Regulation of Legal Services (Scotland) Act 2025

Part 4 Making changes to regulatory functions

Application

12 This Part applies when the Lord President is satisfied that—

(a) an act or omission of a category 1 or category 2 regulator (or a series of acts or omissions) has had, or is likely to have, an adverse impact on the observance of any of the regulatory objectives, and

(b) the matter cannot be addressed adequately by the Lord President taking any of the measures mentioned in section 19(4)(a) to (c).

Power to make changes

13 (1) Where the Lord President is taking a measure mentioned in section 19(4)(d), the Lord President may—

(a) in a case where the regulator falls within sub-paragraph (6), direct the regulator to change its scheme in such manner and by such date as the Lord President may specify,

(b) in any other case, ask the Scottish Ministers to exercise the power under sub-paragraph (4) to change the regulatory functions exercised by the regulator.

(2) Where the Lord President is taking a measure mentioned in section 19(4)(e), the Lord President may—

(a) in a case where the regulator falls within sub-paragraph (6), direct the regulator to change its scheme in such manner and by such date as the Lord President may specify,

(b) in any other case, ask the Scottish Ministers to exercise the power under sub-paragraph (4) to change the way in which any of the regulatory functions of the regulator are to be exercised by it.

(3) Where the Lord President is taking a measure mentioned in section 19(4)(f) in relation to a regulator that falls within sub-paragraph (6), the Lord President may revoke the approval of the regulator’s application under section 28 of this Act or, as the case may be, under section 26(6) of the 1990 Act.

(4) Following a request from the Lord President under sub-paragraph (1)(b) or (2)(b), the Scottish Ministers may by regulations make provision to change—

(a) the regulatory functions exercised by the regulator, or

(b) the way in which any of the regulatory functions of the regulator are to be exercised by it.

(5) The Scottish Ministers may exercise the power under sub-paragraph (4) only in accordance with such a request.

(6) A regulator falls within this paragraph if it is an accredited regulator or if it acquired rights for its members to provide legal services (other than rights to conduct litigation and rights of audience) by virtue of an application under section 25 of the 1990 Act.

(7) Regulations under this paragraph may amend an enactment.

(8) For the purposes of sub-paragraphs (1)(a) and (2)(a), the regulator’s scheme is the scheme that was approved under section 26(6) of the 1990 Act or, as the case may be, section 28 of this Act (as such scheme may be amended from time to time).

Decision

14 (1) Where the Lord President decides to proceed with a measure under this Part, the decision notice required under paragraph 19(2) must—

(a) state—

(i) in a case where the regulator falls within paragraph 13(6), the changes that the Lord President intends to direct the regulator to make to its scheme or, as the case may be, that the Lord President intends to remove all of the regulatory functions of the regulator,

(ii) in any other case, the changes that the Lord President intends to ask the Scottish Ministers to make to the regulatory functions exercised by the regulator or to the way in which any of the regulatory functions of the regulator are to be exercised by it, and

(b) explain why the Lord President considers the changes to be appropriate.

(2) The date by which regulations may be made must not be within the period of 3 months beginning with the day on which the decision notice is given to the regulator.

Parliamentary procedure for regulations

15 (1) The Scottish Ministers may not make regulations under paragraph 13(4) unless—

(a) the Lord President has given the regulator a decision notice as required under paragraph 19(2),

(b) they have laid before the Scottish Parliament—

(i) the draft regulations, and

(ii) an explanatory document, and

(c) the draft regulations have been approved by resolution of the Parliament.

(2) The explanatory document must give details of—

(a) any representations received as a result of the consultation under paragraph 18,

(b) any representation received as a result of the consultation on the draft regulations,

(c) the changes (if any) made to the proposed measure or regulations as a result of those representations.