Regulation of Legal Services (Scotland) Act 2025
Regulation of Legal Services (Scotland) Act 2025 (2025 asp 8)
- Regulation of Legal Services (Scotland) Act 2025 (2025 asp 8)
- Part 1 Regulatory framework
- Chapter 1 Objectives, principles and key definitions
- Overview of Part
- 1 Overview of the regulatory framework
- Regulatory objectives
- 2 Regulatory objectives
- 3 Application of the regulatory objectives
- Professional principles
- 4 Professional principles
- Meaning of key expressions
- 5 Meaning of “legal services” and “legal services provider”
- 6 Meaning of regulatory functions
- Chapter 2 regulators
- Regulatory categories
- 7 Regulatory categories
- Requirements of category 1 regulators
- 8 Exercise of regulatory functions
- 9 Regulatory committee: composition and membership
- 10 Regulatory committee: lay and legal members
- 11 Regulatory committee: convener, sub-committees and minutes
- 12 Annual reports of category 1 regulators
- 13 Compensation funds
- Requirements of category 2 regulators
- 14 Exercise of regulatory functions
- 15 Annual reports of category 2 regulators
- Requirements of both category 1 and category 2 regulators
- 16 Register of regulated legal services providers
- 17 Professional indemnity insurance
- Powers of the Lord President in relation to regulators
- 18 Review of regulatory performance by the Lord President
- 19 Measures open to the Lord President
- Special rule changes
- 20 Power to direct special rule changes
- 21 Powers to amend or revoke directions
- 22 Register of directions
- Chapter 3 New regulators of legal services
- Applications
- 23 Right to provide legal services
- 24 Regulatory scheme
- 25 Regulatory scheme - additional matters to be included: further provision
- 26 Publication of draft regulatory scheme and representations
- Consideration and grant
- 27 Consideration of applications
- 28 Approval of application and giving effect to the regulatory scheme
- Exercise of the acquired rights
- 29 Exercise of rights to provide legal services
- 30 Surrender of rights
- 31 Offence of pretending to have acquired rights
- Review of regulatory scheme
- 32 Review of regulatory scheme on initiative of accredited regulator
- 33 Review of regulatory schemes
- 34 Revocation of acquired rights
- Miscellaneous
- 35 Replacement regulatory arrangements for authorised providers
- 36 Consequential amendments and repeals
- 37 Transitional and saving provision for regulators approved under the 1990 Act
- Part 2 Regulation of legal businesses
- Introductory
- 38 Overview of Part
- Requirement to be authorised to provide legal services
- 39 Requirement for legal businesses to be authorised to provide legal services
- 40 Offence of pretending to be an authorised legal business
- Regulation of authorised legal businesses
- 41 Rules for authorised legal businesses
- 42 Authorisation rules
- 43 Appeals in relation to authorisation decisions
- 44 Practice rules
- 45 Financial sanctions
- 46 Reconciling different rules
- 47 Monitoring of performance of authorised legal businesses
- Miscellaneous
- 48 Law Society of Scotland
- 49 Entities changing regulatory regime
- Part 3 Complaints
- 50 Receipt of complaints: preliminary steps
- 51 Complaints initiated by, or continued by, the Commission
- 52 Ineligible or premature complaints
- 53 Commission process relating to complaints
- 54 Commission’s duty to investigate and determine services complaints
- 55 Regulatory complaints against authorised legal businesses
- 56 Services complaint: sanctions
- 57 Commission decision making and delegation
- 58 Commission review committee
- 59 Disclosure of information by practitioners etc. to the Commission and relevant professional organisations
- 60 Power of Commission to request practitioner’s details in connection with complaints
- 61 Services complaints: special provision for complaints against unregulated persons
- 62 Handling complaints
- 63 Annual general levy and complaints levy
- 64 Unregulated providers of legal services: register, annual contributions and complaints contributions
- 65 Commission rules as to practice and procedure
- 66 Conduct or regulatory complaint raised by relevant professional organisation
- 67 Conduct or regulatory complaint appears to relevant professional organisation during investigation to be services complaint
- 68 Conduct complaints: consideration by relevant professional organisations
- 69 Complaints: monitoring and setting of minimum standards by the Commission
- 70 Compensation funds: setting of minimum standards by the Commission
- 71 Enforcement of minimum standards
- 72 Obtaining information from practitioners
- 73 Power to disclose information about complaints: Commission
- 74 Restriction on disclosure of information: Commission
- 75 Power to disclose information about complaints: relevant professional organisations
- 76 Restriction on disclosure of information: relevant professional organisations
- 77 Conduct complaints: power to impose unlimited fine and removal of power to award compensation
- 78 Faculty of Advocates: complaint of professional misconduct and publication of decision
- 79 Commission membership
- 80 Role of the independent advisory panel
- 81 Commission reports
- 82 Minor and consequential amendments
- Part 4 Miscellaneous
- Financial sanctions
- 83 Financial sanctions
- Licensed legal services providers
- 84 Licensing rules: fees
- 85 Removal of requirement to act for fee, gain or reward
- 86 Eligibility criteria: law centres
- 87 Majority ownership
- 88 Non-solicitor investors: factors as to fitness
- Removal of certain practising restrictions
- 89 Removal of practising restrictions: law centres, citizens advice bodies and charities
- Offences relating to pretending to be a regulated provider of legal services
- 90 Offence of taking or using the title of lawyer
- 91 Offence of pretending to be a regulated legal services provider
- 92 Offence of pretending to be a member of Faculty of Advocates
- 93 Time limit for prosecution of offences
- Power of the Scottish Ministers to adjust restricted legal services
- 94 Power of the Scottish Ministers to adjust restricted legal services
- Lord President’s functions under Parts 1 and 2: rule-making power
- 95 Lord President’s functions under Parts 1 and 2: rule-making making power
- Minor and consequential modifications
- 96 Modification of other enactments
- Review of Act
- 97 Review of Act
- Part 5 General
- 98 Individual culpability for offending by an organisation
- 99 Civil enforcement in relation to offences
- 100 Regulations
- 101 Ancillary provision
- 102 Interpretation
- 103 Commencement
- 104 Short title
- Schedule 1 Law Society of Scotland
- Part 1 Category 1 regulator
- Exercise of regulatory functions
- Client Protection Fund
- Part 2 Regulation of legal businesses
- Regulatory functions
- Suspension of authorisation
- Consultants
- Offence of disqualified solicitors dishonestly seeking employment
- Rules as to professional practice, conduct and discipline
- Rules as to accounts etc.
- Powers where excessive fees etc. charged
- Powers where failure to comply with rules
- Judicial factors
- Distribution of sums in client bank account
- Client Protection Fund
- Professional indemnity
- Safeguarding interests of clients
- Recovery of expenses of intervention
- Restrictions on employing a struck off or suspended solicitor
- Complaints
- Protection of banks
- Recovery of Council’s expenses
- Service of notices
- Interpretation
- Revenue powers in respect of authorised legal businesses
- Schedule 2 Further provision about measures open to the Lord President
- Part 1 Performance targets
- Application
- Power to set targets
- Decision
- Part 2 Directions
- Application
- Power to direct
- Decision
- Extension of time to comply
- Enforcement
- Part 3 Censure
- Application
- Power to censure
- Decision
- Part 4 Making changes to regulatory functions
- Application
- Power to make changes
- Decision
- Parliamentary procedure for regulations
- Part 5 Procedure for imposing a measure
- Application
- Notice of intention
- Consultation
- Decision
- Meaning of relevant persons or bodies
- Schedule 3 Minor and consequential modifications of enactments
- Part 1 Regulatory framework
- Regulatory objectives and professional principles
- New regulators
- Renaming etc. of Association of Commercial Attorneys
- Part 2 Modification of the 1980 Act in relation to complaints
- Conduct complaints suggesting unsatisfactory professional conduct
- Regulatory complaints
- Procedure relating to complaints
- Publication of decisions
- Other modifications
- Part 3 Modification of other enactments in relation to complaints
- Legal Aid (Scotland) Act 1986
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
- Legal Profession and Legal Aid (Scotland) Act 2007
- Legal Services (Scotland) Act 2010
- Part 4 Miscellaneous modifications of the 1980 Act etc.
- The roll and other registers
- Restoration of name to roll: appeals
- Restoration of name to register of European lawyers: appeals
- Restoration of name to register of foreign lawyers: appeals
- Restoration of name to roll or register: expenses
- Practising certificates
- Registration certificates
- Powers where excessive fees etc. charged
- Powers where failure to comply with rules
- Previous findings of record
- The Client Protection Fund
- Investment business certificates
- Appeals from decisions of Tribunal
- Constitution of Tribunal
- Procedure of Tribunal
- Communicating and giving effect to Tribunal decisions
- Appeal against decision of Tribunal to dismiss before enquiry
- Finality of decisions
- Other modifications
- Part 5 Miscellaneous modifications of other enactments
- Freedom of information
- Removal of special provision for confirmation agents and will writers etc.
- Civil enforcement of certain offences
- Disclosure requirements in connection with new offences
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