UK Act of Parliament 2025 Scotland

Regulation of Legal Services (Scotland) Act 2025

An Act of the Scottish Parliament to make provision in relation to the regulation of legal services.

Read the Act on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 4 of 40 obligations carry a fine up to £2,500. 3 carry different penalties and 33 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10

Plus 30 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.003 Application of the regulatory objectives (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must apply consumer fairness principles and promote equal opportunitiesStatutory regulator
s.009 Regulatory committee: composition and membership (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Publish guidance on regulatory committee member disqualificationsStatutory regulator
s.011 Regulatory committee: convener, sub-committees and minutes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Provide committee minutes within 28 days on reasonable requestStatutory regulator
s.012 Annual reports of category 1 regulators (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Category 1 regulators must publish detailed annual reportsStatutory regulator
s.013 Compensation funds (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Category 1 regulator must establish and maintain a compensation fund for dishonesty lossesStatutory regulator
s.014 Exercise of regulatory functions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Category 2 regulators must exercise functions independently, properly, and with adequate resourcesStatutory regulator
s.015 Annual reports of category 2 regulators (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Category 2 regulators must prepare and publish annual reportsStatutory regulator
s.016 Register of regulated legal services providers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must establish and maintain a public register of authorised legal services providersStatutory regulator
s.017 Professional indemnity insurance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must set professional indemnity insurance rules for legal services providersStatutory regulator
s.018 Review of regulatory performance by the Lord President (opens in a new tab) Regulated
  • Provide information about legal services regulator performance to the Lord President on requestAny Person
s.019 Measures open to the Lord President (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lord President may impose performance measures on legal regulatorsCrown / Minister / Government department
s.024 Regulatory scheme (opens in a new tab) Regulated
  • Submit draft regulatory scheme with required content for accreditationAny Person
s.025 Regulatory scheme - additional matters to be included: further provision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Accredited regulators must consult and secure Lord President's agreement before requesting regulatory changesStatutory regulator
s.026 Publication of draft regulatory scheme and representations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Publish draft regulatory scheme and invite representationsStatutory regulator
s.027 Consideration of applications (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lord President must consider and consult on draft regulatory schemesStatutory regulator
s.028 Approval of application and giving effect to the regulatory scheme (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Accredited regulator must implement and publish its regulatory schemeStatutory regulator
s.031 Offence of pretending to have acquired rights (opens in a new tab) Prosecution
  • Pretend to have acquired legal services rightsAny Person

Fine up to £2,500

s.032 Review of regulatory scheme on initiative of accredited regulator (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Accredited regulator must report scheme revisions and publish final versionStatutory regulator
s.035 Replacement regulatory arrangements for authorised providers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Businesses must be consulted if their regulator discontinuesCrown / Minister / Government department
s.039 Requirement for legal businesses to be authorised to provide legal services (opens in a new tab) Prosecution
  • Operate a legal business without authorisationAny Person

Fine up to £20,000

s.040 Offence of pretending to be an authorised legal business (opens in a new tab) Prosecution
  • Pretend to be an authorised legal businessAny Person

Fine up to £20,000

s.041 Rules for authorised legal businesses (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Category 1 regulator must make, apply and publish authorised legal business rulesStatutory regulator
s.046 Reconciling different rules (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Category 1 regulators must include rules to prevent regulatory conflicts and avoid duplicationStatutory regulator
s.047 Monitoring of performance of authorised legal businesses (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Category 1 regulator must review authorised legal business performanceStatutory regulator
s.048 Law Society of Scotland (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Law Society of Scotland must prepare ALB rules within 3 years with Lord President's approvalStatutory regulator
s.055 Regulatory complaints against authorised legal businesses (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Professional organisations must investigate and report on regulatory complaintsStatutory regulator
s.064 Unregulated providers of legal services: register, annual contributions and complaints contributions (opens in a new tab) Regulated
  • Register with the Commission if you provide unregulated legal servicesAny Person
s.090 Offence of taking or using the title of lawyer (opens in a new tab) Prosecution
  • Use the title 'lawyer' without being authorisedAny Person

Fine up to £2,500

s.091 Offence of pretending to be a regulated legal services provider (opens in a new tab) Prosecution
  • Pretend to be a regulated legal services providerAny Person

Fine up to £2,500

s.092 Offence of pretending to be a member of Faculty of Advocates (opens in a new tab) Prosecution
  • Pretend to be a member of the Faculty of AdvocatesAny Person

Fine up to £2,500

s.097 Review of Act (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must review the Act after 10 years and report to ParliamentCrown / Minister / Government department
s.098 Individual culpability for offending by an organisation (opens in a new tab) Regulated
  • Individual liability for organisational offenceAny Person
72 other provisions — procedural and definitional
s.001 Overview of the regulatory framework (opens in a new tab)
s.002 Regulatory objectives (opens in a new tab)
s.004 Professional principles (opens in a new tab)
s.005 Meaning of “legal services” and “legal services provider” (opens in a new tab)
s.006 Meaning of regulatory functions (opens in a new tab)
s.007 Regulatory categories (opens in a new tab)
s.008 Exercise of regulatory functions (opens in a new tab)
s.010 Regulatory committee: lay and legal members (opens in a new tab)
s.020 Power to direct special rule changes (opens in a new tab)
s.021 Powers to amend or revoke directions (opens in a new tab)
s.022 Register of directions (opens in a new tab)
s.023 Right to provide legal services (opens in a new tab)
s.029 Exercise of rights to provide legal services (opens in a new tab)
s.030 Surrender of rights (opens in a new tab)
s.033 Review of regulatory schemes (opens in a new tab)
s.034 Revocation of acquired rights (opens in a new tab)
s.036 Consequential amendments and repeals (opens in a new tab)
s.037 Transitional and saving provision for regulators approved under the 1990 Act (opens in a new tab)
s.038 Overview of Part (opens in a new tab)
s.042 Authorisation rules (opens in a new tab)
s.043 Appeals in relation to authorisation decisions (opens in a new tab)
s.044 Practice rules (opens in a new tab)
s.045 Financial sanctions (opens in a new tab)
s.049 Entities changing regulatory regime (opens in a new tab)
s.050 Receipt of complaints: preliminary steps (opens in a new tab)
s.051 Complaints initiated by, or continued by, the Commission (opens in a new tab)
s.052 Ineligible or premature complaints (opens in a new tab)
s.053 Commission process relating to complaints (opens in a new tab)
s.054 Commission’s duty to investigate and determine services complaints (opens in a new tab)
s.056 Services complaint: sanctions (opens in a new tab)
s.057 Commission decision making and delegation (opens in a new tab)
s.058 Commission review committee (opens in a new tab)
s.059 Disclosure of information by practitioners etc. to the Commission and relevant professional organisations (opens in a new tab)
s.060 Power of Commission to request practitioner’s details in connection with complaints (opens in a new tab)
s.061 Services complaints: special provision for complaints against unregulated persons (opens in a new tab)
s.062 Handling complaints (opens in a new tab)
s.063 Annual general levy and complaints levy (opens in a new tab)
s.065 Commission rules as to practice and procedure (opens in a new tab)
s.066 Conduct or regulatory complaint raised by relevant professional organisation (opens in a new tab)
s.067 Conduct or regulatory complaint appears to relevant professional organisation during investigation to be services complaint (opens in a new tab)
s.068 Conduct complaints: consideration by relevant professional organisations (opens in a new tab)
s.069 Complaints: monitoring and setting of minimum standards by the Commission (opens in a new tab)
s.070 Compensation funds: setting of minimum standards by the Commission (opens in a new tab)
s.071 Enforcement of minimum standards (opens in a new tab)
s.072 Obtaining information from practitioners (opens in a new tab)
s.073 Power to disclose information about complaints: Commission (opens in a new tab)
s.074 Restriction on disclosure of information: Commission (opens in a new tab)
s.075 Power to disclose information about complaints: relevant professional organisations (opens in a new tab)
s.076 Restriction on disclosure of information: relevant professional organisations (opens in a new tab)
s.077 Conduct complaints: power to impose unlimited fine and removal of power to award compensation (opens in a new tab)
s.078 Faculty of Advocates: complaint of professional misconduct and publication of decision (opens in a new tab)
s.079 Commission membership (opens in a new tab)
s.080 Role of the independent advisory panel (opens in a new tab)
s.081 Commission reports (opens in a new tab)
s.082 Minor and consequential amendments (opens in a new tab)
s.083 Financial sanctions (opens in a new tab)
s.084 Licensing rules: fees (opens in a new tab)
s.085 Removal of requirement to act for fee, gain or reward (opens in a new tab)
s.086 Eligibility criteria: law centres (opens in a new tab)
s.087 Majority ownership (opens in a new tab)
s.088 Non-solicitor investors: factors as to fitness (opens in a new tab)
s.089 Removal of practising restrictions: law centres, citizens advice bodies and charities (opens in a new tab)
s.093 Time limit for prosecution of offences (opens in a new tab)
s.094 Power of the Scottish Ministers to adjust restricted legal services (opens in a new tab)
s.095 Lord President’s functions under Parts 1 and 2: rule-making making power (opens in a new tab)
s.096 Modification of other enactments (opens in a new tab)
s.099 Civil enforcement in relation to offences (opens in a new tab)
s.100 Regulations (opens in a new tab)
s.101 Ancillary provision (opens in a new tab)
s.102 Interpretation (opens in a new tab)
s.103 Commencement (opens in a new tab)
s.104 Short title (opens in a new tab)
Schedules

Schedules

8 of 105 shown
s.sch002 Decision Regulated
Other duties (1) — Crown / regulator
  • Lord President must include statement in decision notice when proceeding with a measureCrown / Minister / Government department
s.sch002 Decision Regulated
Other duties (1) — Crown / regulator
  • Lord President must state proposed changes and reasons in decision noticeCrown / Minister / Government department
s.sch002 Notice of intention Regulated
Other duties (1) — Crown / regulator
  • Lord President must give notice of intention before taking regulatory measureCrown / Minister / Government department
s.sch002 Consultation Regulated
Other duties (1) — Crown / regulator
  • Lord President must consult authorised providers before removing all regulatory functions from a regulatorCrown / Minister / Government department
s.sch002 Decision Regulated
Other duties (1) — Crown / regulator
  • Lord President must decide on proposed regulatory measures and issue decision noticesCrown / Minister / Government department
s.sch002 Decision Regulated
Other duties (1) — Crown / regulator
  • Regulator must publish targets set after Lord President's requirementStatutory regulator
s.sch002 Power to direct Regulated
Other duties (1) — Crown / regulator
  • Regulator must comply with Lord President's directionsStatutory regulator
s.sch003 Procedure relating to complaints Regulated
Other duties (1) — Crown / regulator
  • Council must make procedural rules for complaints with consultation and approvalStatutory regulator
97 other schedules
s.sch001 Exercise of regulatory functions
s.sch001 Suspension of authorisation
s.sch001 Consultants
s.sch001 Offence of disqualified solicitors dishonestly seeking employment
s.sch001 Rules as to professional practice, conduct and discipline
s.sch001 Rules as to accounts etc.
s.sch001 (1) Section 36 of the 1980 Act (interest on client’s...
s.sch001 (1) Section 37 of the 1980 Act (accountant’s certificates) is...
s.sch001 (1) Section 37A of the 1980 Act (accounts and anti-money...
s.sch001 Powers where excessive fees etc. charged
s.sch001 Powers where failure to comply with rules
s.sch001 (1) Section 3B of the 1980 Act is amended as...
s.sch001 Judicial factors
s.sch001 Distribution of sums in client bank account
s.sch001 Client Protection Fund
s.sch001 (1) Part 1 of schedule 3 of the 1980 Act...
s.sch001 (1) Part 2 of schedule 3 of the 1980 Act...
s.sch001 Professional indemnity
s.sch001 Safeguarding interests of clients
s.sch001 Recovery of expenses of intervention
s.sch001 Restrictions on employing a struck off or suspended solicitor
s.sch001 Complaints
s.sch001 The following sections of the 1980 Act are repealed—
s.sch001 (1) Section 52 of the 1980 Act (procedure on complaints...
s.sch001 (1) Section 53 of the 1980 Act (powers of Tribunal)...
s.sch001 (1) Section 54 of the 1980 Act (appeals from decisions...
s.sch001 (1) Part 2 of schedule 4 of the 1980 Act...
s.sch001 Protection of banks
s.sch001 Recovery of Council’s expenses
s.sch001 Service of notices
s.sch001 Interpretation
s.sch001 Revenue powers in respect of authorised legal businesses
s.sch001 (1) Section 3F of the 1980 Act (meaning of regulatory...
s.sch001 (1) Section 3G of the 1980 Act (extended meaning of...
s.sch001 Client Protection Fund
s.sch001 (1) Schedule 3 of the 1980 Act is amended as...
s.sch001 In section 39 of the 2007 Act (monitoring effectiveness of...
s.sch001 Regulatory functions
s.sch002 Application
s.sch002 Power to censure
s.sch002 Application
s.sch002 Power to make changes
s.sch002 Parliamentary procedure for regulations
s.sch002 Application
s.sch002 Power to set targets
s.sch002 Meaning of relevant persons or bodies
s.sch002 Application
s.sch002 Decision
s.sch002 Extension of time to comply
s.sch002 Enforcement
s.sch002 Application
s.sch003 Regulatory objectives and professional principles
s.sch003 Regulatory complaints
s.sch003 Publication of decisions
s.sch003 Other modifications
s.sch003 Legal Aid (Scotland) Act 1986
s.sch003 Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
s.sch003 Legal Profession and Legal Aid (Scotland) Act 2007
s.sch003 Legal Services (Scotland) Act 2010
s.sch003 The roll and other registers
s.sch003 (1) The 1990 Act is amended as follows.
s.sch003 (1) The 2010 Act is amended as follows.
s.sch003 Restoration of name to roll: appeals
s.sch003 Restoration of name to register of European lawyers: appeals
s.sch003 Restoration of name to register of foreign lawyers: appeals
s.sch003 Restoration of name to roll or register: expenses
s.sch003 Practising certificates
s.sch003 Registration certificates
s.sch003 Powers where excessive fees etc. charged
s.sch003 Powers where failure to comply with rules
s.sch003 Previous findings of record
s.sch003 The Client Protection Fund
s.sch003 New regulators
s.sch003 (1) The 2007 Act is amended as follows.
s.sch003 (1) The 2010 Act is amended as follows.
s.sch003 Investment business certificates
s.sch003 Appeals from decisions of Tribunal
s.sch003 Constitution of Tribunal
s.sch003 Procedure of Tribunal
s.sch003 Communicating and giving effect to Tribunal decisions
s.sch003 Appeal against decision of Tribunal to dismiss before enquiry
s.sch003 Finality of decisions
s.sch003 Other modifications
s.sch003 (1) The Legal Aid (Scotland) Act 1986 is amended as...
s.sch003 Freedom of information
s.sch003 Removal of special provision for confirmation agents and will writers etc.
s.sch003 (1) The 2010 Act is amended as follows.
s.sch003 In the Enterprise and Regulatory Reform Act 2013, in schedule...
s.sch003 Civil enforcement of certain offences
s.sch003 After section 74 of the 2010 Act insert— Civil enforcement...
s.sch003 Disclosure requirements in connection with new offences
s.sch003 (1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)...
s.sch003 (1) The 2010 Act is amended as follows.
s.sch003 (1) The Courts Reform (Scotland) Act 2014 is amended as...
s.sch003 (1) The Inquiries into Fatal Accidents and Sudden Deaths etc....
s.sch003 Renaming etc. of Association of Commercial Attorneys
s.sch003 Conduct complaints suggesting unsatisfactory professional conduct

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