Regulation of Legal Services (Scotland) Act 2025

Prospective

7 Regulatory categories S

(1) For the purposes of this Act, a regulator of legal services providers is subject to different requirements according to whether it is—

(a) assigned as—

(i) a category 1 regulator,

(ii) a category 2 regulator, or

(b) in relation to licensed legal services providers, an approved regulator of such providers (for which, see Part 2 of the 2010 Act).

(2) The Law Society of Scotland is assigned as a category 1 regulator.

(3) The Faculty of Advocates (acting on behalf of the Court of Session) and the Association of Construction Attorneys are assigned as category 2 regulators.

(4) A body that has been approved under section 28 as an accredited regulator is, until such time as the Scottish Ministers make regulations under subsection (6) of that section, deemed to be assigned as a category 2 regulator.

(5) The Scottish Ministers may by regulations amend this section to—

(a) reassign a body that is for the time being mentioned in this section to a different regulatory category, but only if the body is—

(i) an accredited regulator, or

(ii) a body which has had an application under section 25 of the 1990 Act granted under section 26 of that Act,

(b) add a body which is approved under section 28 as an accredited regulator and assign its regulatory category,

(c) remove a body that has ceased to be a regulator,

(d) update the name or description of a regulator.

(6) When considering whether a regulator should be assigned (or reassigned) as a category 1 or a category 2 regulator, the Scottish Ministers must have regard to—

(a) the type and range of legal services that are (or are to be) regulated,

(b) whether the legal services are (or are to be) provided directly to members of the public, and

(c) the number of legal services providers that the regulator regulates (or is likely to regulate).

(7) Regulations under subsection (5) are subject to the affirmative procedure.

(8) But the Scottish Ministers may exercise the power to make regulations under subsection (5)(a) only following, and in accordance with, a request to exercise the power received from the Lord President.

(9) Before making a request referred to in subsection (8), the Lord President—

(a) must consult—

(i) the body whose category the Lord President is proposing to be reassigned,

(ii) the independent advisory panel of the Commission,

(iii) the other category 1 and category 2 regulators, and

(iv) each approved regulator of licensed providers (if not otherwise consulted), and

(b) may consult—

(i) the Scottish Ministers, and

(ii) such other person or body as the Lord President considers appropriate.

(10) A request under subsection (8) must include—

(a) a document setting out the reasons for the request, and

(b) copies of any written representations received in response to the consultation under subsection (9).

(11) As soon as reasonably practicable after making a request under subsection (8), the Lord President must publish the documents included with the request in such manner as the Lord President considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

(12) For the purposes of subsection (1), “regulator” means—

(a) the Law Society,

(b) the Faculty of Advocates,

(c) an approved regulator of licensed providers,

(d) an accredited regulator, or

(e) a body which has had an application under section 25 of the 1990 Act granted under section 26 of that Act.

Commencement Information

I1 S. 7 not in force at Royal Assent, see s. 103(3)