Regulation of Legal Services (Scotland) Act 2025

New regulators

287. Paragraph 3 amends section 32 (offence for unqualified persons to prepare certain documents) and paragraph 1A in Part 1 of schedule 4 (constitution, procedure and powers of the Tribunal) of the 1980 Act. The change to section 32 ensures that the offence in this section does not apply to a person exercising a right to provide legal services acquired under Chapter 3 of Part 1 of this Act, and the changes to paragraph 1A ensures that the non-lawyer members of the Tribunal do not include such a person.

288. Paragraph 4 amends section 12A of the Legal Aid (Scotland) Act 1986 (register of advice organisations). It ensures that a person who has a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Act may not be approved as an advisor by an advice organisation.

289. Paragraph 5 amends sections 48, 72, 73 and 149 and schedule 9 of the 2010 Act. The changes made to sections 48, 72, 73 and schedule 9 replace references to an individual practitioner with references to an authorised legal services provider, with the new references being defined, by virtue of the change made to section 149, as a person having a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Act.

290. Paragraph 6 amends sections 95, 103 and 104 of the Courts Reform (Scotland) Act 2014. The change made to section 95 ensures that the meaning of “legal representative” includes a person having a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Act. The changes made to section 103 and 104 make it clear that the powers conferred by each section includes the power to make provision for or about the representation of parties to proceedings in the Court of Session, sheriff courts or Sheriff Appeal Court including persons who do not have a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Act.

291. Paragraph 7 amends section 36 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (power to regulate procedure etc.). This change makes it clear that the power conferred by that section includes the power to make provision for or about the representation of the procurator fiscal and participants in inquiry proceedings, including representation of participants by persons who do not have a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Act.

292. Paragraph 8 amends the schedule of the Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 (S.S.I. 2012/213), to reflect the name change of the ACA from the “Association of Commercial Attorneys” to the “Association of Construction Attorneys”.