Regulation of Legal Services (Scotland) Act 2025 (asp 8)

Schedule 3 Minor and consequential modifications of enactments

(introduced by sections 1(5), 82 and 96)

Part 1 Regulatory framework

Regulatory objectives and professional principles

1 (1) The 2007 Act is amended as follows.

(2) In section 57G (interpretation of Part 2A)—

(a) the existing words from ““approved” to the end become paragraph (a),

(b) in that paragraph, the words from ““professional” to “objectives”” are repealed,

(c) after that paragraph, insert—

“(b) “professional principles” means the principles described in section 4(1) of the 2025 Act,

(c) “regulatory objectives” are the objectives described in section 2 of the 2025 Act (construed in accordance with section 3 of that Act).”.

2 (1) The 2010 Act is amended as follows.

(2) Section 1 (regulatory objectives) is repealed.

(3) Section 2 (professional principles) is repealed.

(4) The title of Part 1 becomes “MEANING OF LEGAL SERVICES AND ROLE OF MINISTERS”.

(5) In section 4 (ministerial oversight), in subsection (2)(a), after “objectives” insert “(see section 149(2))”.

(6) In section 6 (approved regulators), subsection (3)(b) is repealed.

(7) In section 36 (review of own performance), subsection (2)(a) is repealed.

(8) In section 37 (monitoring by Ministers), subsection (2)(a) is repealed.

(9) In section 48 (eligibility criteria), subsection (1)(b) is repealed.

(10) In section 50 (key duties), subsection (1)(a) is repealed.

(11) In section 69 (inability to operate), in subsection (1)(a), the words “or 49” are repealed.

(12) Section 77 (role of approved regulators) is repealed.

(13) Section 78 (policy statement) is repealed.

(14) Section 119 (application by the profession) is repealed.

(15) In section 146 (regulations), subsection (3)(a)(vii) is repealed.

(16) Section 147 (further modification) is repealed.

(17) In section 149 (definitions), in subsection (2), after paragraph (c) insert—

“(d) “professional principles” means the principles described in section 4(1) of the Regulation of Legal Services (Scotland) Act 2025,

(e) “regulatory objectives” are the objectives described in section 2 of the Regulation of Legal Services (Scotland) Act 2025 (construed in accordance with section 3 of that Act).”.

(18) In schedule 9 (index of expressions used), in respect of the entries for “regulatory objectives”, “professional principles” and “legal services” substitute—

“legal services	section 3
professional principles	section 149(2)(d)
regulatory objectives	section 149(2)(e)”.

New regulators

3 (1) The 1980 Act is amended as follows.

(2) In section 32 (offence for unqualified persons to prepare certain documents), in subsection (2), for paragraph (f) substitute—

“(f) to a person exercising a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).”.

(3) In Part 1 of schedule 4 (constitution, procedure and powers of the Tribunal), in paragraph 1A, in paragraph (b), for sub-paragraph (iv) substitute—

“(iv) persons exercising a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).”.

4 (1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 12A (register of advice organisations), in subsection (2), for paragraph (d) substitute—

“(d) has a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

5 (1) The 2010 Act is amended as follows.

(2) In section 48 (eligibility criteria), in subsection (5), for paragraph (c) substitute—

“(c) authorised legal services provider,”.

(3) In section 72(1) (employing disqualified lawyer), in paragraph(c)(iii), for “a litigation practitioner” substitute “an authorised legal services provider”.

(4) In section 73(1) (concealing disqualification), in paragraph (c)(iii), for “a litigation practitioner” substitute “an authorised legal services provider”.

(5) In section 149 (definitions), in subsection (2), for paragraph (c) substitute—

“(c) a reference to an authorised legal services provider is to a person having a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).”.

(6) In schedule 9 (index of expressions used), in the entry relating to “litigation practitioner”, in the first column, for “litigation practitioner” substitute “authorised legal services provider”.

6 (1) The Courts Reform (Scotland) Act 2014 is amended as follows.

(2) In section 95 (key defined terms), in subsection (4), for paragraph (c) substitute—

“(c) a person having a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990).”.

(3) In section 103 (power to regulate procedure etc. in the Court of Session), in subsection (2), in paragraph (m), for sub-paragraph (ii) substitute—

“(ii) do not have a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

(4) In section 104 (power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court), in subsection (2), in paragraph (m), for sub-paragraph (ii) substitute—

“(ii) do not have a right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

7 (1) The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.

(2) In section 36 (power to regulate procedure etc.), in subsection (2), in paragraph (e), for sub-paragraph (ii) substitute—

“(ii) do not have the right to conduct litigation, or a right of audience, acquired by virtue of Chapter 3 of Part 1 of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),”.

Renaming etc. of Association of Commercial Attorneys

8 In the schedule of the Licensed Legal Services (Specification of Regulated Professions) (Scotland) Regulations 2012 (S.S.I. 2012/213), in the table—

(a) in the first column (profession) for “Commercial Attorney” substitute “Construction Attorney”,

(b) in the second column, (professional association) for “Commercial” substitute “Construction”.

Part 2 Modification of the 1980 Act in relation to complaints

Conduct complaints suggesting unsatisfactory professional conduct

9 (1) The 1980 Act is amended as follows.

(2) In section 3A of the 1980 Act (discharge of functions of Council of the Law Society), in subsection (5), in paragraph (aa), for “(6)(2)(a) or 15(5)(a) of that Act” substitute “6(2) of that Act (or treated as having been remitted to them under that section by virtue of section 33A(2) of that Act)”.

(3) In section 42ZA of the 1980 Act (unsatisfactory professional conduct: Council’s powers)—

(a) in subsection (1), in the opening words—

(i) for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or treated as having been remitted to them under that section by virtue of section 33A(2) of that Act)”,

(ii) after “must” insert “(subject to section 47(1A) of the 2007 Act and subsections (1A) and (1B))”,

(b) after subsection (1), insert—

“(1A) Before the Council make a determination under subsection (1)—

(a) the Council may propose a settlement in respect of the complaint which they consider is fair and reasonable in the circumstances to the solicitor and the complainer,

(b) the solicitor may propose a settlement in respect of the complaint to the Council and the complainer.

(1B) If the solicitor accepts the proposal under subsection (1A)(a), or the Council consider that the proposal under subsection (1A)(b) is fair and reasonable in the circumstances, the Council—

(a) must make a direction to that effect, and

(b) may not determine the complaint under subsection (1) unless—

(i) the solicitor has failed to comply with the direction under paragraph (a), or

(ii) the direction is quashed under section 53ZB(2)(d).”,

(c) subsection (2) is repealed,

(d) in subsection (3), in the opening words—

(i) the words “or (2)” are repealed,

(ii) after “complaint” insert “or where the Council makes a direction under subsection (1B)(a)”,

(e) after subsection (3), insert—

“(3A) Where the Council censures a solicitor under subsection (3), the Council may provide that the censure is to have effect for a specified period and must give their reasons for doing so when making an intimation under subsection (8).”,

(f) in subsection (4), after paragraph (c), insert—

“(d) impose conditions on the solicitor’s practising certificate.”,

(g) after subsection (4), insert—

“(4A) Where the Council have imposed conditions on a solicitor’s practising certificate under subsection (4)(d), the Council may provide that the certificate is subject to those conditions for a specified period and must give their reasons for doing so when making an intimation under subsection (8).”,

(h) in subsection (5)—

(i) after “complaint” where it first occurs insert “(including whether to propose a settlement under subsection (1A)(a)) or in considering a proposal under subsection (1A)(b)”,

(ii) the words from “any” to “misconduct” become paragraph (a),

(iii) for “(but” to the end of the subsection substitute ,

(b) any previous decision made under section 47(1A)(a) of the 2007 Act with respect to a complaint against the solicitor,

(c) any previous direction made under subsection (1B)(a) with respect to a complaint against the solicitor,

(d) any previous determination of the Commission of a services complaint under section 9(1) of the 2007 Act relating to the same alleged set of circumstances,

but not a determination, decision or direction in respect of which an appeal is pending or which has been quashed ultimately on appeal.”,

(i) for subsection (7) substitute—

“(7) Any fine imposed under subsection (4)(b) is payable to the Scottish Ministers.”,

(j) in subsection (8)—

(i) in paragraph (a), the words “or (2)” are repealed,

(ii) in paragraph (c), for “(4)” substitute “(1B)(a), (4)(a) or (4)(b)”,

(iii) after paragraph (c), insert—

“(d) any decision to impose conditions on a solicitor’s practising certificate under subsection (4)(d),”,

(iv) in the closing words, after “it” insert “, and to the Commission and any other relevant party,”,

(v) in the closing words, for “or, as the case may be, the direction” substitute “, direction or, as the case may be, the decision”,

(vi) in the closing words, after “determination” where it second occurs insert “or direction under subsection (1B)(a)”,

(k) after subsection (8), insert—

“(8A) An intimation made under subsection (8) must—

(a) be sent as soon as practicable after the determination, direction or decision has been made,

(b) include information about any right of appeal or ability to make a handling complaint by virtue of section 23 of the 2007 Act.”,

(l) in subsection (9)—

(i) in the opening words, for “or (2),” substitute “, a decision to reinstate a discontinued investigation has been made under section 47(1A)(b) of the 2007 Act,”,

(ii) in the opening words, after “direction” where it first occurs insert “or a decision”,

(iii) in the opening words, for “determination or” substitute “determination, decision, or”,

(iv) after paragraph (a) insert—

“(aa) decision,”,

(v) in paragraph (b), for “(whether or not he” substitute “or decision under subsection (4) (whether or not the solicitor”,

(m) in subsection (10), for the words from “a determination” to the end of the subsection substitute —

(a) a determination under subsection (1) not upholding the conduct complaint is intimated to the complainer,

(b) a decision under section 47(1A)(a) of the 2007 Act to discontinue an investigation is intimated to the complainer,

(c) a direction under subsection (1B)(a) is intimated to the complainer,

appeal to the Tribunal against the determination, direction or decision.”.

(4) In section 42ZB—

(a) in subsection (1)(a), for “42ZA(4)” substitute “42ZA(1B)(a) or (4)”,

(b) in subsection (2)—

(i) after “42ZA(9)” insert “or (10)”,

(ii) for “42ZA(4)” substitute “42ZA(1B)(a) or (4)”,

(iii) after subsection (2) insert—

“(3) The Council may, by notice in writing, require an authorised legal business or, as the case may be, a licensed provider that is specified in—

(a) a decision under section 42E(3)(b), or

(b) such a decision as confirmed or varied on appeal by the Tribunal or the Court,

to give, before the expiry of such period being not less than 21 days as the notice specifies, an explanation of the steps which the authorised legal business or the licensed provider has taken to comply with the decision.

(4) Where an appeal is made under section 42E(7) against a decision under section 42E(3)(b), any notice under subsection (3) relating to the decision ceases to have effect pending the outcome of the appeal.

(5) The Council may, by notice in writing, require a solicitor who is specified in—

(a) a direction or order made under section 53ZAA(4), or

(b) such a direction or order as confirmed or varied on appeal by the Court,

to give, before the expiry of such period being not less than 21 days as the notice specifies, an explanation of the steps which the solicitor has taken to comply with the direction or order.

(6) Where an appeal is made under section 54(1A) or (3A) against a decision under section 53ZAA(1) or any direction or order under section 53ZAA(4), any notice under subsection (5) relating to the decision, direction or, as the case may be, order ceases to have effect pending the outcome of the appeal.”,

(c) the title to section 42ZB becomes “Unsatisfactory professional conduct: Council’s powers to monitor compliance”.

(5) Section 42C of the 1980 Act (powers to examine documents and demand explanations in connection with complaints) is repealed.

(6) In section 53 (powers of Tribunal), in subsection (2), after paragraph (g) insert—

“(h) where it considers that a solicitor does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as it considers appropriate in that respect.”.

(7) Section 53ZA (remission of complaint from Tribunal to Council) is repealed.

(8) After section 53ZA (remission of complaint by Tribunal to Council) insert—

“53ZAA Powers of Tribunal: unsatisfactory professional conduct

(1) Where, after holding an inquiry into a complaint of professional misconduct against a solicitor, the Tribunal is not satisfied that the solicitor has been guilty of professional misconduct, the Tribunal may decide that the solicitor has been guilty of unsatisfactory professional conduct.

(2) Where the Tribunal decides that a solicitor has been guilty of unsatisfactory professional conduct, they—

(a) must censure the solicitor,

(b) may take any of the steps mentioned in subsection (4) which they consider appropriate.

(3) Where the Tribunal censures a solicitor under subsection (2)(a), the Tribunal may provide that the censure is to have effect for a specified period and must give its reasons for doing so when intimating their decision.

(4) The steps are—

(a) where the Tribunal consider that the solicitor does not have sufficient competence in relation to any aspect of the law or legal practice, to direct the solicitor to undertake such education or training as regards the law or legal practice as the Tribunal consider appropriate in that respect,

(b) subject to subsection (8), to direct the solicitor to pay a fine not exceeding £2,000,

(c) to order that the solicitor’s practising certificate is to be subject to such conditions as the Tribunal may direct.

(5) Any fine imposed by the Tribunal under subsection (4)(b) is payable to the Scottish Ministers.

(6) Where the Tribunal has ordered that the solicitor’s practising certificate is to be subject to conditions under subsection (4)(c), the Tribunal may direct that the certificate is to be subject to those conditions for a specified period and must give its reasons for doing so when intimating their decision.

(7) In deciding whether the censure of the solicitor under subsection (2) is to have effect for only a specified period and whether to take any step referred to in that subsection, the Tribunal may take account of—

(a) any previous determination by them, the Council or the Court upholding a complaint against the solicitor of unsatisfactory professional conduct or professional misconduct,

(b) any previous decision made under section 47(1A)(a) of the 2007 Act with respect to a complaint against the solicitor,

(c) any previous direction made under section 42ZA(1B)(a) with respect to a complaint against the solicitor,

but not a determination, decision or direction in respect of which an appeal is pending or which has been quashed ultimately on appeal.

(8) The Tribunal must not direct the solicitor to pay a fine under subsection (4)(b) where, in relation to the subject matter of the complaint, the solicitor has been convicted by any court of an act involving dishonesty and sentenced to a term of imprisonment of not less than two years.

(9) A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in favour of the Council bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(10) The Scottish Ministers may by regulations amend subsection (4)(b) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money.

(11) Regulations under subsection (10) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).”.

(9) In section 53ZB (powers of Tribunal on appeal: unsatisfactory professional conduct)—

(a) in the opening words of subsection (1), after “Tribunal” where it first occurs insert “by the solicitor”,

(b) in subsection (1)(a), for “being appealed against” substitute “upholding a conduct complaint”,

(c) in subsection (1)(c), for “being appealed against” substitute “or decision made under section 42ZA(4)”,

(d) after subsection (1)(f), insert—

“(g) may quash or confirm the decision made under section 47(1A)(b) of the 2007 Act (to reinstate a discontinued investigation),

(h) if it confirms the decision, may direct the Council as to which aspects of the complaint should be continued.”,

(e) in the opening words of subsection (2), after “Tribunal” where it first occurs insert “by the complainer”,

(f) in subsection (2)(a), at end insert “, and if it does so—

“(i) must censure the solicitor,

(ii) may, subject to subsection (5), direct the solicitor to pay a fine not exceeding £2,000,

(iii) may order that the solicitor’s practising certificate is to be subject to such conditions as the Tribunal may direct,”,

(g) after subsection (2)(c), insert—

“(d) may quash or confirm the direction made under section 42ZA(1B)(a),

(e) if it quashes the direction—

(i) must quash any censure and any other associated measures accompanying the direction,

(ii) may direct the Council to carry out their duties under section 42ZA(1),

(iii) may direct the Council to propose a new settlement under section 42ZA(1A)(a), taking into account any matters specified by the Tribunal,

(iv) may dismiss the complaint,

(f) may, where it considers that the solicitor does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as it considers appropriate in that respect,

(g) may quash or confirm the decision made under section 47(1A)(a) of the 2007 Act,

(h) if it quashes the decision, may direct the Council as to which aspects of the complaint should be continued.”,

(h) after subsection (2), insert—

“(2A) Where the Tribunal makes a decision under paragraph (a) of subsection (2), in deciding whether the censure of the solicitor is to have effect for only a specified period and whether to give a direction or make an order mentioned in that paragraph, the Tribunal may take account of—

(a) any previous determination by them, the Council or the Court upholding a complaint against the solicitor of unsatisfactory professional conduct or professional misconduct,

(b) any previous decision made under section 47(1A)(a) of the 2007 Act with respect to a complaint against the solicitor,

(c) any previous direction made under section 42ZA(1B)(a) with respect to a complaint against the solicitor,

but not a determination, decision or direction in respect of which an appeal is pending or which has been quashed ultimately on appeal.

(2B) Where the Tribunal censures a solicitor under subsection (2)(a)(i), the Tribunal may provide that the censure is to have effect for a specified period and must give its reasons for doing so when intimating their decision.

(2C) Where the Tribunal has ordered that the solicitor’s practising certificate is to be subject to conditions under subsection (2)(a)(iii), the Tribunal may direct that the certificate is to be subject to those conditions for a specified period and must give its reasons for doing so when intimating their decision.”,

(i) in subsection (5), after “subsection (1)(e)” insert “or (2)(a)(ii)”,

(j) for subsection (6) substitute—

“(6) Any fine imposed under subsection (1)(e) or (2)(a)(ii) is payable to the Scottish Ministers.”,

(k) after subsection (8) insert—

“(8A) The Scottish Ministers may by regulations amend subsection (2)(a)(ii) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money.”,

(l) after subsection (9) insert—

“(9A) Regulations under subsection (8A) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).”.

(10) Section 54A (appeals from decisions of Tribunal: unsatisfactory professional conduct) is amended as follows—

(a) in subsection (1)—

(i) after “decision” where it first occurs insert “mentioned in subsection (1A)”,

(ii) the words “under section 53ZB(1), (2), (3) or (4)” are repealed,

(b) after subsection (1), insert—

“(1A) The decision is—

(a) a decision that the solicitor has been guilty of unsatisfactory professional conduct under section 53ZAA(1),

(b) a direction or order made under section 53ZAA(4),

(c) a decision under section 53ZB(1),

(d) a decision under section 53ZB(2)(a), (f), (g) or (h).”,

(c) in subsection (3) the following paragraphs are repealed—

(i) paragraph (b),

(ii) paragraph (c),

(iii) paragraph (d),

(iv) paragraph (f),

(v) paragraph (g),

(d) in subsection (3)—

(i) after paragraph (a), insert—

“(aa) a decision under subsection (1)(b) made in relation to a decision under subsection (1)(a),

(ab) a decision under subsection (1)(h) made in relation to a decision under subsection (1)(g),”,

(ii) after paragraph (g), insert—

“(h) a decision under subsection (2)(g) to confirm a decision made under section 47(1A)(a) of the 2007 Act.”,

(e) after subsection (3) insert—

“(3A) The Council may, before the expiry of the period of 21 days beginning with the day on which a decision by the Tribunal under section 53ZAA(1) is intimated to them, appeal to the Court against—

(a) a decision on whether the solicitor has been guilty of unsatisfactory professional conduct under section 53ZAA(1),

(b) any direction or order made under section 53ZAA(4).”,

(f) in subsection (4), for the words “subsection (1) or (2)” substitute “this section”.

(11) In section 65 (interpretation), in subsection (1), insert after the definition of “the CMA Board”—

• ““conduct complaint” is to be construed in accordance with Part 1 of the 2007 Act,”.

Regulatory complaints

10 (1) The 1980 Act is amended as follows.

(2) In section 3A (discharge of functions of Council of the Law Society), in subsection (5)—

(a) after paragraph (aa), insert—

“(aaa) that under section 52A of the 2007 Act of determining of a regulatory complaint remitted to them under section 7A(2) of that Act (or treated as having been remitted to them under that section by virtue of section 33B(2) of that Act),”,

(b) after paragraph (ad), insert—

“(ae) that under section 51(1) of determining whether or not to make a regulatory complaint to the Tribunal,”.

(3) After section 42D (procedure relating to complaints) as inserted by this Act, insert—

“42E Powers relating to regulatory complaints

(1) Before the Council make a determination upholding a regulatory complaint under section 52A(1) of the 2007 Act—

(a) the Council may propose a settlement in respect of the complaint which they consider is fair and reasonable in the circumstances to—

(i) the authorised legal business or, as the case may be, the licensed provider, and

(ii) the complainer,

(b) the authorised legal business or, as the case may be, the licensed provider may propose a settlement in respect of the complaint to the Council and the complainer.

(2) If the authorised legal business or, as the case may be, the licensed provider accepts a proposal under subsection (1)(a), or the Council consider that a proposal under subsection (1)(b) is fair and reasonable in the circumstances, the Council—

(a) must make a direction to that effect, and

(b) may not determine the complaint unless—

(i) the authorised legal business or, as the case may be, licensed provider has failed to comply with the direction made under paragraph (a), or

(ii) the direction is quashed under section 53ZE(2)(e).

(3) Where the Council make a determination upholding a regulatory complaint under section 52A(1) of the 2007 Act or where the Council make a direction under subsection (2)(a), the Council—

(a) must censure the authorised legal business or, as the case may be, the licensed provider,

(b) may—

(i) where the Council consider that a solicitor of the authorised legal business or, as the case may be, the licensed provider does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Council consider appropriate in that respect,

(ii) where the imposition of a fine is permitted under the regulatory scheme of the Council, direct the authorised legal business or, as the case may be, the licensed provider to pay a fine,

(iii) impose conditions on the practising certificate of a solicitor of the authorised legal business or, as the case may be, the licensed provider,

(iv) order that the authorisation of a legal business to provide legal services be subject to such conditions as the Council may direct,

(v) impose any other sanction permitted by the regulatory scheme of the Council.

(4) Where the Council censures an authorised legal business or a licensed provider under subsection (3)(a), the Council may provide that the censure is to have effect for a specified period and, where they do so, must give their reasons for doing so in the report under section 52A(5) of the 2007 Act.

(5) Where the Council have placed conditions on the practising certificate of a solicitor under subsection (3)(b), the Council may provide that the certificate is subject to those conditions for a specified period and, where they do so, must give their reasons for doing so in the report under section 52A(5) of the 2007 Act.

(6) When considering a regulatory complaint, including whether to propose a settlement under subsection (1)(a) or in considering a proposal under subsection (1)(b), the Council may take into account—

(a) any previous determination by them, the Tribunal or the Court upholding a regulatory complaint against the authorised legal business or, as the case may be, the licensed provider,

(b) any previous decision under section 52A(2)(a) of the 2007 Act with respect to a complaint against the authorised legal business or, as the case may be, the licensed provider,

(c) any previous direction made under subsection (2)(a) with respect to a complaint against the authorised legal business or, as the case may be, the licensed provider,

(d) any previous determination of the Commission of a services complaint under section 9(1) of the 2007 Act relating to the same alleged set of circumstances,

but not a determination, decision or direction in respect of which an appeal is pending or which has been quashed ultimately on appeal.

(7) An authorised legal business or a licensed provider may, before the expiry of the period of 21 days beginning with the day on which—

(a) a determination under section 52A(1) of the 2007 Act upholding a regulatory complaint is intimated to them,

(b) a decision under section 52A(2)(b) of that Act to reinstate a discontinued investigation is intimated to them, or

(c) a decision to impose a sanction under subsection (3)(b) is intimated to them,

appeal to the Tribunal against the determination or decision.

(8) A complainer may, before the expiry of 21 days beginning on the day on which—

(a) a determination under section 52A(1) of the 2007 Act not upholding a regulatory complaint is intimated to the complainer,

(b) a decision under section 52A(2)(a) of that Act to discontinue an investigation is intimated to the complainer,

(c) a direction under subsection (2)(a) is intimated to the complainer,

appeal to the Tribunal against the determination or decision.

(9) In this section—

• “complainer” has the same meaning as in section 42ZA,

• “qualifying individual” has the meaning given in section 39(10) of the Regulation of Legal Services (Scotland) Act 2025,

• “regulatory scheme” is to be construed in accordance with Part 1 of the Regulation of Legal Services (Scotland) Act 2025, and

references to provisions of the 2007 Act include references to those provisions as they are applied in relation to licensed providers by Part 2A of the 2007 Act.”.

(4) In section 51 (complaints to Tribunal)—

(a) in subsection (1A), after “includes” insert “—

(a) a regulatory complaint,

(b)” ,

(b) subsection (2) is repealed,

(c) subsection (3) is repealed,

(d) subsection (4) is repealed.

(5) After section 51, insert—

“51A Procedure on making regulatory complaints to Tribunal

(1) The Council must make rules as to the procedure for determining whether or not to make a regulatory complaint to the Tribunal under section 51(1).

(2) Before making any rules under this section, the Council must—

(a) consult the Tribunal,

(b) send to each member of the Society a draft of the rules,

(c) after sending the rules under paragraph (b), submit the draft rules to a meeting of the Society, and

(d) take into consideration any resolution passed at that meeting relating to amendments to the draft rules.

(3) Rules made under this section will not have effect unless the Lord President, after considering any objections the Lord President thinks relevant, has approved the rules so made.”.

(6) In section 52 (procedure on complaints and appeals to Tribunal), in subsection (2)(aa), after “42ZD(1)” insert “, 42E(7) or (8)”.

(7) After section 53ZC, insert—

“53ZD Powers relating to regulatory complaints

(1) Where a regulatory complaint is made to the Tribunal under section 51(1), the Tribunal must determine the complaint.

(2) Where the Tribunal make a determination upholding a regulatory complaint, the Tribunal—

(a) must censure the authorised legal business or, as the case may be, the licensed provider,

(b) may—

(i) where the Tribunal consider that a solicitor of the authorised legal business or, as the case may be, the licensed provider does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Tribunal consider appropriate in that respect,

(ii) where the imposition of a fine is permitted under the regulatory scheme of the Council, impose a fine,

(iii) order that the practising certificate of a solicitor of the authorised legal business or, as the case may be, the licensed provider is to be subject to such conditions as the Tribunal may direct,

(iv) order that the recognition under section 34(1A) of the incorporated practice be revoked,

(v) order that the authorisation of a legal business to provide legal services be withdrawn,

(vi) order that the authorisation of a legal business to provide legal services be subject to such conditions as the Tribunal may direct,

(vii) impose any other sanction permitted by the regulatory scheme of the Council.

(3) Where the Tribunal censures an authorised legal business or a licensed provider under subsection (2)(a), the Tribunal may provide that the censure is to have effect for a specified period and, where they do so, must give their reasons in their decision.

(4) Where the Tribunal orders that the practising certificate of a solicitor is to be subject to conditions under subsection (2)(b)(iii), the Tribunal may direct that the certificate is to be subject to those conditions for a specified period and, where they do so, must give their reasons in their decision.

(5) Where the Tribunal order that the recognition under section 34(1A) of an incorporated practice be revoked, the Tribunal must direct that the order is to take effect on such date as the Tribunal specifies, being a date not earlier than 60 days after its order is intimated to the authorised legal business and such an order is to take effect accordingly.

(6) Where the Tribunal order that the authorisation of a legal business to provide legal services be withdrawn, the Tribunal must direct that the order is to take effect on such date as the Tribunal specifies, being a date not earlier than 60 days after its order is intimated to the authorised legal business and such an order is to take effect accordingly.

(7) Where an appeal against an order mentioned in subsection (5) or (6) is taken to the Court under section 54B, the order continues to have effect pending the determination or abandonment of the appeal unless the Court otherwise directs.

(8) When considering a regulatory complaint, the Tribunal may take into account—

(a) any previous determination by the Council, the Tribunal or the Court upholding a regulatory complaint against the authorised legal business or, as the case may be, the licensed provider,

(b) any previous decision under section 52A(2)(a) of the 2007 Act with respect to a complaint against the authorised legal business or, as the case may be, the licensed provider,

(c) any previous direction made under section 42E(2)(a) with respect to a complaint against the authorised legal business or, as the case may be, the licensed provider,

(d) any previous determination of the Commission of a services complaint under section 9(1) of the 2007 Act relating to the same alleged set of circumstances,

but not a determination, decision or direction in respect of which an appeal is pending or which has been quashed ultimately on appeal.”.

(8) After section 53ZD (as inserted by this Act), insert—

“53ZE Powers of Tribunal on appeal: regulatory complaints

(1) On an appeal to the Tribunal by an authorised legal business or a licensed provider under section 42E(7), the Tribunal may—

(a) confirm the determination upholding a regulatory complaint,

(b) quash the determination upholding a regulatory complaint and the censure accompanying it,

(c) confirm the decision to reinstate a discontinued investigation and direct the Council as to which aspects of the complaint are to be continued,

(d) quash the decision to reinstate a discontinued investigation,

(e) quash, confirm or vary a sanction imposed under section 42E(3)(b),

(f) where the Tribunal consider that a solicitor of the authorised legal business or, as the case may be, the licensed provider does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Tribunal consider appropriate in that respect,

(g) where the imposition of a fine is permitted under the regulatory scheme of the Council, impose a fine,

(h) order that the practising certificate of a solicitor of the authorised legal business or, as the case may be, the licensed provider is to be subject to such conditions as the Tribunal may direct,

(i) order that the recognition under section 34(1A) of the incorporated practice be revoked,

(j) order that the authorisation of a legal business to provide legal services be withdrawn,

(k) order that the authorisation of a legal business to provide legal services be subject to such conditions as the Tribunal may direct,

(l) impose any other sanction permitted by the regulatory scheme of the Council.

(2) On an appeal to the Tribunal by the complainer under section 42E(8), the Tribunal may—

(a) confirm the determination not upholding a regulatory complaint,

(b) quash the determination not upholding a regulatory complaint, make a determination upholding the complaint and censure the authorised legal business or, as the case may be, licensed provider,

(c) confirm the decision to discontinue an investigation,

(d) quash the decision to discontinue an investigation and direct the Council as to which aspects of the complaint are to be continued,

(e) quash or confirm the direction made under section 42E(2)(a),

(f) if it quashes the direction—

(i) must quash any censure and any other associated measures accompanying the direction,

(ii) may direct the Council to carry out their duties under section 52A(1),

(iii) may direct the Council to propose a new settlement under section 42E(1)(a), taking into account any matters specified by the Tribunal,

(iv) may dismiss the complaint,

(g) where the Tribunal consider that a solicitor of the authorised legal business or, as the case may be, the licensed provider does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Tribunal consider appropriate in that respect,

(h) where the imposition of a fine is permitted under the regulatory scheme of the Council, impose a fine,

(i) order that the practising certificate of a solicitor of the authorised legal business or, as the case may be, the licensed provider is to be subject to such conditions as the Tribunal may direct,

(j) order that the recognition under section 34(1A) of the incorporated practice be revoked,

(k) order that the authorisation of a legal business to provide legal services be withdrawn,

(l) order that the authorisation of a legal business to provide legal services be subject to such conditions as the Tribunal may direct,

(m) impose any other sanction permitted by the regulatory scheme of the Council.

(3) Where the Tribunal censures an authorised legal business or a licensed provider under subsection (2)(b), the Tribunal may provide that the censure is to have effect for a specified period and, where they do so, must give their reasons in their decision.

(4) Where the Tribunal orders that the practising certificate of a solicitor is to be subject to conditions under subsection (1)(h) or (2)(i), the Tribunal may direct that the certificate is to be subject to those conditions for a specified period and, where they do so, must give their reasons in their decision.

(5) Where the Tribunal order that the recognition under section 34(1A) of an incorporated practice be revoked, the Tribunal must direct that the order is to take effect on such date as the Tribunal specifies, being a date not earlier than 60 days after its order is intimated to the authorised legal business and such an order is to take effect accordingly.

(6) Where the Tribunal order that the authorisation of a legal business to provide legal services be withdrawn, the Tribunal must direct that the order is to take effect on such date as the Tribunal specifies, being a date not earlier than 60 days after its order is intimated to the authorised legal business and such an order is to take effect accordingly.

(7) Where an appeal against an order mentioned in subsection (5) or (6) is taken to the Court under section 54B, the order continues to have effect pending the determination or abandonment of the appeal unless the Court otherwise directs.

(8) In this section, “complainer” has the same meaning as in section 42ZA.”.

(9) After section 54A, insert—

“54B Appeals from decisions of Tribunal: regulatory complaints

(1) An authorised legal business or a licensed provider in respect of which a decision mentioned in subsection (2) has been made may, before the expiry of the period of 21 days beginning with the day on which the decision is intimated to them, appeal to the Court against the decision.

(2) The decision is—

(a) a decision under section 53ZD(1) upholding a regulatory complaint,

(b) a decision to impose a sanction under section 53ZD(2)(b),

(c) a decision under section 53ZE(1)(a) confirming the determination upholding a regulatory complaint,

(d) a decision under section 53ZE(2)(b) quashing the determination not upholding the regulatory complaint, making a determination upholding the complaint and censuring the authorised legal business or licensed provider,

(e) a decision under section 53ZE(1)(c) reinstating a discontinued investigation and directing the Council as to which aspects of the complaint are to be continued,

(f) a decision under section 53ZE(2)(d) quashing the decision to discontinue an investigation and directing the Council as to which aspects of the complaint are to be continued,

(g) a decision under section 53ZE(1)(e) to quash, confirm or vary a sanction,

(h) a decision to impose a sanction under section 53ZE(1)(f) to (l) or (2)(g) to (m).

(3) The Council may, before the expiry of the period of 21 days beginning with the day on which a decision mentioned in subsection (4) is intimated to them, appeal to the Court against the decision.

(4) The decision is—

(a) a decision under section 53ZD(1) not upholding a regulatory complaint,

(b) a decision under section 53ZE(1)(b) quashing the determination upholding a regulatory complaint and the censure accompanying it,

(c) a decision under section 53ZE(2)(a) confirming the determination not upholding a regulatory complaint,

(d) a decision under section 53ZE(1)(d) quashing the decision to reinstate a discontinued investigation,

(e) a decision under section 53ZE(2)(c) confirming the decision to discontinue an investigation,

(f) a decision under section 53ZE(1)(e) to quash, confirm or vary a sanction,

(g) a decision to impose a sanction under section 53ZE(1)(f) to (l) or (2)(g) to (m).

(5) Section 43 of the Regulation of Legal Services (Scotland) Act 2025 does not apply to an appeal under this section.”.

(10) After section 55A, insert—

“55B Powers of Court: regulatory complaints

(1) In the case of an appeal under section 54B(1), the Court may—

(a) confirm the determination upholding a regulatory complaint,

(b) quash the determination upholding a regulatory complaint and the censure accompanying it,

(c) confirm the decision to reinstate a discontinued investigation and direct the Council as to which aspects of the complaint are to be continued,

(d) quash the decision to reinstate a discontinued investigation,

(e) quash, confirm or vary a sanction,

(f) where the Court considers that a solicitor of the authorised legal business or, as the case may be, the licensed provider does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor or qualifying individual to undertake such education or training as regards the law or legal practice as the Court considers appropriate in that respect,

(g) where the imposition of a fine is permitted under the regulatory scheme of the Council, impose a fine,

(h) order that the practising certificate of a solicitor of the authorised legal business or, as the case may be, the licensed provider is to be subject to such conditions as the Court may direct,

(i) order that the recognition under section 34(1A) of the incorporated practice be revoked,

(j) order that the authorisation of the legal business to provide legal services be withdrawn,

(k) order that the authorisation of the legal business to provide legal services be subject to such conditions as the Court may direct,

(l) impose any other sanction permitted by the regulatory scheme of the Council.

(2) In the case of an appeal under section 54B(3), the Court may—

(a) confirm the determination not upholding a regulatory complaint,

(b) quash the determination not upholding a regulatory complaint, make a determination upholding the complaint and censure the authorised legal business,

(c) confirm the decision to discontinue an investigation,

(d) quash the decision to discontinue an investigation and direct the Council as to which aspects of the complaint are to be continued,

(e) quash, confirm or vary a sanction,

(f) where the Court considers that a solicitor of the authorised legal business or, as the case may be, the licensed provider does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Court considers appropriate in that respect,

(g) where the imposition of a fine is permitted under the regulatory scheme of the Council, impose a fine,

(h) order that the practising certificate of a solicitor of an authorised legal business or, as the case may be, the licensed provider is to be subject to such conditions as the Court may direct,

(i) order that the recognition under section 34(1A) of the incorporated practice be revoked,

(j) order that the authorisation of a legal business to provide legal services be withdrawn,

(k) order that the authorisation of a legal business to provide legal services be subject to such conditions as the Court may direct,

(l) impose any other sanction permitted by the regulatory scheme of the Council.

(3) Where the Court censures an authorised legal business or a licensed provider under subsection (2)(b), the Court may provide that the censure is to have effect for a specified period and, where it does so, must give its reasons.

(4) Where the Court orders that the practising certificate of a solicitor is to be subject to conditions under subsection (1)(h) or (2)(h), the Court may direct that the certificate is to be subject to those conditions for a specified period and, where they do so, must give its reasons.

(5) A decision of the Court under this section is final.

(6) The Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses.”.

(11) After section 62A (Council’s power to recover expenses), insert—

“62B Power to amend application of regulatory complaints provisions to licensed providers

(1) The Scottish Ministers may by regulations amend sections 42E, 53ZE, 54B and 55B—

(a) to disapply those sections to licensed providers,

(b) where the power in paragraph (a) has been exercised, to reapply those sections to licensed providers.

(2) Regulations under subsection (1) may include incidental, supplementary, consequential, transitional, transitory or saving provision.

(3) Regulations under subsection (1) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).”.

(12) In section 65 (interpretation), at the appropriate place insert—

• ““regulatory complaint” is to be construed in accordance with Part 1 of the 2007 Act (and, in the case of a regulatory complaint about a licensed provider, is to be construed in accordance with that Part as applied by Part 2A of that Act),”.

(13) In schedule 4—

(a) after paragraph 9, insert—

“9A (1) Subject to Part 4, the Tribunal may dismiss a regulatory complaint against an authorised legal business—

(a) without requiring the authorised legal business to answer the allegations made against it or without holding any enquiry if sub-paragraph (2) applies, or

(b) without hearing parties if the Tribunal are of the opinion upon consideration of the complaint and other documents that they disclose no case of failure on the part of the authorised legal business to comply with—

(i) the practice rules forming part of the rules for authorising and regulating the legal business made under (or for the purposes of) section 41(1)(a) of the Regulation of Legal Services (Scotland) Act 2025, or

(ii) the terms on which its authorisation is granted including any conditions or restrictions imposed in relation to the authorisation.

(2) This sub-paragraph applies if—

(a) the Tribunal are of the opinion that the complaint discloses no prima facie case of failure on the part of the authorised legal business to comply with—

(i) the practice rules forming part of the rules for authorising and regulating the legal business made under (or for the purposes of) section 41(1)(a) of the Regulation of Legal Services (Scotland) Act 2025, or

(ii) the terms on which its authorisation is granted including any conditions or restrictions imposed in relation to the authorisation, or

(b) the complainer fails to comply with any rule made under section 52.

9B (1) Subject to Part 4, the Tribunal may dismiss a regulatory complaint against a licensed provider—

(a) without requiring the licensed provider to answer the allegations made against it or without holding any enquiry if sub-paragraph (2) applies,

(b) without hearing parties if the Tribunal are of the opinion upon consideration of the complaint and other documents that they disclose no case of failure on the part of the licensed provider to—

(i) have regard to the regulatory objectives (as described in section 2 of the Regulation of Legal Services (Scotland) Act 2025 (and construed in accordance with section 3 of that Act)),

(ii) adhere to the professional principles (as described in section 4(1) of that Act),

(iii) comply with the regulatory scheme of the Council, or

(iv) comply with the terms and conditions of its licence.

(2) This sub-paragraph applies if—

(a) the Tribunal are of the opinion that the complaint discloses no prima facie case of failure on the part of the licensed provider to—

(i) have regard to the regulatory objectives (as described in section 2 of the Regulation of Legal Services (Scotland) Act 2025 (and construed in accordance with section 3 of that Act)),

(ii) adhere to the professional principles (as described in section 4(1) of that Act),

(iii) comply with the regulatory scheme of the Council, or

(iv) comply with the terms and conditions of its licence, or

(b) the complainer fails to comply with any rule made under section 52.”,

(b) in paragraph 23, in the opening words, after “section 42ZD(1)” insert “, section 42E(7) or (8)”.

Procedure relating to complaints

11 After section 42C (powers to examine documents and demand explanations in connection with complaints) of the 1980 Act insert—

“42D Procedure relating to complaints

(1) The Council must make rules as to the procedure for—

(a) making a decision under section 47(1A)(a) of the 2007 Act to discontinue an investigation of a conduct complaint,

(b) making a decision under section 47(1A)(b) of that Act to reinstate a discontinued investigation of a conduct complaint,

(c) making a proposed settlement under section 42ZA(1A) or 42E(1),

(d) accepting a proposed settlement under section 42ZA(1B) or 42E(2),

(e) making a decision under section 52A(2)(a) of the 2007 Act to discontinue an investigation of a regulatory complaint,

(f) making a decision under section 52A(2)(b) of that Act to reinstate a discontinued investigation of a regulatory complaint.

(2) Before making any rules under this section, the Council must—

(a) send to each member of the Society a draft of the rules,

(b) after sending the rules under paragraph (a), submit the draft rules to a meeting of the Society, and

(c) take into consideration any resolution passed at that meeting relating to amendments to the draft rules.

(3) Rules made under this section will not have effect unless the Lord President, after considering any objections the Lord President thinks relevant, has approved the rules so made.”.

Publication of decisions

12 (1) Schedule 4 of the 1980 Act (constitution, procedure and powers of Tribunal) is amended as follows.

(2) In paragraph 14, the words “and shall, subject to paragraph 14A, be published in full” are repealed.

(3) After paragraph 14, insert—

“14ZA The Tribunal must publish—

(a) a decision under section 53(1)(a) as respects a conduct complaint suggesting professional misconduct,

(b) a decision under section 53ZB(1) or (2) where the determination or direction being appealed against has been published by the Council,

(c) a decision under section 53ZD(1),

(d) a decision under section 53ZE(1) or (2) where the determination or decision being appealed against has been published by the Council.

14ZB The Tribunal may publish any other decision of the Tribunal.”.

(4) For paragraph 14A substitute—

“14A In publishing a decision under paragraph 14ZA or 14ZB, the Tribunal must not publish any information that identifies or is likely to identity any person to whom the complaint relates, other than the solicitor against whom the complaint was made, unless—

(a) the Tribunal considers that it is in the public interest to do so, and

(b) the person consents to the publication of the information.”.

Other modifications

13 (1) The 1980 Act is amended as follows.

(2) In section 34 (rules as to professional practice, conduct and discipline), after subsection (1D) insert—

“(1E) Before making any rules under this section in pursuance of the Society’s functions under the 2007 Act relating to complaints against members of the Society or authorised legal businesses, the Council must consult the Commission.”.

(3) In section 39A (powers where excessive fees etc. charged), in subsection (10), paragraph (b), for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or treated as having been remitted to them under that section by virtue of section 33A(2) of that Act)”.

(4) In section 40 (power where failure to comply with accounts rules etc.), in subsection (5), in paragraph (b), for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or treated as having been remitted to them under that section by virtue of section 33A(2) of that Act)”.

Part 3 Modification of other enactments in relation to complaints

Legal Aid (Scotland) Act 1986

14 In section 34 of the Legal Aid (Scotland) Act 1986 (confidentiality of information), in subsection (2)(b), the words “or 15(5)(a)” are repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

15 (1) The 1990 Act is amended as follows.

(2) In section 17 (conveyancing practitioners), subsection (8)(d) is repealed.

(3) In section 20 (professional misconduct etc.)—

(a) in subsection (1), in the opening words, for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or treated as having been so remitted by virtue of section 33A(2) of that Act)”,

(b) subsection (2)(ca) is repealed,

(c) subsection (2ZB) is repealed,

(d) subsection (2B)(aa) is repealed,

(e) for subsection (4) substitute—

“(4) Any fine imposed under subsection (2)(cb) or (2B)(b) is payable to the Scottish Ministers.”,

(f) subsection (6) is repealed,

(g) subsection (7) is repealed,

(h) subsections (11ZA) to (11ZC) are repealed,

(i) subsections (11B) to (11E) are repealed,

(j) subsection (11G) is repealed,

(k) subsection (11H) is repealed.

(4) Section 20ZA (remission of complaint by Tribunal to Council) is repealed.

(5) In section 20ZB (unsatisfactory professional conduct)—

(a) in subsection (1), in the opening words—

(i) for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or is treated as having been so remitted by virtue of section 33A(2) of that Act)”,

(ii) after “must” insert “(subject to section 47(1A) of the 2007 Act and subsections (1A) and (1B))”,

(b) after subsection (1), insert—

“(1A) The Council may propose a settlement in respect of the complaint which they consider is fair and reasonable in the circumstances to the practitioner and the complainer and, if the practitioner accepts the proposal, the Council—

(a) must make a direction to that effect, and

(b) may not determine the complaint under subsection (1) unless—

(i) the practitioner has failed to comply with the direction under paragraph (a), or

(ii) the direction is quashed under section 20B(2)(f).

(1B) The practitioner may propose a settlement to the Council and the complainer, and if the Council considers the proposed settlement is fair and reasonable in the circumstances the Council—

(a) must make a direction to that effect, and

(b) may not determine the complaint under subsection (1) unless—

(i) the practitioner has failed to comply with the direction under paragraph (a), or

(ii) the direction is quashed under section 20B(2)(f).”,

(c) subsection (2) is repealed,

(d) in subsection (3), in the opening words—

(i) the words “or (2)” are repealed,

(ii) after “complaint” insert “or where the Council make a direction under subsection (1A)(a) or (1B)(a)”,

(e) after subsection (3), insert—

“(3A) Where the Council censures a practitioner under subsection (3), the Council may provide that the censure is to have effect for a specified period and must give their reasons for doing so when making an intimation under subsection (8).”,

(f) subsection (4)(c) is repealed,

(g) in subsection (5)—

(i) after “complaint” where it first occurs insert “(including whether to make a proposed settlement under subsection (1A) or accept a proposed settlement made under subsection (1B))”,

(ii) after “of” where it first occurs insert “—

(a)”,

(iii) for “(but not a complaint in respect of which an appeal is pending or which has been quashed ultimately on appeal).” substitute ,

(b) any previous decision made under section 47(1A)(a) of the 2007 Act with respect to a complaint against the practitioner,

(c) any previous direction made under subsection (1A)(a) or (1B)(a) with respect to a complaint against the practitioner,

(d) any previous determination of the Commission of a services complaint under section 9(1) of the 2007 Act relating to the same alleged set of circumstances,

but not a determination, decision or direction in respect of which an appeal is pending or which has been quashed ultimately on appeal.”,

(h) for subsection (7) substitute—

“(7) Any fine imposed under subsection (4)(b) is payable to the Scottish Ministers.”,

(i) in subsection (8)—

(i) in paragraph (a), the words “or (2)” are repealed,

(ii) in paragraph (c), after “subsection” insert “(1A)(a), (1B)(a) or”,

(iii) in the closing words, after “practitioner” insert “, and to the Commission and any other relevant party,”,

(iv) in the closing words, after “determination” where it second occurs insert “or the direction under subsection (1A)(a) or (1B)(a)”,

(j) after subsection (8) insert—

“(8A) An intimation made under subsection (8) must—

(a) be sent as soon as practicable after the determination or direction under subsection (1A)(a) or (1B)(a) has been made,

(b) include information about any right of appeal or ability to make a handling complaint by virtue of section 23 of the 2007 Act.”,

(k) in subsection (9)—

(i) in the opening words, for “or (2),” substitute “, a decision to reinstate a discontinued investigation has been made under section 47(1A)(b) of the 2007 Act,”,

(ii) in the opening words, for “determination or” substitute “determination, decision or”,

(iii) after paragraph (a) insert—

“(aa) decision,”,

(l) in subsection (10)—

(i) after “which” insert “—

(a)”,

(ii) the words “or (2)” are repealed,

(iii) for “him, appeal to the Tribunal against the determination.” substitute the complainer,

(b) a decision under subsection 47(1A)(a) of the 2007 Act to discontinue an investigation is intimated to the complainer, or

(c) a direction under subsection (1A)(a) or (1B)(a) is intimated to the complainer,

appeal to the Tribunal against the determination, decision or direction.”,

(m) subsection (11) is repealed,

(n) subsection (12) is repealed,

(o) subsection (13)(b) is repealed,

(p) subsection (14)(b) is repealed.

(6) In section 20ZC—

(a) in subsection (1), for “20ZB(4)” substitute “20ZB(1A)(a), (1B)(a) or (4)”,

(b) in subsection (2)—

(i) for “(12)” substitute “(10)”,

(ii) for “20ZB(4)” substitute “20ZB(1A)(a), (1B)(a) or (4)”,

(c) the title to the section becomes “Unsatisfactory professional conduct: Council’s powers to monitor compliance with direction under section 20ZB”.

(7) After section 20ZE, insert—

“20ZF Application of procedure relating to complaints

(1) The rules made by the Council under section 42D(1)(a) and (b) of the 1980 Act about the procedure for the making of a decision under section 47(1A) of the 2007 Act apply to such decisions made in relation to a complaint against a practitioner.

(2) The rules made by the Council under section 42D(1)(c) and (d) of the 1980 Act about the procedure for making and accepting a proposed settlement under section 42ZA(1A) and (1B) of that Act apply to the making and accepting of a proposed settlement under section 20ZB(1A) and (1B).”.

(8) In section 20B (unsatisfactory professional conduct: powers of Tribunal on appeal)—

(a) in subsection (1)—

(i) paragraph (f) is repealed,

(ii) after paragraph (f) insert—

“(g) may quash or confirm the decision being appealed against,

(h) if it confirms the decision, may direct the Council as to which aspects of the complaint should be continued.”,

(b) in subsection (2)—

(i) paragraph (b) is repealed,

(ii) after paragraph (c), insert—

“(d) may quash or confirm the decision being appealed against,

(e) if it quashes the decision, may direct the Council as to which aspects of the complaint should be continued,

(f) may quash or confirm the direction being appealed against,

(g) if it quashes the direction—

(i) must quash any censure and any other associated measures accompanying the direction,

(ii) may direct the Council to carry out their duties under section 20ZB(1),

(iii) may direct the Council to propose a new settlement under section 20ZB(1A), taking into account any matters specified by the Tribunal,

(iv) may dismiss the complaint.”,

(c) subsection (3) is repealed,

(d) subsection (4) is repealed,

(e) for subsection (6) substitute—

“(6) Any fine imposed under subsection (1)(e) is payable to the Scottish Ministers.”,

(f) subsection (8)(b) is repealed,

(g) subsection (9)(b) is repealed.

(9) In section 20D (unsatisfactory professional conduct: appeal from decisions of Tribunal), in subsection (3)—

(a) paragraphs (b) to (d) are repealed,

(b) paragraph (f) is repealed,

(c) paragraph (g) is repealed,

(d) after paragraph (g), insert—

“(h) a decision under subsection (2)(d) to quash or confirm a decision made under section 47(1A)(a) of the 2007 Act.”.

(10) In section 20E (unsatisfactory professional conduct: powers of court on appeal)—

(a) subsection (1)(b) is repealed,

(b) subsection (3)(b) is repealed,

(c) subsection (4)(b) is repealed.

(11) In section 21B (procedures of the Tribunal etc.), in subsection (2)—

(a) “15” substitute “15A, 16A”,

(b) for “, (10), (11) or (12)” substitute “or (10)”.

Legal Profession and Legal Aid (Scotland) Act 2007

16 (1) The 2007 Act is amended as follows.

(2) In section 2 (receipt of complaints: preliminary steps)—

(a) in subsection (1)(a)(i), for “other than a firm of solicitors or an incorporated practice” substitute “who is an individual”,

(b) in subsection (3), for the words from “the”, where it first occurs, to “further” substitute “any”.

(3) In section 3 (existence of specified regulatory scheme)—

(a) in subsection (1), after “2(1)” insert “or 2A(1)”,

(b) in subsection (2), in the opening words, the words “in writing” are repealed,

(c) in subsection (4), the words “taking the preliminary steps referred to in section 2(4) and” are repealed.

(4) In section 8 (services complaint: local resolution or mediation)—

(a) in subsection (2), the words “, by notice in writing to the complainer and the practitioner” are repealed,

(b) in subsection (3), the words “, by notice in writing,” are repealed,

(c) in subsection (4), the words “, by notice in writing to the complainer and the practitioner,” are repealed,

(d) in subsection (6), the words from “; and,” to the end of the subsection are repealed.

(5) In section 9 (services complaint: Commission’s duty to investigate and determine)—

(a) in subsection (1)—

(i) in paragraph (d), the words “under section 2(1A)(a)” are repealed,

(ii) in paragraph (d), at the end insert “(in whole or in part)”,

(iii) in the closing words, the words “and section 15(2) and (5)” are repealed,

(iv) in the closing words, after “complaint” insert “(or the part of the complaint constituting a services complaint)”,

(v) in the closing words, for “(4)” substitute “(7)”,

(b) subsection (1B) is repealed.

(6) In section 16 (power to monitor compliance with directions under section 10(2))—

(a) in subsection (1), the words “in writing” are repealed,

(b) in subsection (2)—

(i) for “an appeal” substitute “a review”,

(ii) for “section 21(1)” substitute “section 20A”,

(iii) for “the appeal” substitute “the review”.

(7) In section 17 (power to examine documents and demand explanations in connection with conduct or services complaints)—

(a) in subsection (1)—

(i) after “2,” insert “2A,”,

(ii) for “15 or 16” substitute “16, 23 or 24 or any provision in rules made under section 32(1) (but only in so far as the provision in the rules relates to the categorisation of complaints)”,

(iii) the words “in writing” are repealed,

(b) in subsection (3)(b), for “incorporated practice of which the practice” substitute “authorised legal business of which the business”,

(c) in subsection (4)—

(i) after “2,” insert “2A,”,

(ii) for “or 15, it may give notice in writing” substitute “, 23 or 24 or any provision in rules made under section 32(1), it may give notice”.

(8) In section 23 (handling by relevant professional organisations of conduct complaints: investigation by Commission), in subsection (5), in paragraph (a), the words “the handling complaint is that” are repealed.

(9) In section 24 (investigation under section 23: final report and recommendations), in subsection (5), the words “, in writing,” are repealed.

(10) In section 33 (duty of relevant professional organisations to forward complaints to Commission), in subsection (1)(b), the words “or 15(5)(a)” are repealed.

(11) In section 34 (Commission’s duty to provide advice)—

(a) in subsection (1), the words “services complaint or a handling” are repealed,

(b) in subsection (2), for “a firm of solicitors or an incorporated practice” substitute “not an individual”.

(12) In section 37 (obtaining of information from relevant professional organisations), in subsection (2), for “or 15(5)(a)” substitute “(or treated as having been remitted to it under that section by virtue of section 33A(2))”.

(13) In section 42 (reports: privilege)—

(a) the title of the section becomes “Disclosure of information by Commission: privilege”,

(b) for “publication of any report” insert “disclosure of any information by the Commission”,

(c) the words “13(1), 23(8),” are repealed,

(d) after “36(2)” insert “, 41A”,

(e) for “publication” where it second occurs substitute “disclosure”.

(14) In section 43(2) (restriction upon disclosure of information: Commission), in paragraph (a), after “services complaint” insert “, regulatory complaint”.

(15) In section 46(1) (interpretation of Part 1)—

(a) after the definition of “annual general levy” insert—

• ““authorised legal business” is a legal business (within the meaning of section 39(2) of the 2025 Act) that is authorised to provide legal services by a category 1 regulator,

• “category 1 regulator” means a body that regulates the provision of legal services and which has been assigned as a category 1 regulator in or under section 7 of the 2025 Act,

• “category 2 regulator” means a body that regulates the provision of legal services and which has been assigned as or deemed a category 2 regulator in or under section 7 of the 2025 Act,”,

(b) in the definition of “employing practitioner” for “section 4(4)(a)” substitute “section 2(1ZB)”,

(c) in the definition of “inadequate professional services”, in paragraph (a), for sub-paragraphs (iii) and (iv) substitute—

“(iii)

an authorised legal business, professional services which are in any respect not of the quality which could reasonably be expected of a competent authorised legal business,

(iv)

a person exercising a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the 2025 Act (or section 27 of the 1990 Act), professional services which are in any respect not of the quality which could reasonably be expected of a competent person exercising such a right,”,

(d) after the definition of “incorporated practice” insert—

• ““legal services” has the meaning given by section 5 of the 2025 Act,”,

(e) in the definition of “practitioner” for paragraph (d), substitute—

“(d)

an authorised legal business, whether or not since that time there has been any change in the persons exercising the management and control of the business, the business has ceased to be authorised to provide legal services by a category 1 regulator or the business has ceased to operate;”,

(f) paragraph (e) is repealed,

(g) for paragraph (f) substitute—

“(f)

a person exercising a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the 2025 Act (or section 27 of the 1990 Act) and includes any such person, whether or not the person had acquired the right at that time and notwithstanding that subsequent to that time the person no longer has the right,”,

(h) after the definition of “practitioner”, insert—

• ““professional services” includes legal services,”,

(i) after the definition of “registered European or foreign lawyer” insert—

• ““regulatory complaint”—

  (a)

  in relation to an authorised legal business, has the meaning given by section 2(1)(c),

  (b)

  in relation to a licensed legal services provider (within the meaning of section 47 of the Legal Services (Scotland) Act 2010), has the meaning given by section 57A(4A)(a),”,

(j) for the definition of “relevant professional organisation” substitute—

• ““relevant professional organisation” means, in relation to a complaint as respects a practitioner who is regulated by—

  (a)

  a category 1 regulator, that category 1 regulator,

  (b)

  a category 2 regulator, that category 2 regulator,”,

(k) in the definition of “unsatisfactory professional conduct”, in paragraph (c), for “conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act” substitute “provide legal services acquired by virtue of Chapter 3 of Part 1 of the 2025 Act (or section 27 of the 1990 Act)”.

(16) In Part 2, the title of the Part becomes “CONDUCT, SERVICES AND REGULATORY COMPLAINTS ETC.: OTHER MATTERS”.

(17) In section 47 (conduct complaints: duty of relevant professional organisations to investigate etc.)—

(a) in subsection (1)—

(i) for “or 15(5)(a)” substitute “(or treated as having been remitted to it under that section by virtue of section 33A(2))”,

(ii) for “section 15(1) and (6)” substitute “section 33(4) and any rules made under section 32(1)”,

(b) in subsection (4), for “52” substitute “52A”.

(18) In section 48 (conduct complaints and reviews: power of relevant professional organisations to examine documents and demand explanations), in subsection (1), in the opening words—

(a) after “section 47” insert “or a regulatory complaint under section 52A,”,

(b) for “a conduct”, where it second occurs, substitute “such a”.

(19) The title of section 48 becomes “Conduct complaints, regulatory complaints and reviews: power of relevant professional organisations to examine documents and demand explanations”.

(20) In section 49 (conduct complaints: financial impropriety), in subsection (1), after “section 47” insert “or a regulatory complaint under section 52A”.

(21) The title of section 49 becomes “Conduct complaints and regulatory complaints: financial impropriety”.

(22) In section 51 (powers in relation to documents and information from third parties), in subsection (1)—

(a) after “section 47” insert “or a regulatory complaint under section 52A,”,

(b) for “a conduct”, where it second occurs, substitute “such a”.

(23) After section 51, insert—

“51B Disclosure of information by relevant professional organisation: privilege

For the purposes of the law of defamation, disclosure of any information by a relevant professional organisation under section 51A is privileged unless the disclosure is proved to be made with malice.”.

(24) In section 52 (restriction upon disclosure of information: relevant professional organisations), in subsection (2)(a), after “complaint” insert “or a regulatory complaint”.

(25) In section 57A (complaints about licensed providers)—

(a) in subsection (2), for the words “and (4)” substitute “to (4A)”,

(b) in subsection (4), paragraph (b) is repealed,

(c) after subsection (4) insert—

“(4A) In relation to a regulatory complaint about a licensed provider—

(a) a regulatory complaint is where any person suggests that the licensed provider is failing (or has failed) to—

(i) have regard to the regulatory objectives,

(ii) adhere to the professional principles,

(iii) comply with the approved regulator’s regulatory scheme,

(iv) comply with the terms and conditions of its licence, and

(b) its approved regulator is to be regarded as the relevant professional organisation.”,

(d) subsection (5) is repealed.

(26) Section 57B (regulatory complaints) is repealed.

(27) In section 57C (levy, advice and guidance)—

(a) in subsection (2), after the words “28(1)” insert “to the extent it relates to the annual general levy and the complaints levy”,

(b) subsections (4) and (5) are repealed,

(c) the title of the section becomes “Levy”.

(28) In section 57E (handling complaints), in subsection (1), after “conduct complaint” insert “or a regulatory complaint”.

(29) In section 78 (ancillary provision), in subsection (1), for “of” where it second occurs substitute “made under”.

(30) In section 79 (regulations or orders), in subsection (3)(b), after “section” insert “28A(3) or”.

(31) In section 80 (interpretation), after the definition of “the 1990 Act” insert—

• ““the 2025 Act” means the Regulation of Legal Services (Scotland) Act 2025.”.

(32) In schedule 1, paragraph 2 (membership of the Commission), for sub-paragraph (6)(d) substitute—

“(d) persons exercising a right to provide legal services acquired by virtue of Chapter 3 of Part 1 of the 2025 Act (or section 27 of the 1990 Act).”.

(33) In schedule 4—

(a) after paragraph 1(b), insert—

“(c) under section 48A(2) to any person having possession or control of any documents mentioned in subsection (9) of that section,”,

(b) after paragraph 2(b), insert—

“(c) in the case mentioned in paragraph 1(c), without delay serve on the practitioner in respect of whom the relevant professional organisation is considering initiating the potential complaint mentioned in section 48A(1), and any other person to whom the notice was given,”,

(c) the title to the schedule becomes “FURTHER POWERS OF RELEVANT PROFESSIONAL ORGANISATIONS UNDER SECTIONS 48 AND 48A”.

Legal Services (Scotland) Act 2010

17 (1) The 2010 Act is amended as follows.

(2) In section 19 (financial sanctions)—

(a) in subsection (1)—

(i) the words from “the” to the end of the subsection become paragraph (a),

(ii) after that paragraph, insert—

“(b) the withdrawal of the imposition of a financial penalty if the regulator considers that it would not be reasonable to seek (or to continue to seek) payment of the financial penalty.”,

(b) for subsection (2) substitute—

“(2) The Scottish Ministers may by regulations specify the maximum amount of a financial penalty that may be imposed by virtue of subsection (1).”,

(c) after subsection (5) insert—

“(6) Before making regulations under subsection (2), the Scottish Ministers must consult—

(a) each approved regulator, and

(b) such other person or body as the Scottish Ministers consider appropriate.

(7) Regulations under subsection (2) may not be made without the agreement of the Lord President.”.

(3) In section 38 (measures open to Ministers), in subsection (6), the words “except paragraph (d)” are repealed.

(4) In section 121 (professional rules), after subsection (3) insert—

“(3A) Before making any rule which relates to complaints against advocates, the Faculty must consult the Scottish Legal Complaints Commission.”.

(5) In schedule 4 (financial penalties), paragraphs 8 to 10 are repealed.

Part 4 Miscellaneous modifications of the 1980 Act etc.

The roll and other registers

18 (1) The 1980 Act is amended as follows.

(2) In section 7 (keeping the roll)—

(a) in subsection (1), the words “at the office of their secretary” are repealed,

(b) for subsection (3) substitute—

“(3) The roll must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(3) In section 8 (entry in the roll), for subsection (2) substitute—

“(2) Any solicitor whose name is entered on the roll (in this Act referred to as “an enrolled solicitor”) must—

(a) on enrolment, inform the Council of—

(i) the address of the solicitor’s place of business, and

(ii) any other information the Council consider necessary for the purpose of maintaining the roll, and

(b) inform the Council of any change to the information required under paragraph (a) within 28 days of the change.”.

(4) In section 12A (keeping the register)—

(a) in subsection (1), the words “, and shall keep the register at the office of their secretary” are repealed,

(b) for subsection (3) substitute—

“(3) The register must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(5) In section 12B (information to be provided by registered European lawyers), for subsection (1) substitute—

“(1) Any registered European lawyer must—

(a) on registration, inform the Council of—

(i) the address of the registered European lawyer’s place of business,

(ii) the registered European lawyer’s home professional title, and

(iii) the name and address of the competent authority with which the registered European lawyer is registered in the registered European lawyer’s home state, and

(b) inform the Council of any change to the information required under paragraph (a) within 28 days of the change.”.

(6) In section 12C (removal of name from register on request)—

(a) in subsection (1), for “solicitor” substitute “registered European lawyer”,

(b) in subsection (2)(a), for “solicitor”, in both places it occurs, substitute “registered European lawyer”.

(7) In section 13 (applications for practising certificates), for subsection (2) substitute—

“(2) The register must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(8) In section 24A (applications for registration certificates), for subsection (2) substitute—

“(2) The register referred to in subsection (1)(c) must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

(9) In section 60A (registered foreign lawyers)—

(a) for subsection (4A) substitute—

“(4A) The register of foreign lawyers must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”,

(b) in subsection (4B), after “hand” insert “and the Council are satisfied that it is otherwise appropriate to do so”.

(10) In schedule 2 (the roll: powers of the Council and ancillary provisions)—

(a) in paragraph 1(b)—

(i) for “send to any solicitor at his address as shown in the roll a letter enquiring” substitute “contact any solicitor to enquire”,

(ii) for “6 months” substitute “8 weeks”,

(iii) for “of the posting of the letter” substitute “the enquiry is made”,

(b) for paragraph 1(c) substitute—

“(c) where—

(i) a solicitor on the roll has been so enrolled based on an undertaking to complete any remaining period of training or to meet any other requirements that the solicitor is required to meet in pursuance of regulations under section 5, and

(ii) the Council are not satisfied that the solicitor has fulfilled that undertaking—

(A) within the period of 6 months beginning with the last day of service of the training contract which the solicitor entered into in accordance with those regulations, or

(B) immediately following the termination of such a training contract,

to contact the solicitor to enquire whether the solicitor intends to fulfil the undertaking and intimating that, unless a reply which the Council regard as satisfactory is received within the period of 8 weeks beginning with the day on which the enquiry is made, the solicitor’s name may be removed from the roll, and”,

(c) in paragraph 1(d)—

(i) for “a letter has been so sent” substitute “an enquiry has been made”,

(ii) for “a letter sent” substitute “an enquiry made”.

(11) In schedule 4 (constitution, procedure and powers of Tribunal)—

(a) in paragraph 18, for the words from “shall” to the end of the paragraph substitute “must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”,

(b) in paragraph 18A, for the words from “open” to the end of the paragraph substitute “accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”.

19 (1) The 1990 Act is amended as follows.

(2) In section 17 (conveyancing practitioners)—

(a) in subsection (1), for the words from “shall” to the end of the subsection substitute “must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”,

(b) after subsection (9) insert—

“(9A) On application to the Council from a conveyancing practitioner whose name has been removed from the register under subsection (9), the Council may, after such inquiry as they think proper, restore the name of that conveyancing practitioner to the register.

(9B) Rules made by the Tribunal under section 52 of the 1980 Act may—

(a) regulate the making, hearing and determining of applications under subsection (9A),

(b) provide for payment by the applicant to the Council of such fee in respect of restoration to the register as the rules may specify.”.

(3) In section 18 (executry practitioners)—

(a) in subsection (1), for the words from “shall” to the end of the subsection substitute “must be accessible to, and searchable by, the public, free of charge, by such electronic means as the Council consider appropriate.”,

(b) after subsection (8) insert—

“(8A) On application to the Council from an executry practitioner whose name has been removed from the register under subsection (9), the Council may, after such inquiry as they think proper, restore the name of that executry practitioner, to the register.

(8B) Rules made by the Tribunal under section 52 of the 1980 Act may—

(a) regulate the making, hearing and determining of applications under subsection (8A),

(b) provide for payment by the applicant to the Council of such fee in respect of restoration to the register as the rules may specify.”.

Restoration of name to roll: appeals

20 (1) The 1980 Act is amended as follows.

(2) In section 10 (restoration of name to roll on request)—

(a) after subsection (1ZA), insert—

“(1ZB) Where under subsection (1) or (1ZA) the Tribunal decides not to restore a solicitor’s name to the roll, the solicitor may appeal the decision to the Court.

(1ZC) An appeal under subsection (1ZB) must be made before the expiry of the period of 21 days beginning with the day on which the Tribunal’s decision is intimated to the solicitor.

(1ZD) On an appeal under subsection (1ZB), the Court may give such directions in the matter as it thinks fit, including directions as to the expenses of the proceedings before the Court and as to any order by the Tribunal relating to expenses.

(1ZE) A decision of the Court under subsection (1ZD) is final.”,

(b) after subsection (1A), insert—

“(1B) Where under subsection (1A) the Council decides not to restore a solicitor’s name, or annotation against a solicitor’s name, to the roll, the solicitor may appeal the decision to the Tribunal.

(1C) An appeal under subsection (1B) must be made before the expiry of the period of 21 days beginning with the day on which the Council’s decision is intimated to the solicitor.

(1D) On an appeal to the Tribunal under subsection (1B), the Tribunal may—

(a) restore the solicitor’s name, or annotation against the solicitor’s name, to the roll, or

(b) confirm the Council’s decision.”.

(3) In schedule 4 (constitution, procedure and powers of Tribunal)—

(a) in paragraph 23, in the opening words, after “appeal to the Tribunal under section” insert “10(1B), 12D(2A),”,

(b) in paragraph 25, at the beginning, insert “Subject to paragraph 26,”,

(c) after paragraph 25 insert—

“26 In an appeal to the Tribunal under section 10(1B), the Tribunal must—

(a) give notice of the appeal to the solicitor and to the Council, and

(b) enquire into the matter, giving the solicitor and the Council reasonable opportunity to make representations to the Tribunal.”.

Restoration of name to register of European lawyers: appeals

21 (1) The 1980 Act is amended as follows.

(2) In section 12D (restoration of name to register on request), after subsection (2) insert—

“(2A) Where under subsection (2) the Council decides not to restore a registered European lawyer’s name, or annotation against a registered European lawyer’s name, to the register, the registered European lawyer may appeal the decision to the Tribunal.

(2B) An appeal under subsection (2A) must be made before the expiry of the period of 21 days beginning with the day on which the Council’s decision is intimated to the registered European lawyer.

(2C) On an appeal to the Tribunal under subsection (2A), the Tribunal—

(a) if the Tribunal considers that a registered European lawyer’s name should be restored to the register, must direct the Council—

(i) to restore the registered European lawyer’s name to the register, and

(ii) to issue to the registered European lawyer a registration certificate, subject to such conditions, if any, as the Tribunal thinks fit,

(b) if the Tribunal considers that an annotation against the registered European lawyer’s name should be restored to the register, must direct the Council to restore the annotation to the register,

(c) may confirm the Council’s decision.”.

(3) In section 52 (procedure on complaints and appeals to Tribunal), in subsection (2)(aa), after “section” insert “10(1B), 12D(2A),”.

Restoration of name to register of foreign lawyers: appeals

22 (1) The 1980 Act is amended as follows.

(2) In section 60A (registered foreign lawyers), after subsection (4F) insert—

“(4FA) Where under subsection (4C) the Council decides not to restore a foreign lawyer’s name to the register, the foreign lawyer may appeal the decision to the Court.

(4FB) Where under subsection (4D) the Tribunal decides not to order the restoration of a foreign lawyer’s name to the register, the foreign lawyer may appeal the decision to the Court.

(4FC) An appeal under subsection (4FA) or (4FB) must be made before the expiry of the period of 21 days beginning with the day on which the Council’s decision or, as the case may be, the Tribunal’s decision, is intimated to the foreign lawyer.

(4FD) On an appeal to the Court under subsection (4FA) or (4FB), the Court may—

(a) order the restoration of the foreign lawyer’s name to the register, or

(b) confirm the decision of the Council or, as the case may be, the Tribunal.”.

Restoration of name to roll or register: expenses

23 (1) The 1980 Act is amended as follows.

(2) In schedule 4 (constitution, procedure and powers of Tribunal)—

(a) after paragraph 19 insert—

“19A The Tribunal may make such order as it thinks fit in relation to an application under section 10(1), 12D(1) or 60A(4D) as to the payment by the applicant or the respondent of—

(a) the expenses incurred by the other party and by the Tribunal, or

(b) a reasonable contribution towards those expenses.”,

(b) in paragraph 23, after paragraph (d) insert—

“(e) paragraph 19A does not apply.”.

Practising certificates

24 (1) The 1980 Act is amended as follows.

(2) In section 15 (discretion of Council in special cases)—

(a) in subsection (2)(i)(i), for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or is treated as having been so remitted by virtue of section 33A(2) of that Act)”,

(b) after subsection (2)(j) insert—

“(k) where the solicitor’s practising certificate is subject to conditions.”,

(c) in subjection (3), for “or (h)” substitute “, (h) or (k)”,

(d) after subsection (3) insert—

“(3A) Where the Council decide to issue a practising certificate subject to conditions, the Council may, at the request of the solicitor to whom the certificate is issued or on their own initiative—

(a) vary the conditions,

(b) remove conditions, or

(c) impose further conditions.

(3B) Before making a decision to vary, remove or impose conditions under subsection (3A), the Council must—

(a) notify the solicitor of their intention to exercise the power,

(b) give the solicitor an opportunity to make representations within 14 days of being notified,

and when exercising that power, must take into account any representations made by the solicitor.

(3C) The Council must notify the solicitor to whom the practising certificate is issued of the decision to vary, remove or impose conditions and the reasons for the decision as soon as practicable after making the decision.”,

(e) in subsection (4), after “conditions,” insert “or vary, remove or impose conditions under subsection (3A),”,

(f) after subsection (4) insert—

“(5) If a solicitor fails to comply with any condition of the solicitor’s practising certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”.

(3) After section 15 insert—

“15A Discretion of Council in other cases

(1) Except in a case where section 15 has effect, the Council may, subject to subsection (2), take any of the following steps in relation to the practising certificate of a solicitor—

(a) vary any conditions imposed by the Council,

(b) remove conditions, or

(c) impose conditions.

(2) The Council may take any of the steps mentioned in subsection (1) only if they consider it necessary to do so—

(a) in the public interest, or

(b) for the protection of the public.

(3) Before making a decision to vary, remove or impose conditions by virtue of subsection (2)(a), the Council must—

(a) notify the solicitor of their intention to exercise the power,

(b) give the solicitor an opportunity to make representations within 14 days of being notified,

and when exercising that power, must take into account any representations made by the solicitor.

(4) Where the Council have made a decision to vary, remove or impose conditions by virtue of subsection (2)(b), the Council—

(a) when notifying the solicitor under subsection (5), must give the solicitor an opportunity to make representations within 14 days of being notified, and

(b) taking into account any representations made, may vary their decision.

(5) The Council must notify the solicitor to whom the practising certificate is issued of their decision to vary, remove or impose conditions and the reasons for the decision as soon as practicable after making the decision.

(6) Where the Council decide to vary, remove or impose conditions, they may, if they think fit, postpone the issue of the certificate pending the hearing and determination of an appeal under section 16.

(7) If a solicitor fails to comply with any condition of the solicitor’s practising certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”.

(4) In section 16 (appeals from decisions of Council)—

(a) in subsection (2), after “conditions,” insert “or decide to vary, remove or impose conditions,”,

(b) after subsection (2) insert—

“(2A) Where the Council have varied conditions of, removed conditions from or imposed conditions on a practising certificate under section 15A, the solicitor to whom the certificate is issued may appeal to the Court against that decision within 14 days of being notified of it.”,

(c) in subsection (3), in the opening words, after “(2)” insert “or (2A)”.

(5) In section 17 (date and expiry of practising certificates), in subsection (2), after “(1)” insert “or a different date specified on the certificate”.

(6) In section 18 (suspension of practising certificates)—

(a) after subsection (1ZA) insert—

“(1ZB) The Council may suspend a solicitor from practice as a solicitor if the Council consider it necessary to do so—

(a) in the public interest, or

(b) for the protection of the public.

(1ZC) Before making a decision to suspend a solicitor from practice by virtue of subsection (1ZB)(a), the Council must—

(a) notify the solicitor of their intention to make a decision,

(b) give the solicitor an opportunity to make representations within 14 days of being notified,

and when making a decision, must take into account any representations made by the solicitor.

(1ZD) Where the Council have made a decision to suspend a solicitor from practice by virtue of subsection (1ZB)(b), the Council—

(a) when notifying the solicitor under subsection (1ZE), must give the solicitor an opportunity to make representations within 14 days of being notified, and

(b) taking into account any representations made, may vary their decision.

(1ZE) Where the Council have made a decision to suspend a solicitor from practice under subsection (1ZB), the Council must notify the solicitor of the suspension as soon as practicable and give reasons for the suspension.”,

(b) after subsection (3A) insert—

“(4) Where the Council have been notified by the Commission that a solicitor has failed to comply with a direction under section 10 of the 2007 Act, the Council may, when considering a suspension under this section, contact the Commission to ascertain whether the solicitor has since complied with the direction.”,

(c) the title of section 18 becomes “Suspension from practice as solicitor”.

(7) In section 19 (further provisions relating to suspension of practising certificates)—

(a) subsection (1) is repealed,

(b) for subsections (4) and (5) substitute—

“(4) Where a solicitor has been suspended from practice as a solicitor by virtue of section 18(1)(c) or (d), the suspension expires on the solicitor being granted a discharge.

(5) Where a solicitor has been suspended from practice as a solicitor by virtue of section 18(1)(e), the suspension expires on the judicial factor being granted a discharge.”,

(c) subsection (5B) is repealed,

(d) in subsection (5C), for “(5B)” substitute “(5A)”,

(e) after subsection (5C), insert—

“(5D) Where a solicitor is suspended from practice as a solicitor by virtue of paragraphs (c), (d) or (e) of section 18(1) or by virtue of section 18(1ZA) or (1ZB), the Council may, on their own initiative, decide to terminate the suspension with or without conditions.”,

(f) in subsection (6), after “section 18(1ZA)” insert “or (1ZB)”,

(g) after subsection (7), insert—

“(7A) Where the Council have made a decision—

(a) to terminate the suspension of a solicitor under subsection (5D),

(b) to grant an application to terminate the suspension of a solicitor under subsection (7)(a), or

(c) to refuse an application to terminate the suspension of a solicitor under subsection (7)(b),

the Council must notify the solicitor of the decision and the reasons for the decision as soon as practicable after making the decision.”,

(h) the title of section 19 becomes “Further provisions relating to suspension from practice as solicitor”.

(8) In section 20 (Council’s duty to supply lists of solicitors holding practising certificates), after subsection (1)(b) insert—

“(c) any other body the Council consider necessary for the fulfilment of the Council’s regulatory duties,”.

Registration certificates

25 (1) The 1980 Act is amended as follows.

(2) In section 24C (discretion of Council in special cases)—

(a) in subsection (2)(h)—

(i) in the opening words, the words “, after a complaint has been made” are repealed,

(ii) in sub-paragraph (i), for “relating to his conduct of the business of a client” substitute “the Council are investigating a conduct complaint remitted to them under section 6(2) of the 2007 Act (or is treated as having been so remitted by virtue of section 33A(2) of that Act),”,

(iii) in sub-paragraph (ii), at beginning insert “after a complaint has been made”,

(b) after subsection (2)(i) insert—

“(j) where the registered European lawyer’s registration certificate is subject to conditions.”,

(c) in subsection (3), for “or (g)” substitute “, (g) or (j)”,

(d) after subsection (3) insert—

“(3A) Where the Council decide to issue a registration certificate subject to conditions, the Council may, at the request of the registered European lawyer to whom the certificate is issued or on their own initiative—

(a) vary the conditions,

(b) remove conditions, or

(c) impose further conditions.

(3B) Before making a decision to vary, remove or impose conditions under subsection (3A), the Council must—

(a) notify the registered European lawyer of their intention to exercise the power,

(b) give the registered European lawyer an opportunity to make representations within 14 days of being notified,

and when exercising that power, must take into account any representations made by the registered European lawyer.

(3C) The Council must notify the registered European lawyer to whom the registration certificate is issued of the decision to vary, remove or impose conditions and the reasons for the decision as soon as practicable after making the decision.”,

(e) in subsection (4), after “conditions,” insert “or vary, remove or impose conditions under subsection (3A),”,

(f) after subsection (4) insert—

“(5) If a registered European lawyer fails to comply with any condition of the lawyer’s registration certificate, that failure may be treated as professional misconduct or unsatisfactory professional conduct.”.

(3) After section 24C insert—

“24CA Discretion of Council in other cases

(1) Except in a case where section 24C has effect, the Council may, subject to subsection (2), take any of the following steps in relation to the registration certificate of a registered European lawyer—

(a) vary any conditions imposed by the Council,

(b) remove conditions, or

(c) impose conditions.

(2) The Council may take any of the steps mentioned in subsection (1) only if they consider it necessary to do so—

(a) in the public interest, or

(b) for the protection of the public.

(3) Before making a decision to vary, remove or impose conditions by virtue of subsection (2)(a), the Council must—

(a) notify the registered European lawyer of their intention to exercise the power,

(b) give the registered European lawyer an opportunity to make representations within 14 days of being notified,

and when exercising that power, must take into account any representations made by the registered European lawyer.

(4) Where the Council have made a decision to vary, remove or impose conditions by virtue of subsection (2)(b), the Council—

(a) when notifying the registered European lawyer under subsection (5), must give the registered European lawyer an opportunity to make representations within 14 days of being notified, and

(b) taking into account any representations made, may vary their decision.

(5) The Council must notify the registered European lawyer to whom the registration certificate is issued of their decision to vary. remove or impose conditions and the reasons for their decision.

(6) Where the Council decide to vary, remove or impose conditions, they may, if they think fit, postpone the issue of the certificate pending the hearing and determination of an appeal under section 24D.”.

(4) In section 24D (appeals from decisions of Council)—

(a) in subsection (2), after “conditions,” insert “or decide to vary, remove or impose conditions,”

(b) after subsection (2) insert—

“(2A) Where the Council have varied conditions of, removed conditions from or imposed conditions on a registration certificate under section 24C(3A) or 24CA, the registered European lawyer to whom the certificate is issued may appeal to the Court against that decision within 14 days of being notified of it.”,

(c) subsection (3), in the opening words, after “(2)” insert “or (2A)”.

(5) In section 24E (date and expiry of registration certificate), in subsection (2), after “(1)” insert “or a different date specified on the certificate”.

(6) In section 24F (suspension of registration certificate)—

(a) after subsection (1A) insert—

“(1B) The Council may suspend a registered European lawyer from practice as a registered European lawyer if the Council consider it necessary to do so—

(a) in the public interest, or

(b) for the protection of the public.

(1C) Before making a decision to suspend a registered European lawyer from practice by virtue of subsection (1B)(a), the Council must—

(a) notify the lawyer of their intention to make a decision,

(b) give the lawyer an opportunity to make representations within 14 days of being notified,

and when making a decision, must take into account any representations made by the lawyer.

(1D) Where the Council have made a decision to suspend a registered European lawyer from practice by virtue of subsection (1B)(b), the Council—

(a) when notifying the lawyer under subsection (1E), must give the lawyer an opportunity to make representations within 14 days of being notified, and

(b) taking into account any representations made, may vary their decision.

(1E) Where the Council have made a decision to suspend a registered European lawyer from practice under subsection (1B), the Council must notify the lawyer of the suspension as soon as practicable and give reasons for the suspension.”,

(b) after subsection (3) insert—

“(4) Where the Council have been notified by the Commission that a registered European lawyer has failed to comply with a direction under section 10 of the 2007 Act, the Council may, when considering a suspension under this section, contact the Commission to ascertain whether the lawyer has since complied with the direction.”,

(c) title of section 24F becomes “Suspension from practice as registered European lawyer”.

(7) In section 24G (further provisions relating to suspension of registration certificate)—

(a) subsection (1) is repealed,

(b) for subsection (2) substitute—

“(2A) Where a registered European lawyer has been suspended from practice as a registered European lawyer by virtue of section 24F(1)(c) or (d), the suspension expires on the lawyer being granted a discharge.”,

(c) for subsection (3), substitute—

“(3A) Where a registered European lawyer has been suspended from practice as a registered European lawyer by virtue of section 24F(1)(e), the suspension expires on the judicial factor being granted a discharge.”,

(d) subsection (4A) is repealed,

(e) in subsection (4B), for “(4A)” substitute “(4)”,

(f) after subsection (4B), insert—

“(4C) Where a registered European lawyer is suspended from practice as a registered European lawyer by virtue of paragraphs (c), (d) or (e) of section 24F(1) or by virtue of section 24F(1A) or (1B), the Council may, on their own initiative, decide to terminate the suspension with or without conditions.”,

(g) in subsection (5), after “section 24F(1A)” insert “or (1B)”,

(h) after subsection (6), insert—

“(6A) Where the Council have made a decision—

(a) to terminate the suspension of a registered European lawyer under subsection (4C),

(b) to grant an application to terminate the suspension of a registered European lawyer under subsection (6)(a), or

(c) to refuse an application to terminate the suspension of a registered European layer under subsection (6)(b),

the Council must notify the registered European lawyer of the decision and the reasons for the decision as soon as practicable after making the decision.”,

(i) the title of section 24G becomes “Further provisions relating to suspension from practice as registered European lawyer”.

Powers where excessive fees etc. charged

26 (1) Section 39A of the 1980 Act (powers where excessive fees etc. charged) is amended as follows.

(2) After subsection (2), insert—

“(2A) On their own initiative the Council may decide to terminate the suspension of a solicitor under subsection (2) and, where they do so, must restore to the solicitor any practising certificate held by the solicitor for the practice year then current and may impose conditions on the certificate.

(2B) Where the Council have made a decision to terminate the suspension of a solicitor under subsection (2A), the Council must notify the solicitor of the decision and the reasons for the decision as soon as practicable after making the decision.”.

(3) In subsection (3)—

(a) for the words “, unless they are of the opinion that the solicitor or incorporated practice is liable to disciplinary proceedings under Part IV, shall” substitute “may”,

(b) for the words “and shall” substitute “and, where they do so, must”,

(c) after “current” insert “and may impose conditions on the certificate”.

(4) In subsection (8)—

(a) the words from “a decision” to “certificate,” become paragraph (a),

(b) after that paragraph insert—

“(b) a decision under subsection (2A) to restore a solicitor’s practising certificate subject to conditions,

(c) a decision under subsection (3) to refuse to terminate a solicitor’s suspension from practice or to restore a solicitor’s practising certificate subject to conditions,”,

(c) the words from “appeal” to the end of the subsection become the closing words of the subsection.

(5) After subsection (8) insert—

“(8A) Nothing in subsection (8) prevents a solicitor or authorised legal business from subsequently satisfying the Council under subsection (3).”.

Powers where failure to comply with rules

27 (1) Section 40 of the 1980 Act (power where failure to comply with accounts rules etc.) is amended as follows.

(2) After subsection (1) insert—

“(1A) On their own initiative the Council may decide to terminate the suspension of a solicitor under subsection (1) and, where they do so, must restore to the solicitor any practising certificate held by the solicitor for the practice year then current and may impose conditions on the certificate.

(1B) Where the Council have made a decision to terminate the suspension of a solicitor under subsection (1A), the Council must notify the solicitor of the decision and the reasons for the decision as soon as practicable after making the decision.”.

(3) In subsection (2)—

(a) after “provisions” insert “or has complied with the provisions”,

(b) for the words “, unless they are of opinion that the solicitor or, as the case may, the incorporated practice is liable to disciplinary proceedings under Part IV, shall” substitute “may”,

(c) for “shall” where it second occurs substitute “, where they do so, must”,

(d) after “current” insert “and may impose conditions on the certificate”.

(4) After subsection (2), insert—

“(2A) If the Council make a decision under subsection (2) to terminate the suspension of a solicitor from practice on the basis that the solicitor (or the authorised legal business) is willing and able to comply with the applicable provisions—

(a) the Council must specify the period within which the solicitor or authorised legal business is to comply with the provisions, and

(b) the solicitor or authorised legal business must, before the end of that period, notify the Council of having complied with the provisions.

(2B) If a solicitor or authorised legal business, without reasonable excuse, fails to comply with the requirements of subsection (2A), the Council may, as the case may be—

(a) withdraw the practising certificate held by the solicitor, or

(b) withdraw the practising certificate or certificates of any or all of the solicitors who are members, owners, partners or, as the case may be, directors of the authorised legal business,

and suspend the solicitor from practice as a solicitor.”.

(5) In subsection (3), after “certificate” insert “or a decision under subsection (1A) or (2) to restore a solicitor’s practising certificate subject to conditions”.

Previous findings of record

28 After section 42E of the 1980 Act (powers relating to regulatory complaints) as inserted by this Act insert—

“42F Previous findings of record

(1) This section applies where the Council are exercising their functions under this Part.

(2) Where a person has been convicted of a criminal offence committed in the United Kingdom—

(a) an extract conviction of the crime bearing to have been issued by an officer whose duties include the issue of extract convictions is conclusive proof of—

(i) the conviction, and

(ii) the findings of fact upon which the conviction is based, and

(b) the only evidence which may be adduced by the person in rebuttal of the conviction is evidence for the purpose of proving that the person is not the person referred to in the extract conviction.

(3) Where the Council have made a finding based upon an extract conviction for a conviction which is subsequently quashed the Council may, on the application of the person who was convicted of the criminal offence, revoke their finding.

(4) The judgment of any civil court in or outside Scotland may be proved by producing a certified copy of the judgment and the findings of fact upon which that judgment was based are admissible as proof but not conclusive proof of those facts.

(5) In this section, “extract conviction” includes a copy of a certificate of conviction issued from any court of justice of the United Kingdom.”.

The Client Protection Fund

29 (1) The 1980 Act is amended as follows.

(2) In section 21 (consultants to hold practising certificates)—

(a) in subsection (1), for “Guarantee” substitute “Client Protection”,

(b) in subsection (2), for “the Guarantee” substitute “The Client Protection”.

(3) In section 37A (accounts and anti-money laundering fees), in subsection (1)(a), for “Guarantee” substitute “Client Protection”.

(4) In section 41 (appointment of judicial factor)—

(a) in paragraph (b)(iii), for “Guarantee” substitute “Client Protection”,

(b) in paragraph (c)(iii), for “guarantee fund” substitute “Client Protection Fund”.

(5) In section 43 (Guarantee Fund)—

(a) in subsection (1)—

(i) for ““The Scottish Solicitors Guarantee Fund”” substitute ““The Client Protection Fund””,

(ii) for ““the Guarantee Fund”,” substitute ““the Client Protection Fund)””,

(b) in subsection (2), in the opening words, for “Guarantee” substitute “Client Protection”,

(c) in subsection (6), for “Guarantee” substitute “Client Protection”,

(d) in subsection (7), for “Guarantee” in both places it occurs substitute “Client Protection”.

(6) In schedule 3—

(a) in paragraph 1(1), for “Guarantee” substitute “Client Protection”,

(b) in paragraph 1(2B), for “Guarantee Fund” substitute “Client Protection Fund—”,

(c) in paragraph 1(4)—

(i) for “Guarantee” substitute “Client Protection”,

(ii) for “£250,000 or such other” substitute “such”,

(d) in paragraph 1(5), for “Guarantee” substitute “Client Protection”,

(e) in paragraph 1A(2)(b), for “Guarantee” substitute “Client Protection”,

(f) in paragraph 1B(2)(b), for “Guarantee” substitute “Client Protection”,

(g) in paragraph 1B(4), for “Guarantee” substitute “Client Protection”,

(h) in paragraph 2(1), for “Guarantee” substitute “Client Protection”,

(i) in paragraph 2(2), for “Guarantee” substitute “Client Protection”,

(j) in paragraph 2(3), for “Guarantee” substitute “Client Protection”,

(k) in paragraph 2(5), for “Guarantee” in each place it occurs substitute “Client Protection”,

(l) in paragraph 3(1), for “Guarantee” substitute “Client Protection”,

(m) in paragraph 4(1), for “Guarantee” substitute “Client Protection”,

(n) in paragraph 4(2), for “Guarantee” substitute “Client Protection”,

(o) in paragraph 4(3), for “Guarantee” substitute “Client Protection”,

(p) in paragraph 4(3A), for “Guarantee” substitute “Client Protection”,

(q) in paragraph 4(4), for “Guarantee Fund” in both places it occurs substitute “Client Protection Fund”,

(r) the title of Part 1 becomes “The Client Protection Fund”.

30 (1) The 2007 Act is amended as follows.

(2) In section 39 (monitoring effectiveness of guarantee funds etc.)—

(a) in subsection (1)—

(i) in paragraph (a)—

(A) for “Scottish Solicitors Guarantee Fund” substitute “Client Protection Fund”,

(B) for ““the Guarantee Fund”” substitute ““the Client Protection Fund””,

(ii) in paragraph (c), for “Guarantee” substitute “Client Protection”,

(b) the title of section 39 becomes “Monitoring effectiveness of funds etc.”.

31 (1) The 2010 Act is amended as follows.

(2) In section 24 (choice of arrangements)—

(a) in subsection (2), for “Guarantee” substitute “Client Protection”,

(b) in subsection (3)—

(i) in paragraph (a), for “Guarantee” substitute “Client Protection”,

(ii) in paragraph (b), for “Guarantee” substitute “Client Protection”,

(c) in subsection (4), for “Guarantee” substitute “Client Protection”.

(3) In section 25 (compensation rules: general), in subsection (3), for “Guarantee” substitute “Client Protection”.

(4) In section 26 (more about compensation arrangements), subsection (3)—

(a) for “the Guarantee” substitute “the Client Protection”,

(b) for “Scottish Solicitors Guarantee” substitute “Client Protection”.

(5) In section 33 (reporting to Law Society)—

(a) in subsection (1), for “Guarantee” substitute “Client Protection”,

(b) in subsection (2)(b), for “Guarantee” substitute “Client Protection”,

(c) in subsection (5), for “Guarantee” substitute “Client Protection”.

(6) In section 34 (steps open to Society), in subsection (4)(a), for “Guarantee” substitute “Client Protection”.

Investment business certificates

32 (1) The 1980 Act is amended as follows.

(2) In section 53 (powers of Tribunal)—

(a) in subsection (2)(g), for “an investment business certificate” substitute “a licence to carry on incidental financial business”,

(b) in subsection (7A), for the words from ““investment” to the end of the subsection substitute ““licence to carry on incidental financial business” means a licence issued by the Society as a designated professional body under section 326(1) of the Financial Services and Markets Act 2000.”,

(c) for subsection (8)(b) substitute—

“(b) the definition of “licence to carry on incidental financial business” in subsection (7A).”,

(d) after subsection (8) insert—

“(8A) The power in subsection (8)(b) includes the power to make supplementary, incidental, consequential, transitional, transitory or saving provision.”.

(3) In section 53D (suspension etc. of investment business certificates: appeal to Tribunal)—

(a) in subsection (1)—

(i) for “an investment business certificate” substitute “a licence to carry on incidental financial business”,

(ii) for “incorporated practice” substitute “authorised legal business”,

(b) in subsection (2A), for “incorporated practice” substitute “authorised legal business”,

(c) the title of section 53D becomes “Suspension etc. of licence to carry on incidental financial business: appeal to Tribunal”.

(4) In schedule 4 (constitution, procedure and powers of Tribunal), in paragraph 16(h), for “an investment business certificate” substitute “a licence to carry on incidental financial business”.

Appeals from decisions of Tribunal

33 (1) Section 54 of the 1980 Act (appeals from decisions of Tribunal) is amended as follows.

(2) After subsection (1B) insert—

“(1BA) Section 43 of the Regulation of Legal Services (Scotland) Act 2025 does not apply to an appeal under subsection (1B)(c).”.

(3) In subsection (1C)—

(a) for “a decision by the Tribunal under section 53(2) or (5)” substitute “any decision by the Tribunal mentioned in subsection (1CA)”,

(b) the words “; but the Council may not appeal to the Court against a decision of the Tribunal under section 53(2)(bb) or (bc)” are repealed.

(4) After subsection (1C) insert—

“(1CA) The decision is—

(a) the finding that the solicitor has been not guilty of professional misconduct,

(b) a decision under section 53(2), (5) or (5A).”.

Constitution of Tribunal

34 (1) Schedule 4 of the 1980 Act (constitution, procedure and powers of Tribunal) is amended as follows.

(2) In paragraph 1A—

(a) in paragraph (a), after “Council” insert “after consultation with the Tribunal”, and

(b) in paragraph (b), after “the Scottish Ministers” insert “and the Tribunal”.

(3) After paragraph 1A insert—

“1AA Each solicitor member must have in force a practising certificate when appointed under paragraph 1A(a) or re-appointed under paragraph 2(b).

1AB The Council must notify the Tribunal where—

(a) a solicitor member has been suspended from practice as a solicitor,

(b) a solicitor member’s practising certificate ceases to have effect,

(c) the Council have—

(i) issued a solicitor member’s practising certificate subject to conditions, or

(ii) placed a condition on, added a condition to, removed a condition from or varied a condition of a solicitor member’s practising certificate.

1AC When notifying the Tribunal under paragraph 1AB, the Council must give reasons for, as the case may be—

(a) the solicitor member’s suspension,

(b) the solicitor member’s practising certificate ceasing to have effect,

(c) the solicitor member’s practising certificate being issued subject to conditions,

(d) the condition being placed on or added to the solicitor member’s practising certificate,

(e) the condition of the solicitor member’s practising certificate being varied, or

(f) the condition being removed from the solicitor member’s practising certificate.

1AD Where the Tribunal has been notified about a solicitor member under paragraph 1AB, the Chair (see paragraph 4) may request that the Lord President terminates the appointment of the solicitor member (see paragraph 3).”.

(4) In paragraph 2—

(a) in paragraph (a), after “the Secretary of State” insert “and the Tribunal”,

(b) in paragraph (b), after “Council” insert “after consultation with the Tribunal”.

(5) In paragraph 3—

(a) after “Council” insert “after consultation with the Tribunal”, and

(b) after “the Secretary of State” insert “and the Tribunal”.

(6) In paragraph 4, for “chairman” substitute “Chair”.

(7) After paragraph 4 insert—

“4A The Tribunal may appoint one or more of their number to be vice-Chair.

4B The Chair may arrange for any of the Chair’s functions to be discharged on the Chair’s behalf by a vice-Chair.”.

(8) In paragraph 14, for “chairman” substitute “Chair”.

Procedure of Tribunal

35 (1) The 1980 Act is amended as follows.

(2) In section 52 (procedure on complaints and appeals to Tribunal), after subsection (2)(ab) insert—

“(ac) for regulating an arrangement under paragraph 6A of schedule 4,”.

(3) In schedule 4 (constitution, procedure and powers of Tribunal), after the title to Part 2 insert—

Procedure

6A The Tribunal may arrange for any of their functions (other than an excepted function) to be discharged on their behalf by one of their number.

6B An “excepted function” is the making of a decision under—

(a) section 10,

(b) section 12D,

(c) section 42ZD,

(d) section 47,

(e) section 52,

(f) section 53,

(g) section 53ZAA,

(h) section 53ZB,

(i) section 53ZD,

(j) section 53ZE,

(k) section 53D,

(l) section 54,

(m) section 60A.”.

Communicating and giving effect to Tribunal decisions

36 (1) The 1980 Act is amended as follows.

(2) In schedule 4 (constitution, procedure and powers of tribunal)—

(a) in paragraph 15, after “of appeal” insert “, if any,”,

(b) after paragraph 15, insert—

“15A A copy of every decision by the Tribunal certified by the clerk must be sent to the Commission.”,

(c) in paragraph 16—

(i) after paragraph (d), insert—

“(da) directing a solicitor to undertake education or training, or

(db) ordering that the practising certificate of a solicitor be subject to such conditions as they may direct, or”,

(ii) in the closing words, for the words “shall forthwith” to the end of the closing words substitute “must comply with paragraph 16A.”,

(d) after paragraph 16, insert—

“16A When the Council receives a copy of a decision by virtue of paragraph 16, the Council must—

(a) give effect to any order as to striking the solicitor off the roll,

(b) give effect to any conditions directed by the Tribunal under section 53(5), 53ZAA(4)(c), 53ZB(2)(a)(iii), 53ZD(2)(b) or 53ZE(1)(h) or (2)(g),

(c) give effect to any direction requiring a solicitor to undertake education or training,

(d) in any other case in relation to a solicitor, cause a note of the effect of the decision to be entered against the name of the solicitor in the roll,

(e) give effect to any order revoking the recognition under section 34(1A) of an incorporated practice, or

(f) give effect to the withdrawal of, or imposition of conditions in relation to, the authorisation of a legal business to provide legal services.

16B In the case of a decision by the Tribunal—

(a) relating to the discontinuation of an investigation of a conduct complaint or a regulatory complaint,

(b) relating to the reinstatement of a discontinued investigation of a conduct complaint or a regulatory complaint,

(c) directing the Council to carry out their duties under section 42ZA(1),

(d) directing the Council to propose a new settlement under section 42ZA(1A)(a),

(e) under section 53ZD,

(f) under section 53ZE,

on the expiration of the days of appeal without an appeal being lodged or, where an appeal has been lodged, as soon as the appeal is withdrawn or a decision by the Court confirming the decision of the Tribunal is given, the clerk of the Tribunal must send a certified copy of the decision of the Tribunal to the Council, and where relevant the Council must give effect to the decision.”.

(3) In section 53, in subsection (5), the words “terms and” are repealed.

Appeal against decision of Tribunal to dismiss before enquiry

37 (1) The 1980 Act is amended as follows.

(2) After section 54B (as inserted by this Act), insert—

“54C Appeals from decisions of Tribunal to dismiss without inquiry

(1) Where under paragraph 9, 9A or 9B of schedule 4, the Tribunal dismisses a complaint against a solicitor, an authorised legal business or, as the case may be, a licensed provider, the Council may appeal the decision to the Court.

(2) An appeal under subsection (1) must be made before the expiry of the period of 21 days beginning with the day on which the Tribunal’s decision is intimated to the Council.

(3) Where under paragraph 24 of schedule 4, the Tribunal dismisses an appeal, the appellant may appeal the decision to the Court.

(4) An appeal under subsection (3) must be made before the expiry of the period of 21 days beginning with the day on which the Tribunal’s decision is intimated to the appellant.”.

Finality of decisions

38 (1) The 1980 Act is amended as follows.

(2) In section 16 (appeals from decisions of Council), after subsection (3) insert—

“(4) A decision of the Court under subsection (1), (2) or (2A) is final.”.

(3) In section 19 (further provisions relating to suspension of practising certificates), after subsection (8) insert—

“(9) A decision of the Court under subsection (8) is final.”.

(4) In section 24D (appeals from decisions of Council), after subsection (3) insert—

“(4) A decision of the Court under subsection (1), (2) or (2A) is final.”.

(5) In section 24G (further provisions relating to suspension of registration certificate), after subsection (7) insert—

“(8) A decision of the Court under subsection (7) is final.”.

(6) In section 47 (restriction on employing solicitor struck off or suspended), after subsection (4) insert—

“(5) A decision of the Court under subsection (3) or (4) is final.”.

Other modifications

39 (1) The 1980 Act is amended as follows.

(2) In section 18 (suspension of practising certificates)—

(a) in subsection (2), the words “in writing” are repealed,

(b) in subsection (3), the words “in writing” are repealed.

(3) In section 19 (further provisions relating to suspension of practising certificates), in subsection (5C), the words “in writing” are repealed.

(4) In section 23B, the following section title is inserted: “Professional misconduct for registered foreign lawyer to practise without a registration certificate”.

(5) In section 24D (appeals from decisions of Council), subsection (1)(b) is repealed.

(6) In section 24F (suspension of registration certificate)—

(a) in subsection (2), the words “in writing” are repealed,

(b) in subsection (3), the words “in writing” are repealed.

(7) In section 24G (further provisions relating to suspension of registration certificate), in subsection (4B), the words “in writing” are repealed.

(8) In section 26 (offence for solicitors to act as agents for unqualified persons), in subsection (2), the words “employed full-time on a fixed salary by a body corporate or” are repealed.

(9) In section 30 (liability for fees of other solicitor)—

(a) after “employs” insert “or otherwise engages”,

(b) for “employed” substitute “other”,

(c) after “employment” insert “or engagement”.

(10) In section 32 (offence for unqualified persons to prepare certain documents), for subsection (2B) substitute—

“(2B) Subsection (1)(b) does not apply to—

(a) a person who is, by virtue of an act of sederunt made under section 104(1) of the Courts Reform (Scotland) Act 2014 (power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court) permitted to represent—

(i) a party to a simple procedure case,

(ii) a debtor or hirer in proceedings for—

(A) a time order under section 129 of the Consumer Credit Act 1974 (time orders), or

(B) variation or revocation, under section 130(6) of that Act (variation and revocation of time orders), of a time order made under section 129,

(b) an approved lay representative within the meaning of section 5F of the Heritable Securities (Scotland) Act 1894 or section 24E of the Conveyancing and Feudal Reform (Scotland) Act 1970 (lay representation in proceedings by creditors for repossession of residential property) while acting in pursuance of the section in question.”.

(11) In section 33B, the following section title is inserted: “Privilege of registered foreign lawyers from disclosure etc.”.

(12) In section 34 (rules as to professional practice, conduct and discipline), after subsection (4D) insert—

“(5) Where the Council refuse to recognise a body corporate as being suitable in terms of subsection (1A)(b), the body corporate may apply to the Court, who may make such order in the matter as it thinks fit.

(6) A decision of the Court under subsection (5) is final.”.

(13) In section 44 (professional indemnity), in subsection (5)—

(a) in paragraph (a), for “Part 4” substitute “Part 4A”,

(b) in paragraph (b), for “Part 4” substitute “Part 4A”,

(c) paragraphs (c) and (d) are repealed.

(14) In section 55 (powers of Court), in subsection (2), after “(3)” insert “and (3A)”.

(15) In section 61A (solicitors’ fees), in subsection (1), for paragraphs (a) and (b) substitute—

“(a) section 103(2)(j) of the Courts Reform (Scotland) Act 2014, or

(b) section 104(2)(j) of that Act,”.

(16) In section 63, subsections (3) and (4) are repealed.

(17) After section 63, insert—

“63A Individual culpability for offending by an organisation

(1) Subsection (2) applies where—

(a) an offence under this Act is committed by a relevant organisation, and

(b) the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

(i) a responsible official of the organisation, or

(ii) an individual purporting to act in the capacity of a responsible official.

(2) The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence.

(3) “Relevant organisation” means—

(a) a company,

(b) a partnership (including a limited liability partnership),

(c) another body or association.

(4) “Responsible official” means—

(a) in the case of a company—

(i) a director, secretary, manager or similar officer, or

(ii) where the affairs of the company are managed by its members, a member,

(b) in the case of a limited liability partnership, a member,

(c) in the case of a partnership other than a limited liability partnership, a partner,

(d) in the case of another body or association, a person who is concerned in the management or control of its affairs.”.

(18) In section 65 (interpretation)—

(a) after the definition of “building society” insert—

• ““category 1 regulator” means a body that regulates the provision of legal services and which has been assigned as a category 1 regulator in or under section 7 of the Regulation of Legal Services (Scotland) Act 2025,

• “category 2 regulator” means a body that regulates the provision of legal services and which has been assigned as or deemed a category 2 regulator in or under section 7 of the Regulation of Legal Services (Scotland) Act 2025,”,

(b) after the definition of “law centre” insert—

• ““legal services” has the meaning given by section 5 of the Regulation of Legal Services (Scotland) Act 2025,”.

Part 5 Miscellaneous modifications of other enactments

Freedom of information

40 (1) The Freedom of Information (Scotland) Act 2002 is amended as follows.

(2) In Part 7 of schedule 1, after paragraph 61C insert—

“61D A body that is assigned as a category 1 regulator in or under section 7 of the Regulation of Legal Services (Scotland) Act 2025, but only in respect of information relating to the exercise of its regulatory functions within the meaning of section 6 of that Act.”.

Removal of special provision for confirmation agents and will writers etc.

41 In the 2007 Act, Part 2B (special provision for confirmation agents and will writers) is repealed.

42 (1) The 2010 Act is amended as follows.

(2) In section 48(5) (eligibility criteria)—

(a) at the end of paragraph (b), insert “or”,

(b) paragraph (d) and the “or” immediately preceding it are repealed.

(3) In section 72(1)(c) (employing disqualified lawyer)—

(a) at the end of sub-paragraph (ii) insert “or”,

(b) sub-paragraph (iv) and the “or” immediately preceding it are repealed.

(4) In section 73(1)(c) (concealing disqualification)—

(a) at the end of sub-paragraph (ii) insert “or”,

(b) sub-paragraph (iv) and the “or” immediately preceding it are repealed.

(5) Part 3 (confirmation and will writing services) is repealed.

(6) In section 146(3)(a) (regulations)—

(a) at the end of sub-paragraph (viii) insert “or”,

(b) sub-paragraphs (x) to (xiv) are repealed.

(7) In section 149(4)(b) (definitions), for “Parts 2 and 3” substitute “Part 2”.

(8) In schedule 9 (index of expressions used), the entries relating to the following definitions (and the preceding heading relating to “Part 3 expressions”) are repealed—

(a) “approving body (of confirmation agent)”,

(b) “approving body (of will writer)”,

(c) “confirmation agent and confirmation services”,

(d) “regulatory scheme (of approving body)”,

(e) “will writer and will writing services”.

43 In the Enterprise and Regulatory Reform Act 2013, in schedule 6 (regulatory repeals etc: minor and consequential amendments), paragraphs 198 to 200 are repealed.

Civil enforcement of certain offences

44 After section 63A of the 1980 Act (inserted by paragraph 39(17)) insert—

“63B Civil enforcement in relation to certain offences

(1) This section applies if a category 1 or category 2 regulator considers that a person has committed an offence under any of the following provisions—

(a) section 23(1) (offence of practising as solicitor without practising certificate),

(b) section 26(1) (offence for solicitor to act as agent for unqualified person),

(c) section 28 (offence for disqualified solicitor to seek employment without informing employer),

(d) section 31(1) (offence for unqualified person to pretend to be solicitor or notary public),

(e) section 32(1) (offence for unqualified person to provide certain legal services).

(2) The regulator may apply to the sheriff or the Court of Session for interdict (including interim interdict) against the person to seek to prevent the person from doing anything that constitutes or would constitute the offence.

(3) Following an application under subsection (2), the sheriff or the Court of Session may grant such interdict (or interim interdict) on such terms as it considers appropriate for the purpose of preventing the person from doing anything that constitutes or would constitute the offence.

(4) 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.”.

45 After section 74 of the 2010 Act insert—

“74A Civil enforcement in relation to certain offences

(1) Subsection (2) applies if an approved regulator considers that a person has committed an offence under either of the following provisions—

(a) section 73(2) (offence of employee concealing disqualification from licensed provider employer),

(b) section 74(1) (offence of pretending to be licensed provider).

(2) The approved regulator may apply to the sheriff or the Court of Session for interdict (including interim interdict) against the person to seek to prevent the person from doing any thing that constitutes or would constitute the offence.

(3) Following an application under subsection (2), the sheriff or the Court of Session may grant such interdict (or interim interdict) on such terms as it considers appropriate for the purpose of preventing the person from doing any thing that constitutes or would constitute the offence.

(4) If an approved regulator considers that a body has committed an offence under section 73(5) (offence of concealing revocation as incorporated practice), the regulator may apply to the sheriff or the Court of Session for interdict (including interim interdict) against the body, or a person connected to the body, to seek to prevent—

(a) the body from doing anything that constitutes or would constitute the offence, or

(b) the person from doing anything that contributes to, or would contribute to, the commission of the offence by the body.

(5) Following an application under subsection (4), the sheriff or the Court of Session may grant such interdict (or interim interdict) on such terms as it considers appropriate for the purpose of preventing anything mentioned in subsection (4)(a) or (b) from being done.

(6) This section does not restrict an approved regulator from seeking any other court order against a person or body mentioned in this section.”.

Disclosure requirements in connection with new offences

46 (1) The Disclosure (Scotland) Act 2020 is amended as follows.

(2) In schedule 1 (list A offences)—

(a) after paragraph 43 (insolvency), insert—

Legal professions etc.

43A An offence under the Solicitors (Scotland) Act 1980.

43B An offence under either of the following provisions of the Legal Services (Scotland) Act 2010—

(a) section 73(2) (offence of concealing disqualification),

(b) section 74 (offence of pretending to be licensed).

43C An offence under any of the following provisions of the Regulation of Legal Services (Scotland) Act 2025—

(a) section 31(1) (offence of pretending to have acquired rights),

(b) section 39(5) (offence of owning or operating a legal business without authorisation),

(c) section 40(1) (offence of pretending to be an authorised legal business),

(d) section 90(1) (offence of taking or using the title of lawyer),

(e) section 91(1) (offence of pretending to be a regulated provider of legal services),

(f) section 92(1) (offence of pretending to be a member of the Faculty of Advocates).”,

(b) paragraph 60 (solicitors) and the heading immediately preceding it are repealed.

47 (1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 (S.S.I. 2013/50) is amended as follows.

(2) In schedule A1 (offences which must be disclosed subject to exceptions)—

(a) after paragraph 32B (insolvency), insert—

Legal professions etc.

32C An offence under the Solicitors (Scotland) Act 1980.

32D An offence under either of the following provisions of the Legal Services (Scotland) Act 2010—

(a) section 73(2) (offence of concealing disqualification),

(b) section 74 (offence of pretending to be licensed).

32E An offence under any of the following provisions of the Regulation of Legal Services (Scotland) Act 2025—

(a) section 31(1) (offence of pretending to have acquired rights),

(b) section 39(5) (offence of owning or operating a legal business without authorisation),

(c) section 40(1) (offence of pretending to be an authorised legal business),

(d) section 90(1) (offence of taking or using the title of lawyer),

(e) section 91(1) (offence of pretending to be a regulated provider of legal services),

(f) section 92(1) (offence of pretending to be a member of the Faculty of Advocates).”,

(b) paragraph 44D (solicitors) and the heading immediately preceding it are revoked.