Regulation of Legal Services (Scotland) Act 2025

61 Services complaints: special provision for complaints against unregulated persons

(1) The 2007 Act is amended as follows.

(2) After section 22, insert—

“Services complaints: special provision for complaints against unregulated persons

22A Services complaints: special provision for complaints against unregulated persons

(1) Subject to subsection (2), the following provisions apply in relation to a services complaint against a person who was not a practitioner at the time when the legal services complained of were provided but who was providing legal services to the public for fee, gain or reward (an “unregulated provider”) as the provisions apply in relation to a services complaint against a practitioner—

(a) section 2,

(b) section 3,

(c) section 4,

(d) section 8,

(e) section 9,

(f) section 10,

(g) section 11,

(h) section 12A,

(i) section 14,

(j) section 16,

(k) section 17,

(l) section 18,

(m) section 19,

(n) section 20,

(o) section 20A,

(p) section 35,

(q) section 40, and

(r) schedule 2.

(2) The provisions referred to in subsection (1) apply in relation to an unregulated provider against whom a services complaint is made subject to the following modifications—

(a) references to “inadequate professional services” are to be read as if they were references to “inadequate legal services” (meaning, in relation to an unregulated provider, legal services that are in any respect not of the quality which could reasonably be expected of a competent unregulated provider),

(b) references to the practitioner against whom a complaint is made are to be read as including references to the unregulated provider against whom a complaint is made,

(c) references to a “practitioner’s firm” are to be read as if they were omitted,

(d) references to an “employing practitioner”, in relation to a practitioner, are to be read as if they were references to the employer (if any) of the unregulated provider against whom a complaint is made,

(e) references to a “relevant professional organisation” are to be read as if they were omitted,

(f) where the unregulated provider against whom a complaint is made is in the employment of another person, references in section 10 to “employee practitioner” are to be read as if they were references to the unregulated provider,

(g) section 10(2) is to be read as if paragraph (e) were omitted.”.