Regulation of Legal Services (Scotland) Act 2025

76 Restriction on disclosure of information: relevant professional organisations

(1) The 2007 Act is amended as follows.

(2) In section 52 (restriction upon disclosure of information: relevant professional organisations)—

(a) in subsection (3)(a), at end insert “(including the disclosure of information under section 51A(1))”,

(b) after subsection (3)(a) insert—

“(aa) for the purpose of enabling or assisting a regulatory body to exercise any of the body’s functions,”,

(c) after subsection (4) insert—

“(4A) In subsection (3)(aa), “regulatory body” means any regulatory body as the Scottish Ministers may by regulations specify.

(4B) Regulations under subsection (4A) may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes.

(4C) Before making regulations under subsection (4A), the Scottish Ministers must—

(a) consult—

(i) any regulatory body that is proposed to be specified by the regulations,

(ii) the Lord President,

(iii) the Commission,

(iv) the independent advisory panel established under paragraph 11A of schedule 1,

(v) each category 1 and category 2 regulator,

(vi) each approved regulator within the meaning of Part 2 of the Legal Services (Scotland) Act 2010,

(b) publish a report describing—

(i) the consultation carried out,

(ii) any representations received in response to the consultation, and

(iii) the changes (if any) to the proposals as a result of the representations, and

(c) confirm that the Lord President agrees with the proposal to make the regulations.”.