Regulation of Legal Services (Scotland) Bill: equality impact assessment
Record of the equality impact assessment (EQIA) carried out in relation to the Regulation of Legal Services (Scotland) Bill.
Footnotes
2. reimagine regulation (scottishlegalcomplaints.org.uk)
3. Legal services regulation: independent report - gov.scot (www.gov.scot)
4. There is crossover between the Better Regulation, Consumer, and Human Rights principles. For example.
5. Measures would range from censure (public criticism) to continued scrutiny to financial penalty. In adhering to precedent set by the Legal Services (Scotland) Act 2010, the Lord President's approval would be required for sanctions other than a financial penalty.
6. A regulatory sandbox is a regulatory approach that allows live, time-bound testing of innovations under a regulator's oversight. Novel financial products, technologies, and business models can be tested under a set of rules, supervision requirements, and appropriate safeguards.
7. Alongside the Roberton report, a report on legal services in Scotland was produced by Europe Economics that considers these issues in more detail.
8. Section 1 of the Legal Services (Scotland) Act 2010.
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. Review of the Regulation of Legal Services (nrscotland.gov.uk)
13. Introduction (slab.org.uk)
14. 2021-Survey-of-private-practice-legal-aid-clients.pdf (slab.org.uk)
15. Scottish Crime and Justice Survey 2019/20: Main Findings (www.gov.scot)
16. Civil justice statistics in Scotland 2020-21 - gov.scot (www.gov.scot)
17. Scotland's housing market in 2021 – insideRoS | The Registers of Scotland blog
18. There is crossover between the Better Regulation, Consumer, and Human Rights principles.
19. Licensed legal services providers are business entities, created by the 2010 Act, which may be set up for the purpose of providing legal services but may be majority owned by individuals who are not solicitors, though they must be members of a regulated profession as defined by that Act.
20. A regulatory sandbox is a regulatory approach that allows live, time-bound testing of innovations under a regulator's oversight. Novel financial products, technologies, and business models can be tested under a set of rules, supervision requirements, and appropriate safeguards.
21. The Law Society's compensation fund is called the Client Protection Fund (though it is called the Guarantee Fund in establishing legislation) and its professional indemnity rules are referred to as the Master Policy.
22. How to handle complaints | SPSO
24. Refer to Definitions of Protected Characteristics document for information on the characteristics
25. Scotland's Census 2011 - National Records of Scotland
26. Scottish Crime and Justice Survey 2018/19: main findings - gov.scot (www.gov.scot)
27. diversity-data-pc-renewal-2020-21.pdf (lawscot.org.uk)
28. Source: Law Society of Scotland
29. Scotland's People Annual Report: Key findings - 2019 (www.gov.scot)
30. Health | Scotland's Census (scotlandscensus.gov.uk)
31. Scottish Crime and Justice Survey 2018/19: main findings - gov.scot (www.gov.scot)
32. lss-pop-report-final-december-2018.pdf (lawscot.org.uk)
33. diversity-data-pc-renewal-2020-21.pdf (lawscot.org.uk)
34. Scotland's People Annual Report: Key findings - 2019 (www.gov.scot)
35. Scottish Crime and Justice Survey 2018/19: main findings - gov.scot (www.gov.scot)
36. diversity-data-pc-renewal-2020-21.pdf (lawscot.org.uk)
37. Source: The Faculty of Advocates membership statistics, as at December 2022.
39. lss-pop-report-final-december-2018.pdf (lawscot.org.uk)
40. Health Care Needs Assessment of Gender Identity Services (scotphn.net)
41. National LGBT Survey: Research report - GOV.UK (www.gov.uk)
42. Sexual orientation, UK - Office for National Statistics (ons.gov.uk)
43. lss-pop-report-final-december-2018.pdf (lawscot.org.uk)
44. diversity-data-pc-renewal-2020-21.pdf (lawscot.org.uk)
45. Ethnicity | Scotland's Census (scotlandscensus.gov.uk)
46. diversity-data-pc-renewal-2020-21.pdf (lawscot.org.uk)
47. diversity-data-pc-renewal-2020-21.pdf (lawscot.org.uk)
48. In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.
49. See EQIA – Setting the Scene for further information on the legislation.
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