224.This section inserts new section 32A into the 1980 Act. Section 32 of the 1980 Act provides that it is an offence for a person other than a solicitor or certain other legal professionals or public officials to prepare certain documents. The new section enables the Scottish Ministers to amend section 32 to make provision for or in connection with it being an offence for an unqualified person to draw or prepare certain documents or provide certain other legal services. The section title of section 32 is adjusted to reflect this broader scope.
225.Regulations may only be made at the request of the Lord President, the regulatory committee of a category 1 regulator, a category 1 regulator that has no functions other than regulatory ones, an approved regulator or the independent advisory panel established by the Commission. Before making a request, the requestor must consult each category 1 regulator (that has only regulatory functions) or its regulatory committee if it has one, each approved regulator, the panel mentioned in subsection (3)(e), and any other persons or bodies that the requester considers appropriate. Following consultation, the requesting body must (unless the requester is the Lord President) send the Lord President a document setting out an explanation of the change sought by the proposed exercise of the power, the reasons for seeking the change, and copies of any written representations received in response to the consultation. Subject to the Lord President’s approval, the requesting body must publish the documents relating to the consultation and request the Scottish Ministers make the required regulations (which are subject to the affirmative procedure).
Background Power of the Scottish Ministers to adjust restricted legal services Section 94 – Power of the Scottish Ministers to adjust restricted legal services