Regulation of Legal Services (Scotland) Act 2025

Prospective

Other modifications S

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(a) in subsection (2), the words “in writing” are repealed,

(b) in subsection (3), the words “in writing” are repealed.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(further provisions relating to suspension of practising certificates), in subsection (5C), the words “in writing” are repealed.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(5) In section 24D (appeals from decisions of Council), subsection (1)(b) is repealed.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(a) in subsection (2), the words “in writing” are repealed,

(b) in subsection (3), the words “in writing” are repealed.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(further provisions relating to suspension of registration certificate), in subsection (4B), the words “in writing” are repealed.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unqualified persons), in subsection (2), the words “employed full-time on a fixed salary by a body corporate or” are repealed.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,”.

Commencement Information

I1 Sch. 3 para. 39 not in force at Royal Assent, see s. 103(3)