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Regulation of Legal Services (Scotland) Act 2025

Type Act of the Scottish Parliament

Publication 2025-06-27

Last updated 2026-03-05

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(i) in a case where the regulator falls within paragraph 13(6), the changes that the Lord President intends to direct the regulator to make to its scheme or, as the case may be, that the Lord President intends to remove all of the regulatory functions of the regulator,

(ii) in any other case, the changes that the Lord President intends to ask the Scottish Ministers to make to the regulatory functions exercised by the regulator or to the way in which any of the regulatory functions of the regulator are to be exercised by it, and

(b) explain why the Lord President considers the changes to be appropriate.

(2) The date by which regulations may be made must not be within the period of 3 months beginning with the day on which the decision notice is given to the regulator.

Parliamentary procedure for regulations

15

(1) The Scottish Ministers may not make regulations under paragraph 13 (4) unless—

(a) the Lord President has given the regulator a decision notice as required under paragraph 19 (2),

(b) they have laid before the Scottish Parliament—

(i) the draft regulations, and

(ii) an explanatory document, and

(2) The explanatory document must give details of—

(a) any representations received as a result of the consultation under paragraph 18,

(b) any representation received as a result of the consultation on the draft regulations,

Part 5 — Procedure for imposing a measure

Application

16

This Part applies to the Lord President taking any measure mentioned in section 19 (4) against a category 1 or category 2 regulator.

Notice of intention

17

(1) Before taking a measure against the regulator, the Lord President must give it a notice (a “notice of intention”) of the Lord President’s intention to do so.

(2) The notice of intention must set out the details of the proposed measure and, in particular, must—

(a) state the type of measure (or measures) that the Lord President intends to take,

(b) set out the details of what the Lord President proposes under the measure,

Consultation

18

(1) The regulator has 28 days beginning with the date of receipt of the notice of intention (or such longer period as the regulator and the Lord President may agree) to make representations to the Lord President about the proposed measure.

(2) The Lord President must—

(a) publish the notice of intention in such manner as the Lord President considers most appropriate for bringing it to the attention of any relevant person or body,

(b) give a copy of the notice of intention to such person or body as the Lord President considers appropriate,

(i) give the recipients under paragraph (b) a copy of any representations received from the regulator,

(ii) consult them accordingly in relation to the proposed measure (which consultation must provide at least 21 days for the consultees to respond).

(3) Where the proposed measure is to remove all of the regulatory functions of the regulator as mentioned in section 19(4)(f), the Lord President must—

(a) give a copy of the notice of intention under sub-paragraph (2)(b) to each person who is authorised by the regulator to provide legal services (“the authorised providers”), and

(b) consult the authorised providers in accordance with sub-paragraph (2)(c) about, in particular, in the event that all of the regulatory functions are removed from the regulator whether a majority of the authorised providers would like—

(i) another category 1 or category 2 regulator to authorise them to exercise their acquired rights (or such of them as may be surrendered) and regulate their exercise of the acquired rights (if that other regulator is content to so authorise and regulate them), or

(ii) to form a body and submit an application under section 23 seeking accreditation of the body to authorise them to exercise their acquired rights (or such of them as may be surrendered) and regulate their exercise of the acquired rights.

(4) For the purpose of sub-paragraph (3), the Lord President may direct the regulator to give to each of the authorised providers (on the Lord President’s behalf) a copy of the notice of intention and the information required for the consultation.

Decision

19

(1) The Lord President must have regard to any representations made to the Lord President by the regulator, or any consultee under paragraph 18 (2)(c), when deciding whether to proceed with the proposed measure.

(2) The Lord President must—

(a) give a notice of the Lord President’s decision (a “decision notice”) to the regulator,

(b) notify the consultees under paragraph 18 (2)(c) of the Lord President’s decision,

(c) publish the decision notice in such manner as the Lord President considers most appropriate for bringing it to the attention of any relevant person or body.

(3) The decision notice must—

(a) explain the Lord President’s reasons for proceeding with the measure,

(b) set out the details of the action the Lord President is taking under the measure as required by the relevant Part of this schedule, and

(c) if appropriate, specify the date from which the measure will take effect (which may be the date on which that notice is given).

Meaning of relevant persons or bodies

20

For the purposes of this Part, relevant persons or bodies include—

(a) other category 1 and category 2 regulators,

(b) legal services providers,

(d) members of the public.

Schedule 3

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,

(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 1of 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).

(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.

(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) (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”,

(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).

(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) (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,

(d) subsection (4) is repealed.

(5) After section 51, insert—

(51A) (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) (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) (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) (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) (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) (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) (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,

(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).

(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) (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.

(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,

(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,

(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,

(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,

(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”,

(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”,

(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—

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