Regulation of Legal Services (Scotland) Act 2025 (asp 8) - Explanatory Notes

Explanatory Notes

Regulation of Legal Services (Scotland) Act 2025

2025 asp 8

27 June 2025

Background

Part 5 – General

Section 98 – Individual culpability for offending by an organisation

229. This section makes provision where offences under the Act are committed by legal entities such as companies, partnerships, and other bodies or associations. Where an offence under the Act is committed by a “relevant organisation”, this section provides that the relevant organisation and, in some cases, a “responsible official” (or individual purporting to act in that capacity) in that organisation are both to be held responsible. This section ensures that those running legal entities who are responsible for the decisions leading to an offence under the Part can also be prosecuted for it.

Section 99 – Civil enforcement in relation to offences

230. This section clarifies that where a category 1 or category 2 regulator considers that a person has committed an offence under section 31(1), 39(5), 40(1), 90(1), 91(1) or 92(1) of this Act, the regulator may apply to the relevant sheriff or the Court of Session for an interdict (including an interim interdict) in order to prevent the person from doing anything constituting the offence (or which would constitute the offence). This section does not restrict a category 1 or category 2 regulator from seeking any other court order against a person mentioned in this section.

Section 100 – Regulations

231. This section allows regulations under the Act to include the ancillary provision listed, and to make different provision for different purposes. It does not apply to commencement regulations.

Section 101 – Ancillary provision

232. This section allows the Scottish Ministers, by regulations, to make standalone ancillary provision in relation to the Act, once enacted, or in relation to any provision made under it. Any regulations making ancillary provision which textually amends primary legislation will be subject to the affirmative procedure; otherwise, any regulations making ancillary provision under this power will be subject to the negative procedure.

Section 102 – Interpretation

233. This section defines words and expressions for the purposes that are used in the Act.

Section 103 – Commencement

234. This section provides for the substantive provisions of the Act to come into force in accordance with regulations made by the Scottish Ministers. The regulations may make transitional, transitory or saving provision and may make different provision for different purposes.

Section 104 – Short title

235. This section gives the Act its short title (being the name by which it may be formally cited). The short title of the Act is Regulation of Legal Services (Scotland) Act 2025.