Regulation of Legal Services (Scotland) Act 2025

Prospective

Part 1 S Regulatory framework

Regulatory objectives and professional principles S

1 (1) The 2007 Act is amended as follows.

(2) In section 57G (interpretation of Part 2A)—

(a) the existing words from ““approved” to the end become paragraph (a),

(b) in that paragraph, the words from ““professional” to “objectives”” are repealed,

(c) after that paragraph, insert—

“(b) “professional principles” means the principles described in section 4(1) of the 2025 Act,

(c) “regulatory objectives” are the objectives described in section 2 of the 2025 Act (construed in accordance with section 3 of that Act).”.

Commencement Information

I1 Sch. 3 para. 1 not in force at Royal Assent, see s. 103(3)

2 (1) The 2010 Act is amended as follows.

(2) Section 1 (regulatory objectives) is repealed.

(3) Section 2 (professional principles) is repealed.

(4) The title of Part 1 becomes “MEANING OF LEGAL SERVICES AND ROLE OF MINISTERS”.

(5) In section 4 (ministerial oversight), in subsection (2)(a), after “objectives” insert “(see section 149(2))”.

(6) In section 6 (approved regulators), subsection (3)(b) is repealed.

(7) In section 36 (review of own performance), subsection (2)(a) is repealed.

(8) In section 37 (monitoring by Ministers), subsection (2)(a) is repealed.

(9) In section 48 (eligibility criteria), subsection (1)(b) is repealed.

(10) In section 50 (key duties), subsection (1)(a) is repealed.

(11) In section 69 (inability to operate), in subsection (1)(a), the words “or 49” are repealed.

(12) Section 77 (role of approved regulators) is repealed.

(13) Section 78 (policy statement) is repealed.

(14) Section 119 (application by the profession) is repealed.

(15) In section 146 (regulations), subsection (3)(a)(vii) is repealed.

(16) Section 147 (further modification) is repealed.

(17) In section 149 (definitions), in subsection (2), after paragraph (c) insert—

“(d) “professional principles” means the principles described in section 4(1) of the Regulation of Legal Services (Scotland) Act 2025,

(e) “regulatory objectives” are the objectives described in section 2 of the Regulation of Legal Services (Scotland) Act 2025 (construed in accordance with section 3 of that Act).”.

(18) In schedule 9 (index of expressions used), in respect of the entries for “regulatory objectives”, “professional principles” and “legal services” substitute—

“legal services	section 3
professional principles	section 149(2)(d)
regulatory objectives	section 149(2)(e)”.

Commencement Information

I2 Sch. 3 para. 2 not in force at Royal Assent, see s. 103(3)

New regulators S

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

(2) In section 32 (offence for unqualified persons to prepare certain documents), in subsection (2), for paragraph (f) substitute—

“(f) to a person exercising a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).”.

(3) In Part 1 of schedule 4 (constitution, procedure and powers of the Tribunal), in paragraph 1A, in paragraph (b), for sub-paragraph (iv) substitute—

“(iv) persons exercising a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).”.

Commencement Information

I3 Sch. 3 para. 3 not in force at Royal Assent, see s. 103(3)

4 (1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 12A (register of advice organisations), in subsection (2), for paragraph (d) substitute—

“(d) has a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

Commencement Information

I4 Sch. 3 para. 4 not in force at Royal Assent, see s. 103(3)

5 (1) The 2010 Act is amended as follows.

(2) In section 48 (eligibility criteria), in subsection (5), for paragraph (c) substitute—

“(c) authorised legal services provider,”.

(3) In section 72(1) (employing disqualified lawyer), in paragraph(c)(iii), for “a litigation practitioner” substitute “an authorised legal services provider”.

(4) In section 73(1) (concealing disqualification), in paragraph (c)(iii), for “a litigation practitioner” substitute “an authorised legal services provider”.

(5) In section 149 (definitions), in subsection (2), for paragraph (c) substitute—

“(c) a reference to an authorised legal services provider is to a person having a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).”.

(6) In schedule 9 (index of expressions used), in the entry relating to “litigation practitioner”, in the first column, for “litigation practitioner” substitute “authorised legal services provider”.

Commencement Information

I5 Sch. 3 para. 5 not in force at Royal Assent, see s. 103(3)

6 (1) The Courts Reform (Scotland) Act 2014 is amended as follows.

(2) In section 95 (key defined terms), in subsection (4), for paragraph (c) substitute—

“(c) a person having a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990).”.

(3) In section 103 (power to regulate procedure etc. in the Court of Session), in subsection (2), in paragraph (m), for sub-paragraph (ii) substitute—

“(ii) do not have a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

(4) In section 104 (power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court), in subsection (2), in paragraph (m), for sub-paragraph (ii) substitute—

“(ii) do not have a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

Commencement Information

I6 Sch. 3 para. 6 not in force at Royal Assent, see s. 103(3)

7 (1) The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.

(2) In section 36 (power to regulate procedure etc.), in subsection (2), in paragraph (e), for sub-paragraph (ii) substitute—

“(ii) do not have the right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

Commencement Information

I7 Sch. 3 para. 7 not in force at Royal Assent, see s. 103(3)

Renaming etc. of Association of Commercial Attorneys S

8 In the schedule of the Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 (S.S.I. 2012/213), in the table—

(a) in the first column (profession) for “Commercial Attorney” substitute “Construction Attorney”,

(b) in the second column, (professional association) for “Commercial” substitute “Construction”.

Commencement Information

I8 Sch. 3 para. 8 not in force at Royal Assent, see s. 103(3)