Regulation of Legal Services (Scotland) Act 2025
2025 asp 8 · Enacted 27 June 2025 · Extends to Scotland
An Act of the Scottish Parliament to make provision in relation to the regulation of legal services.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th May 2025 and received Royal Assent on 27th June 2025
Contents
- Part 1: Regulatory framework
- Chapter 1: Objectives, principles and key definitions
- Overview of Part
- 1Overview of the regulatory framework
- Regulatory objectives
- 2Regulatory objectives
- 3Application of the regulatory objectives
- Professional principles
- 4Professional principles
- Meaning of key expressions
- 5Meaning of “legal services” and “legal services provider”
- 6Meaning of regulatory functions
- Chapter 2: regulators
- Regulatory categories
- 7Regulatory categories
- Requirements of category 1 regulators
- 8Exercise of regulatory functions
- 9Regulatory committee: composition and membership
- 10Regulatory committee: lay and legal members
- 11Regulatory committee: convener, sub-committees and minutes
- 12Annual reports of category 1 regulators
- 13Compensation funds
- Requirements of category 2 regulators
- 14Exercise of regulatory functions
- 15Annual reports of category 2 regulators
- Requirements of both category 1 and category 2 regulators
- 16Register of regulated legal services providers
- 17Professional indemnity insurance
- Powers of the Lord President in relation to regulators
- 18Review of regulatory performance by the Lord President
- 19Measures open to the Lord President
- Special rule changes
- 20Power to direct special rule changes
- 21Powers to amend or revoke directions
- 22Register of directions
- Chapter 3: New regulators of legal services
- Applications
- 23Right to provide legal services
- 24Regulatory scheme
- 25Regulatory scheme - additional matters to be included: further provision
- 26Publication of draft regulatory scheme and representations
- Consideration and grant
- 27Consideration of applications
- 28Approval of application and giving effect to the regulatory scheme
- Exercise of the acquired rights
- 29Exercise of rights to provide legal services
- 30Surrender of rights
- 31Offence of pretending to have acquired rights
- Review of regulatory scheme
- 32Review of regulatory scheme on initiative of accredited regulator
- 33Review of regulatory schemes
- 34Revocation of acquired rights
- Miscellaneous
- 35Replacement regulatory arrangements for authorised providers
- 36Consequential amendments and repeals
- 37Transitional and saving provision for regulators approved under the 1990 Act
- Part 2: Regulation of legal businesses
- Introductory
- 38Overview of Part
- Requirement to be authorised to provide legal services
- 39Requirement for legal businesses to be authorised to provide legal services
- 40Offence of pretending to be an authorised legal business
- Regulation of authorised legal businesses
- 41Rules for authorised legal businesses
- 42Authorisation rules
- 43Appeals in relation to authorisation decisions
- 44Practice rules
- 45Financial sanctions
- 46Reconciling different rules
- 47Monitoring of performance of authorised legal businesses
- Miscellaneous
- 48Law Society of Scotland
- 49Entities changing regulatory regime
- Part 3: Complaints
- 50Receipt of complaints: preliminary steps Not yet in force
- 51Complaints initiated by, or continued by, the Commission Not yet in force
- 52Ineligible or premature complaints Not yet in force
- 53Commission process relating to complaints Not yet in force
- 54Commission’s duty to investigate and determine services complaints Not yet in force
- 55Regulatory complaints against authorised legal businesses Not yet in force
- 56Services complaint: sanctions Not yet in force
- 57Commission decision making and delegation Not yet in force
- 58Commission review committee Not yet in force
- 59Disclosure of information by practitioners etc. to the Commission and relevant professional organisations Not yet in force
- 60Power of Commission to request practitioner’s details in connection with complaints Not yet in force
- 61Services complaints: special provision for complaints against unregulated persons Not yet in force
- 62Handling complaints Not yet in force
- 63Annual general levy and complaints levy Not yet in force
- 64Unregulated providers of legal services: register, annual contributions and complaints contributions Not yet in force
- 65Commission rules as to practice and procedure Not yet in force
- 66Conduct or regulatory complaint raised by relevant professional organisation Not yet in force
- 67Conduct or regulatory complaint appears to relevant professional organisation during investigation to be services complaint Not yet in force
- 68Conduct complaints: consideration by relevant professional organisations Not yet in force
- 69Complaints: monitoring and setting of minimum standards by the Commission Not yet in force
- 70Compensation funds: setting of minimum standards by the Commission Not yet in force
- 71Enforcement of minimum standards Not yet in force
- 72Obtaining information from practitioners Not yet in force
- 73Power to disclose information about complaints: Commission Not yet in force
- 74Restriction on disclosure of information: Commission Not yet in force
- 75Power to disclose information about complaints: relevant professional organisations Not yet in force
- 76Restriction on disclosure of information: relevant professional organisations Not yet in force
- 77Conduct complaints: power to impose unlimited fine and removal of power to award compensation Not yet in force
- 78Faculty of Advocates: complaint of professional misconduct and publication of decision Not yet in force
- 79Commission membership
- 80Role of the independent advisory panel
- 81Commission reports Not yet in force
- 82Minor and consequential amendments Not yet in force
- Part 4: Miscellaneous
- Financial sanctions Not yet in force
- 83Financial sanctions Not yet in force
- Licensed legal services providers Not yet in force
- 84Licensing rules: fees Not yet in force
- 85Removal of requirement to act for fee, gain or reward Not yet in force
- 86Eligibility criteria: law centres Not yet in force
- 87Majority ownership Not yet in force
- 88Non-solicitor investors: factors as to fitness Not yet in force
- Removal of certain practising restrictions
- 89Removal of practising restrictions: law centres, citizens advice bodies and charities
- Offences relating to pretending to be a regulated provider of legal services Not yet in force
- 90Offence of taking or using the title of lawyer Not yet in force
- 91Offence of pretending to be a regulated legal services provider Not yet in force
- 92Offence of pretending to be a member of Faculty of Advocates Not yet in force
- 93Time limit for prosecution of offences Not yet in force
- Power of the Scottish Ministers to adjust restricted legal services Not yet in force
- 94Power of the Scottish Ministers to adjust restricted legal services Not yet in force
- Lord President’s functions under Parts 1 and 2: rule-making power
- 95Lord President’s functions under Parts 1 and 2: rule-making making power
- Minor and consequential modifications Not yet in force
- 96Modification of other enactments Not yet in force
- Review of Act Not yet in force
- 97Review of Act Not yet in force
- Part 5: General
- 98Individual culpability for offending by an organisation Not yet in force
- 99Civil enforcement in relation to offences Not yet in force
- 100Regulations
- 101Ancillary provision
- 102Interpretation
- 103Commencement
- 104Short title
- Schedule 1: Law Society of Scotland
- Part 1: Category 1 regulator Not yet in force
- 1Exercise of regulatory functions Not yet in force
- 2Exercise of regulatory functions Not yet in force
- 3Exercise of regulatory functions Not yet in force
- 4Exercise of regulatory functions Not yet in force
- 5Exercise of regulatory functions Not yet in force
- 6Client Protection Fund Not yet in force
- 7Client Protection Fund Not yet in force
- 8Client Protection Fund Not yet in force
- Part 2: Regulation of legal businesses
- 9Regulatory functions
- 10Suspension of authorisation
- 11Consultants
- 12Offence of disqualified solicitors dishonestly seeking employment
- 13Rules as to professional practice, conduct and discipline
- 14Rules as to accounts etc.
- 15Rules as to accounts etc.
- 16Rules as to accounts etc.
- 17Rules as to accounts etc.
- 18Powers where excessive fees etc. charged
- 19Powers where failure to comply with rules
- 20Judicial factors
- 21Distribution of sums in client bank account
- 22Client Protection Fund
- 23Client Protection Fund
- 24Client Protection Fund
- 25Professional indemnity
- 26Safeguarding interests of clients
- 27Recovery of expenses of intervention
- 28Restrictions on employing a struck off or suspended solicitor
- 29Complaints
- 30Complaints
- 31Complaints
- 32Complaints
- 33Complaints
- 34Protection of banks
- 35Recovery of Council’s expenses
- 36Service of notices
- 37Interpretation
- 38Revenue powers in respect of authorised legal businesses
- Schedule 2: Further provision about measures open to the Lord President
- Part 1: Performance targets
- 1Application
- 2Power to set targets
- 3Decision
- Part 2: Directions
- 4Application
- 5Power to direct
- 6Decision
- 7Extension of time to comply
- 8Enforcement
- Part 3: Censure
- 9Application
- 10Power to censure
- 11Decision
- Part 4: Making changes to regulatory functions
- 12Application
- 13Power to make changes
- 14Decision
- 15Parliamentary procedure for regulations
- Part 5: Procedure for imposing a measure
- 16Application
- 17Notice of intention
- 18Consultation
- 19Decision
- 20Meaning of relevant persons or bodies
- Schedule 3: Minor and consequential modifications of enactments Not yet in force
- Part 1: Regulatory framework Not yet in force
- 1Regulatory objectives and professional principles Not yet in force
- 2Regulatory objectives and professional principles Not yet in force
- 3New regulators Not yet in force
- 4New regulators Not yet in force
- 5New regulators Not yet in force
- 6New regulators Not yet in force
- 7New regulators Not yet in force
- 8Renaming etc. of Association of Commercial Attorneys Not yet in force
- Part 2: Modification of the 1980 Act in relation to complaints Not yet in force
- 9Conduct complaints suggesting unsatisfactory professional conduct Not yet in force
- 10Regulatory complaints Not yet in force
- 11Procedure relating to complaints Not yet in force
- 12Publication of decisions Not yet in force
- 13Other modifications Not yet in force
- Part 3: Modification of other enactments in relation to complaints Not yet in force
- 14Legal Aid (Scotland) Act 1986 Not yet in force
- 15Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Not yet in force
- 16Legal Profession and Legal Aid (Scotland) Act 2007 Not yet in force
- 17Legal Services (Scotland) Act 2010 Not yet in force
- Part 4: Miscellaneous modifications of the 1980 Act etc. Not yet in force
- 18The roll and other registers Not yet in force
- 19The roll and other registers Not yet in force
- 20Restoration of name to roll: appeals Not yet in force
- 21Restoration of name to register of European lawyers: appeals Not yet in force
- 22Restoration of name to register of foreign lawyers: appeals Not yet in force
- 23Restoration of name to roll or register: expenses Not yet in force
- 24Practising certificates Not yet in force
- 25Registration certificates Not yet in force
- 26Powers where excessive fees etc. charged Not yet in force
- 27Powers where failure to comply with rules Not yet in force
- 28Previous findings of record Not yet in force
- 29The Client Protection Fund Not yet in force
- 30The Client Protection Fund Not yet in force
- 31The Client Protection Fund Not yet in force
- 32Investment business certificates Not yet in force
- 33Appeals from decisions of Tribunal Not yet in force
- 34Constitution of Tribunal Not yet in force
- 35Procedure of Tribunal Not yet in force
- 36Communicating and giving effect to Tribunal decisions Not yet in force
- 37Appeal against decision of Tribunal to dismiss before enquiry Not yet in force
- 38Finality of decisions Not yet in force
- 39Other modifications Not yet in force
- Part 5: Miscellaneous modifications of other enactments Not yet in force
- 40Freedom of information Not yet in force
- 41Removal of special provision for confirmation agents and will writers etc. Not yet in force
- 42Removal of special provision for confirmation agents and will writers etc. Not yet in force
- 43Removal of special provision for confirmation agents and will writers etc. Not yet in force
- 44Civil enforcement of certain offences Not yet in force
- 45Civil enforcement of certain offences Not yet in force
- 46Disclosure requirements in connection with new offences Not yet in force
- 47Disclosure requirements in connection with new offences Not yet in force