section 28A requires the Commission to establish and maintain a register of unregulated providers of legal services. The register will be voluntary for unregulated legal services providers unless they are specified (or fall within a type or description of person that is specified) in regulations that may be made by the Scottish Ministers under new section 28A(3). A provider who is entered in the register must pay a contribution (which is referred to as “the annual contribution”). A provider that is not required to apply for entry in the register may opt to be included in the register as a mark of quality assurance of the legal services provided by them. The Commission is required to use its resources to fund the register and to investigate, determine and review services complaints against unregulated providers of legal services.
172.New section 28B imposes requirements on the Scottish Ministers in connection with exercising the regulation-making power under new section 28A(3) to require certain unregulated legal services providers (or certain types or description of unregulated legal services provider) to apply for entry in the register to be kept by the Commission under new section 28A(1).
173.New section 28C requires an unregulated provider of legal services to, in circumstances specified in rules made by the Commission (such as when a complaint is upheld against the person), pay a contribution in relation to any services complaint made against it (which is referred to as “the complaints contribution”). In the same manner as section 28 (complaints levy) it will be for the Commission to determine the circumstances when the complaints contribution becomes payable.