318.Section 19(1) of the 2010 Act allows for the imposition of a financial penalty. Paragraph 17 amends that section to enable the withdrawal of the imposition of a financial penalty. It also enables the Scottish Ministers to, by regulations (and only with the agreement of the Lord President), specify the maximum amount of financial penalty that may be imposed. Before making regulations, the Scottish Ministers must consult each approved regulator and any other person or body they consider appropriate.
319.Paragraph 17 also amends section 121 of the 2010 Act (professional rules) to ensure that the Faculty consults the Commission before making any rules which relate to complaints against advocates. It also makes other minor amendments to the 2010 Act in consequence of other provisions of the Act.
Schedule 3 — Minor and Consequential Modifications of Enactments Legal Services (Scotland) Act 2010