Regulation of Legal Services (Scotland) Act 2025

Part 2 Directions

Application

4 This Part applies where the Lord President is satisfied that—

(a) an act or omission of a category 1 or category 2 regulator (or a series of acts or omissions) has had, or is likely to have, an adverse impact on the observance of any of the regulatory objectives,

(b) a category 1 or category 2 regulator has failed to comply with a requirement imposed on it by or under this Act (including a direction given in accordance with this Part), or

(c) a category 1 or category 2 regulator has failed to adhere to its internal governance arrangements (including, in particular, those relating to the independent and effective exercise of its regulatory functions).

Power to direct

5 (1) The Lord President may direct the regulator to take—

(a) in a case falling within paragraph 4(a), such action as the Lord President considers will counter the adverse impact, mitigate its effect or prevent its recurrence,

(b) in a case falling within paragraph 4(b) or (c), such action as the Lord President considers will remedy the failure, mitigate its effect or prevent its recurrence.

(2) A direction under sub-paragraph (1) must not be framed by reference to—

(a) a specific disciplinary case, or

(b) other specific regulatory proceedings.

(3) A direction under sub-paragraph (1) may require the regulator to refrain from doing something.

(4) The regulator must (so far as practicable) comply with a direction given to it in accordance with this Part.

Decision

6 Where the Lord President decides to proceed with a measure under this Part, the decision notice required under paragraph 19(2) must contain the direction.

Extension of time to comply

7 (1) The Lord President may, on an application by a category 1 or category 2 regulator made at any time after the giving of a direction, allow the regulator additional time to comply with the direction.

(2) Where such additional time is allowed, the Lord President must publicise that fact in such manner as the Lord President considers most likely to bring it to the attention of any relevant person or body.

Enforcement

8 (1) If at any time it appears to the Lord President that a category 1 or category 2 regulator has failed to comply with a direction given under this Part, the Lord President may make an application to the Court of Session for an order as described in sub-paragraph (2).

(2) On an application under sub-paragraph (1), the Court may (if it decides that the regulator has failed to comply with the direction) order the regulator to take such steps as the Court considers appropriate to secure compliance with the direction.