Regulation of Legal Services (Scotland) Act 2025

Prospective

The roll and other registers S

18 (1) The 1980 Act is amended as follows.

(2) In section 7 (keeping the roll)—

(a) in subsection (1), the words “at the office of their secretary” are repealed,

(b) for subsection (3) substitute—

“(3) The roll must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(3) In section 8 (entry in the roll), for subsection (2) substitute—

“(2) Any solicitor whose name is entered on the roll (in this Act referred to as “an enrolled solicitor”) must—

(a) on enrolment, inform the Council of—

(i) the address of the solicitor’s place of business, and

(ii) any other information the Council consider necessary for the purpose of maintaining the roll, and

(b) inform the Council of any change to the information required under paragraph (a) within 28 days of the change.”.

(4) In section 12A (keeping the register)—

(a) in subsection (1), the words “, and shall keep the register at the office of their secretary” are repealed,

(b) for subsection (3) substitute—

“(3) The register must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(5) In section 12B (information to be provided by registered European lawyers), for subsection (1) substitute—

“(1) Any registered European lawyer must—

(a) on registration, inform the Council of—

(i) the address of the registered European lawyer’s place of business,

(ii) the registered European lawyer’s home professional title, and

(iii) the name and address of the competent authority with which the registered European lawyer is registered in the registered European lawyer’s home state, and

(b) inform the Council of any change to the information required under paragraph (a) within 28 days of the change.”.

(6) In section 12C (removal of name from register on request)—

(a) in subsection (1), for “solicitor” substitute “registered European lawyer”,

(b) in subsection (2)(a), for “solicitor”, in both places it occurs, substitute “registered European lawyer”.

(7) In section 13 (applications for practising certificates), for subsection (2) substitute—

“(2) The register must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(8) In section 24A (applications for registration certificates), for subsection (2) substitute—

“(2) The register referred to in subsection (1)(c) must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(9) In section 60A (registered foreign lawyers)—

(a) for subsection (4A) substitute—

“(4A) The register of foreign lawyers must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”,

(b) in subsection (4B), after “hand” insert “and the Council are satisfied that it is otherwise appropriate to do so”.

(10) In schedule 2 (the roll: powers of the Council and ancillary provisions)—

(a) in paragraph 1(b)—

(i) for “send to any solicitor at his address as shown in the roll a letter enquiring” substitute “contact any solicitor to enquire”,

(ii) for “6 months” substitute “8 weeks”,

(iii) for “of the posting of the letter” substitute “the enquiry is made”,

(b) for paragraph 1(c) substitute—

“(c) where—

(i) a solicitor on the roll has been so enrolled based on an undertaking to complete any remaining period of training or to meet any other requirements that the solicitor is required to meet in pursuance of regulations under section 5, and

(ii) the Council are not satisfied that the solicitor has fulfilled that undertaking—

(A) within the period of 6 months beginning with the last day of service of the training contract which the solicitor entered into in accordance with those regulations, or

(B) immediately following the termination of such a training contract,

to contact the solicitor to enquire whether the solicitor intends to fulfil the undertaking and intimating that, unless a reply which the Council regard as satisfactory is received within the period of 8 weeks beginning with the day on which the enquiry is made, the solicitor’s name may be removed from the roll, and”,

(c) in paragraph 1(d)—

(i) for “a letter has been so sent” substitute “an enquiry has been made”,

(ii) for “a letter sent” substitute “an enquiry made”.

(11) In schedule 4 (constitution, procedure and powers of Tribunal)—

(a) in paragraph 18, for the words from “shall” to the end of the paragraph substitute “must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”,

(b) in paragraph 18A, for the words from “open” to the end of the paragraph substitute “accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

Commencement Information

I1 Sch. 3 para. 18 not in force at Royal Assent, see s. 103(3)