Regulation of Legal Services (Scotland) Act 2025

25 Regulatory scheme - additional matters to be included: further provision

(1) The Scottish Ministers may exercise the power to make regulations under section 24(1) only if they have received a request to exercise the power from—

(a) the Lord President,

(b) an accredited regulator, or

(c) the independent advisory panel of the Commission.

(2) Before making a request under subsection (1), the person making the request (“the requester”) must—

(a) consult—

(i) each accredited regulator (or each other accredited regulator if the requester is an accredited regulator),

(ii) the independent advisory panel of the Commission unless the panel is the requester,

(iii) the Competition and Markets Authority, and

(iv) such other person or body as the requester considers appropriate, and

(b) except where the requester is the Lord President, secure the Lord President’s agreement to the making of the request.

(3) For the purpose of seeking the Lord President’s agreement under subsection (2)(b), the requester must provide to the Lord President—

(a) a document setting out—

(i) an explanation of the change sought by the proposed exercise of the power, and

(ii) the reasons for seeking the change,

(b) copies of any written representations received in response to the consultation under subsection (2)(a).

(4) A request under subsection (1) must include—

(a) a document setting out—

(i) an explanation of the change sought by the proposed exercise of the power, and

(ii) the reasons for seeking the change,

(b) copies of any written representations received in response to the consultation under subsection (2)(a), and

(c) except where the requester is the Lord President, written confirmation of the Lord President’s agreement to the making of the request.

(5) As soon as reasonably practicable after making a request under subsection (1), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).