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The Regulation of Legal Services (Scotland) Act 2025 (Commencement No. 1) Regulations 2026

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Scottish Statutory Instruments

2026 No. 96 (C. 7)

LEGAL SERVICES

The Regulation of Legal Services (Scotland) Act 2025 (Commencement No. 1) Regulations 2026

Made

17th February 2026

Laid before the Scottish Parliament

19th February 2026

Coming into force

5th March 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 103(3) and (4) of the Regulation of Legal Services (Scotland) Act 2025(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Regulation of Legal Services (Scotland) Act 2025 (Commencement No. 1) Regulations 2026 and come into force on 5 March 2026.

(2) In these Regulations, “the Act” means the Regulation of Legal Services (Scotland) Act 2025.

Appointed days

2.—(1) 5 March 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 1 of these Regulations (the subject matter of which is described in the corresponding entry in column 2 of that table).

(2) Where a purpose is specified in column 3 of the table in schedule 1, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.

(3) 1 July 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in schedule 2 of these Regulations (the subject matter of which is described in the corresponding entry in column 2 of that table).

(4) Where a purpose is specified in column 3 of the table in schedule 2, the corresponding provision in column 1 comes into force in accordance with paragraph (3) only for that purpose.

SIOBHIAN BROWN

Authorised to sign by the Scottish Ministers

St Andrew's House

Edinburgh

17th February 2026

Regulation 2(1)

Schedule 1Provisions of the Act coming into force on 5 March 2026

Column 1Column 2Column 3
(provision of the Act)(subject matter)(purpose)
Part 1 (sections 1 to 37)Regulatory frameworkFor the purpose of the Lord President making rules under section 95.
Part 2 (sections 38 to 49)Regulation of legal businessesFor the purpose of the Lord President making rules under section 95.
Section 79Commission membership
Section 89Removal of practising restrictions: law centres, citizens advice bodies and charities
Section 95Lord President’s functions under Parts 1 and 2: rule-making power
Schedule 2Further provision about measures open to the Lord PresidentFor the purpose of the Lord President making rules under section 95.

Regulation 2(3)

Schedule 2Provisions of the Act coming into force on 1 July 2026

Column 1Column 2Column 3
(provision of the Act)(subject matter)(purpose)
Section 5Meaning of “legal services” and “legal services provider”For the purpose of the Law Society of Scotland preparing its rules for authorising and regulating legal businesses in accordance with section 48.
Section 7(2)Regulatory categoriesFor the purpose of the Law Society of Scotland preparing its rules for authorising and regulating legal businesses in accordance with section 48.
Section 38(6)Overview of PartFor the purpose of introducing Part 2 of schedule 1 as it applies to section 48.
Section 39Requirement for legal businesses to be authorised to provide legal servicesFor the purpose of the Law Society of Scotland preparing its rules for authorising and regulating legal businesses in accordance with section 48.
Sections 41 to 47Rules for authorised legal businessesFor the purpose of the Law Society of Scotland preparing its rules for authorising and regulating legal businesses in accordance with section 48.
Section 48Law Society of ScotlandFor all remaining purposes.
Section 80Role of the independent advisory panel
Part 2 of schedule 1Regulation of legal businessesFor the purpose of the Law Society of Scotland preparing its rules for authorising and regulating legal businesses in accordance with section 48.

Explanatory Note

(This note is not part of the Regulations)

These Regulations bring certain provisions of the Regulation of Legal Services (Scotland) Act 2025 (“the Act”) into force. The Bill for the Act received Royal Assent on 27 June 2025. By virtue of section 103(1) and (2), that section together with section 104 came into force that day, and sections 100 to 102 came into force on 28 June 2025.

Regulation 2(1) and (2) and schedule 1 appoint 5 March 2026 for the coming into force of sections 1 to 49 (for a limited purpose), 79, 89, 95 and schedule 2 (for a limited purpose) of the Act.

Regulation 2(3) and (4) and schedule 2 appoint 1 July 2026 for the coming into force of sections 5 (for a limited purpose), 7(2) (for a limited purpose), 38(6) (for a limited purpose), 39 (for a limited purpose), 41 to 47 (for a limited purpose), 48 (for all remaining purposes), 80 and Part 2 of schedule 1 (for a limited purpose) of the Act.

Section 79 amends schedule 1 of the Legal Profession and Legal Aid (Scotland) Act 2007 (“2007 Act”) to make changes to the length of term of board members of the Scottish Legal Complaints Commission (“the Commission”). The change also introduces flexibility in the number of board members and removes a requirement for a number of legal members to have a minimum term of practising experience.

Section 89 amends the Solicitors (Scotland) Act 1980 to remove barriers for third-sector organisations to employ solicitors directly and offer certain reserved legal services.

Section 95 creates a power for the Lord President to make rules in connection with the exercise of the Lord President’s functions under Parts 1 and 2 of the Act. Sections 1 to 49, which make up Parts 1 and 2 of the Act, and schedule 2 are commenced for the limited purpose of enabling the Lord President to produce those rules.

Section 48 requires the Law Society of Scotland to create rules in respect of the regulation of legal businesses within a time period agreed with the Lord President but no longer than 3 years. Sections 5, 7(2), 39 and 41 to 47 are commenced for the purpose of facilitating the creation of those rules. Part 2 of schedule 1 is also commenced for that limited purpose and section 38(6) is commenced for the limited purpose of introducing Part 2 of schedule 1.

Section 80 expands the functions of the independent advisory panel (known as the “Consumer Panel”) created under the 2007 Act. The Consumer Panel will have the power to make recommendations to the Commission in relation to any of its functions and to legal services regulators and the Lord President in relation to their functions conferred by the Act.

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