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Reform history

Regulation of Legal Services (Scotland) Act 2025

3 versions · 2025-06-27

2026-03-05

Regulation of Legal Services (Scotland) Act 2025

View changes Text at this date

2025-06-28

Regulation of Legal Services (Scotland) Act 2025

View changes Text at this date

Changes on 2025-06-28

@@ -10,59 +10,59 @@

##### 1

- (1) [Chapter 1](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/1/enacted) makes provision in respect of—

- (a) the objectives of regulating legal services and how they are to be applied (see [sections 2](https://www.legislation.gov.uk/asp/2025/8/section/2/enacted) and [3](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted)),

- (b) the professional principles (see [section 4](https://www.legislation.gov.uk/asp/2025/8/section/4/enacted)),

- (c) defining key expressions for the purposes of this Act (see [sections 5](https://www.legislation.gov.uk/asp/2025/8/section/5/enacted) and [6](https://www.legislation.gov.uk/asp/2025/8/section/6/enacted)).

- (2) [Chapter 2](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/2/enacted) makes provision in respect of regulators of legal services, which includes—

- (a) establishing two categories of regulator and assigning the existing regulators to one of those categories (see [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted)),

- (1) [Chapter 1](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/1/2025-06-28) makes provision in respect of—

- (a) the objectives of regulating legal services and how they are to be applied (see [sections 2](https://www.legislation.gov.uk/asp/2025/8/section/2/2025-06-28) and [3](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28)),

- (b) the professional principles (see [section 4](https://www.legislation.gov.uk/asp/2025/8/section/4/2025-06-28)),

- (c) defining key expressions for the purposes of this Act (see [sections 5](https://www.legislation.gov.uk/asp/2025/8/section/5/2025-06-28) and [6](https://www.legislation.gov.uk/asp/2025/8/section/6/2025-06-28)).

- (2) [Chapter 2](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/2/2025-06-28) makes provision in respect of regulators of legal services, which includes—

- (a) establishing two categories of regulator and assigning the existing regulators to one of those categories (see [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/2025-06-28)),

- (b) setting the requirements for a category 1 regulator, which include—

- (i) having an independent regulatory committee (where necessary) which is responsible for exercising its regulatory functions (see [sections 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted) to [11](https://www.legislation.gov.uk/asp/2025/8/section/11/enacted)),

- (ii) preparing an annual report (see section [12](https://www.legislation.gov.uk/asp/2025/8/section/12/enacted)),

- (iii) having a compensation fund (see [section 13](https://www.legislation.gov.uk/asp/2025/8/section/13/enacted)),

- (i) having an independent regulatory committee (where necessary) which is responsible for exercising its regulatory functions (see [sections 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28) to [11](https://www.legislation.gov.uk/asp/2025/8/section/11/2025-06-28)),

- (ii) preparing an annual report (see section [12](https://www.legislation.gov.uk/asp/2025/8/section/12/2025-06-28)),

- (iii) having a compensation fund (see [section 13](https://www.legislation.gov.uk/asp/2025/8/section/13/2025-06-28)),

- (c) setting the requirements for a category 2 regulator, which include—

- (i) exercising its regulatory functions independently of any other functions it has and properly in all respects (see [section 14](https://www.legislation.gov.uk/asp/2025/8/section/14/enacted)),

- (ii) preparing an annual report (see section [15](https://www.legislation.gov.uk/asp/2025/8/section/15/enacted)),

- (i) exercising its regulatory functions independently of any other functions it has and properly in all respects (see [section 14](https://www.legislation.gov.uk/asp/2025/8/section/14/2025-06-28)),

- (ii) preparing an annual report (see section [15](https://www.legislation.gov.uk/asp/2025/8/section/15/2025-06-28)),

- (d) requiring both category 1 and category 2 regulators to—

- (i) maintain a publicly available register of the legal services providers that it regulates (see section [16](https://www.legislation.gov.uk/asp/2025/8/section/16/enacted)), and

- (ii) have rules in respect of professional indemnity insurance (see section [17](https://www.legislation.gov.uk/asp/2025/8/section/17/enacted)),

- (e) setting out the role and powers of the Lord President in respect of regulators and the regulatory framework (see [sections 18](https://www.legislation.gov.uk/asp/2025/8/section/18/enacted) and [19](https://www.legislation.gov.uk/asp/2025/8/section/19/enacted) and [schedule 2](https://www.legislation.gov.uk/asp/2025/8/schedule/2/enacted)),

- (f) conferring power on regulators to make special rule changes in relation to a particular legal services provider where it is appropriate to do so (see [sections 20](https://www.legislation.gov.uk/asp/2025/8/section/20/enacted) to [22](https://www.legislation.gov.uk/asp/2025/8/section/22/enacted)).

- (3) Paragraph [40](https://www.legislation.gov.uk/asp/2025/8/schedule/3/paragraph/40/enacted) of schedule [3](https://www.legislation.gov.uk/asp/2025/8/schedule/3/enacted) provides for category 1 regulators to be subject to the Freedom of Information (Scotland) Act 2002 in respect of the exercise of their regulatory functions.

- (4) [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) makes provision about the process for a body to become accredited to authorise persons and acquire and exercise rights to provide legal services, which includes—

- (a) applications and the application process (see [sections 23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted) and [26](https://www.legislation.gov.uk/asp/2025/8/section/26/enacted)),

- (b) requiring the applicant to produce a draft regulatory scheme, which must meet certain requirements (see [section 24](https://www.legislation.gov.uk/asp/2025/8/section/24/enacted)),

- (c) the manner in which applications are to be considered and approved (see [sections 27](https://www.legislation.gov.uk/asp/2025/8/section/27/enacted) and [28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted)),

- (d) how any rights acquired by persons authorised by the accredited regulator are to be exercised (see [section 29](https://www.legislation.gov.uk/asp/2025/8/section/29/enacted)),

- (e) how the rights may be surrendered or revoked (and what happens to the providers affected) (see [sections 30](https://www.legislation.gov.uk/asp/2025/8/section/30/enacted), [34](https://www.legislation.gov.uk/asp/2025/8/section/34/enacted) and [35](https://www.legislation.gov.uk/asp/2025/8/section/35/enacted)),

- (f) the review of regulatory schemes (see [sections 32](https://www.legislation.gov.uk/asp/2025/8/section/32/enacted) and [33](https://www.legislation.gov.uk/asp/2025/8/section/33/enacted)).

- (5) [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of schedule [1](https://www.legislation.gov.uk/asp/2025/8/schedule/1/enacted) makes amendments to enactments relating to the Law Society in consequence of the Society being a category 1 regulator and [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of [schedule 3](https://www.legislation.gov.uk/asp/2025/8/schedule/3/enacted) makes other consequential amendments relating to the Society.

- (i) maintain a publicly available register of the legal services providers that it regulates (see section [16](https://www.legislation.gov.uk/asp/2025/8/section/16/2025-06-28)), and

- (ii) have rules in respect of professional indemnity insurance (see section [17](https://www.legislation.gov.uk/asp/2025/8/section/17/2025-06-28)),

- (e) setting out the role and powers of the Lord President in respect of regulators and the regulatory framework (see [sections 18](https://www.legislation.gov.uk/asp/2025/8/section/18/2025-06-28) and [19](https://www.legislation.gov.uk/asp/2025/8/section/19/2025-06-28) and [schedule 2](https://www.legislation.gov.uk/asp/2025/8/schedule/2/2025-06-28)),

- (f) conferring power on regulators to make special rule changes in relation to a particular legal services provider where it is appropriate to do so (see [sections 20](https://www.legislation.gov.uk/asp/2025/8/section/20/2025-06-28) to [22](https://www.legislation.gov.uk/asp/2025/8/section/22/2025-06-28)).

- (3) Paragraph [40](https://www.legislation.gov.uk/asp/2025/8/schedule/3/paragraph/40/2025-06-28) of schedule [3](https://www.legislation.gov.uk/asp/2025/8/schedule/3/2025-06-28) provides for category 1 regulators to be subject to the Freedom of Information (Scotland) Act 2002 in respect of the exercise of their regulatory functions.

- (4) [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) makes provision about the process for a body to become accredited to authorise persons and acquire and exercise rights to provide legal services, which includes—

- (a) applications and the application process (see [sections 23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28) and [26](https://www.legislation.gov.uk/asp/2025/8/section/26/2025-06-28)),

- (b) requiring the applicant to produce a draft regulatory scheme, which must meet certain requirements (see [section 24](https://www.legislation.gov.uk/asp/2025/8/section/24/2025-06-28)),

- (c) the manner in which applications are to be considered and approved (see [sections 27](https://www.legislation.gov.uk/asp/2025/8/section/27/2025-06-28) and [28](https://www.legislation.gov.uk/asp/2025/8/section/28/2025-06-28)),

- (d) how any rights acquired by persons authorised by the accredited regulator are to be exercised (see [section 29](https://www.legislation.gov.uk/asp/2025/8/section/29/2025-06-28)),

- (e) how the rights may be surrendered or revoked (and what happens to the providers affected) (see [sections 30](https://www.legislation.gov.uk/asp/2025/8/section/30/2025-06-28), [34](https://www.legislation.gov.uk/asp/2025/8/section/34/2025-06-28) and [35](https://www.legislation.gov.uk/asp/2025/8/section/35/2025-06-28)),

- (f) the review of regulatory schemes (see [sections 32](https://www.legislation.gov.uk/asp/2025/8/section/32/2025-06-28) and [33](https://www.legislation.gov.uk/asp/2025/8/section/33/2025-06-28)).

- (5) [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of schedule [1](https://www.legislation.gov.uk/asp/2025/8/schedule/1/2025-06-28) makes amendments to enactments relating to the Law Society in consequence of the Society being a category 1 regulator and [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of [schedule 3](https://www.legislation.gov.uk/asp/2025/8/schedule/3/2025-06-28) makes other consequential amendments relating to the Society.

### Regulatory objectives

@@ -92,23 +92,23 @@

- (i) use and promote best practice in relation to assessing and improving the quality of regulation and compliance with applicable legislation and rules,

- (ii) adhere to the regulatory principles described in [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/3/4/enacted), and

- (ii) adhere to the regulatory principles described in [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/3/4/2025-06-28), and

- (iii) promote and maintain adherence to the professional principles.

- (2) In this Act, the “regulatory objectives” are the objectives described in [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/enacted).

- (2) In this Act, the “regulatory objectives” are the objectives described in [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/2025-06-28).

#### Application of the regulatory objectives

##### 3

- (1) A regulatory authority must so far as practicable exercise its regulatory functions (see [section 6](https://www.legislation.gov.uk/asp/2025/8/section/6/enacted)) in a manner which—

- (1) A regulatory authority must so far as practicable exercise its regulatory functions (see [section 6](https://www.legislation.gov.uk/asp/2025/8/section/6/2025-06-28)) in a manner which—

- (a) is compatible with the regulatory objectives, and

- (b) it considers most appropriate to meet those objectives.

- (2) For the purpose of [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/b/enacted) and [(c)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/c/enacted), a regulatory authority must take into account the principles that—

- (2) For the purpose of [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/b/2025-06-28) and [(c)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/c/2025-06-28), a regulatory authority must take into account the principles that—

- (a) a consumer should have access to a range of legal services that are affordable and suited to the consumer’s needs,

@@ -120,9 +120,9 @@

- (e) the views of consumers should be understood and taken into account.

- (3) Without limit to the generality of [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/enacted)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/c/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/c/ii/enacted), a regulatory authority must encourage equal opportunities (as defined in Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

- (4) For the purpose of [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/enacted)[(d)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/d/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/d/ii/enacted), the regulatory principles are—

- (3) Without limit to the generality of [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/2025-06-28)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/c/2025-06-28)[(ii)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/c/ii/2025-06-28), a regulatory authority must encourage equal opportunities (as defined in Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

- (4) For the purpose of [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/2025-06-28)[(d)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/d/2025-06-28)[(ii)](https://www.legislation.gov.uk/asp/2025/8/section/2/1/d/ii/2025-06-28), the regulatory principles are—

- (a) that regulatory functions should be—

@@ -132,7 +132,7 @@

- (b) that regulatory functions should be exercised in a way that contributes to achieving sustainable economic growth, except to the extent that it would be inconsistent with the regulatory objectives to do so.

- (5) For the purpose of [this section](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted), the regulatory authorities are—

- (5) For the purpose of [this section](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28), the regulatory authorities are—

- (a) the Court of Session,

@@ -176,7 +176,7 @@

- (h) act in conformity with professional ethics.

- (2) In this Act, the “professional principles” are the principles described in subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/4/1/enacted).

- (2) In this Act, the “professional principles” are the principles described in subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/4/1/2025-06-28).

### Meaning of key expressions

@@ -210,7 +210,7 @@

- (d) any activity which involves acting as a third party decision-maker or facilitator in a type of alternative dispute resolution.

- (3) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/a/enacted)[(iii)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/a/iii/enacted) and [(b)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/b/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/b/ii/enacted), “*legal disputes*” includes disputes as to any matter of fact the resolution of which is relevant to determining the nature of any person’s legal rights or obligations.

- (3) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/a/2025-06-28)[(iii)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/a/iii/2025-06-28) and [(b)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/b/2025-06-28)[(ii)](https://www.legislation.gov.uk/asp/2025/8/section/5/1/b/ii/2025-06-28), “*legal disputes*” includes disputes as to any matter of fact the resolution of which is relevant to determining the nature of any person’s legal rights or obligations.

- (4) In this Act, “*legal services provider*” means a person or body that provides legal services (whether or not directly to the public and whether or not the person’s provision of such legal services is regulated).

@@ -250,7 +250,7 @@

- (3) The Faculty of Advocates (acting on behalf of the Court of Session) and the Association of Construction Attorneys are assigned as category 2 regulators.

- (4) A body that has been approved under [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted) as an accredited regulator is, until such time as the Scottish Ministers make regulations under [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/28/6/enacted) of that section, deemed to be assigned as a category 2 regulator.

- (4) A body that has been approved under [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/2025-06-28) as an accredited regulator is, until such time as the Scottish Ministers make regulations under [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/28/6/2025-06-28) of that section, deemed to be assigned as a category 2 regulator.

- (5) The Scottish Ministers may by regulations amend this section to—

@@ -260,7 +260,7 @@

- (ii) a body which has had an application under section 25 of the 1990 Act granted under section 26 of that Act,

- (b) add a body which is approved under [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted) as an accredited regulator and assign its regulatory category,

- (b) add a body which is approved under [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/2025-06-28) as an accredited regulator and assign its regulatory category,

- (c) remove a body that has ceased to be a regulator,

@@ -278,7 +278,7 @@

- (8) But the Scottish Ministers may exercise the power to make regulations under subsection (5)(a) only following, and in accordance with, a request to exercise the power received from the Lord President.

- (9) Before making a request referred to in [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/7/8/enacted), the Lord President—

- (9) Before making a request referred to in [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/7/8/2025-06-28), the Lord President—

- (a) must consult—

@@ -296,15 +296,15 @@

- (ii) such other person or body as the Lord President considers appropriate.

- (10) A request under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/7/8/enacted) must include—

- (10) A request under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/7/8/2025-06-28) must include—

- (a) a document setting out the reasons for the request, and

- (b) copies of any written representations received in response to the consultation under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/7/9/enacted).

- (11) As soon as reasonably practicable after making a request under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/7/8/enacted), the Lord President must publish the documents included with the request in such manner as the Lord President considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (12) For the purposes of subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/7/1/enacted), “*regulator*” means—

- (b) copies of any written representations received in response to the consultation under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/7/9/2025-06-28).

- (11) As soon as reasonably practicable after making a request under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/7/8/2025-06-28), the Lord President must publish the documents included with the request in such manner as the Lord President considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (12) For the purposes of subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/7/1/2025-06-28), “*regulator*” means—

- (a) the Law Society,

@@ -402,21 +402,21 @@

- (5) The regulatory committee may determine that a person may not be a member of the regulatory committee if the person has been convicted of an offence other than one referred to in subsection (4)(d).

- (6) At least 50% of the members of a regulatory committee (and any sub-committee of it) of a category 1 regulator are to be lay members (see section [10](https://www.legislation.gov.uk/asp/2025/8/section/10/enacted)).

- (7) The regulatory committee may co-opt persons who are not members of the regulatory committee (subject to subsections (3)(b) and (4)).

- (8) The validity of any proceedings of a regulatory committee (or any subcommittee of it) is not affected by a vacancy in membership.

- (9) For the purpose of [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/9/4/enacted), a professional or disciplinary body is a body which, in the opinion of the category 1 regulator, regulates the provision of professional services (such as law or accountancy) by means of requiring persons who wish to provide those services to meet certain standards and criteria and adhere to rules governing acceptable practice and conduct.

- (10) A category 1 regulator must publish guidance in respect of how it applies subsection [(4)](https://www.legislation.gov.uk/asp/2025/8/section/9/4/enacted) in such a manner as to bring it to the attention of persons who are likely to be interested in the membership of its regulatory committee.

- (9) For the purpose of [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/9/4/2025-06-28), a professional or disciplinary body is a body which, in the opinion of the category 1 regulator, regulates the provision of professional services (such as law or accountancy) by means of requiring persons who wish to provide those services to meet certain standards and criteria and adhere to rules governing acceptable practice and conduct.

- (10) A category 1 regulator must publish guidance in respect of how it applies subsection [(4)](https://www.legislation.gov.uk/asp/2025/8/section/9/4/2025-06-28) in such a manner as to bring it to the attention of persons who are likely to be interested in the membership of its regulatory committee.

#### Regulatory committee: lay and legal members

##### 10

- (1) To be appointable as a lay member of a regulatory committee, a person must meet the criteria in [subsections (2)](https://www.legislation.gov.uk/asp/2025/8/section/10/2/enacted) and [(3)](https://www.legislation.gov.uk/asp/2025/8/section/10/3/enacted).

- (1) To be appointable as a lay member of a regulatory committee, a person must meet the criteria in [subsections (2)](https://www.legislation.gov.uk/asp/2025/8/section/10/2/2025-06-28) and [(3)](https://www.legislation.gov.uk/asp/2025/8/section/10/3/2025-06-28).

- (2) The person must appear to the regulatory committee (or, in a case where the committee is unable to do so, the category 1 regulator) to be—

@@ -434,7 +434,7 @@

- (c) a conveyancing or executry practitioner as defined in section 23 of the 1990 Act,

- (d) a person who has acquired a right to provide legal services by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) (or under section 27 of the 1990 Act),

- (d) a person who has acquired a right to provide legal services by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) (or under section 27 of the 1990 Act),

- (e) regulated or represented by—

@@ -456,7 +456,7 @@

- (a) be chaired by a person other than a lay member,

- (b) co-opt persons who are not members of the regulatory committee (subject to section [9](https://www.legislation.gov.uk/asp/2025/8/section/9/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/9/3/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/9/3/b/enacted) and [(4)](https://www.legislation.gov.uk/asp/2025/8/section/9/4/enacted)),

- (b) co-opt persons who are not members of the regulatory committee (subject to section [9](https://www.legislation.gov.uk/asp/2025/8/section/9/2025-06-28)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/9/3/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/9/3/b/2025-06-28) and [(4)](https://www.legislation.gov.uk/asp/2025/8/section/9/4/2025-06-28)),

- (c) with the approval of the regulatory committee, arrange for the exercise of any function, other than the function described in section 8(5)(a)(ii), by an individual (which may be a member of staff of the regulator).

@@ -472,17 +472,17 @@

##### 12

- (1) A category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, must prepare a report on the exercise of its regulatory functions as soon as practicable after the end of each reporting year.

- (1) A category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, must prepare a report on the exercise of its regulatory functions as soon as practicable after the end of each reporting year.

- (2) The report must include—

- (a) information demonstrating how the category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, is complying with the regulatory objectives,

- (b) information as to how the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, is carrying out its regulatory functions,

- (c) a statement on the strategic priorities of the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, for the next reporting year in relation to its regulatory functions,

- (d) a copy of the regulator’s or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, annual accounts (in so far as they are relevant to the carrying out of regulatory functions),

- (a) information demonstrating how the category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, is complying with the regulatory objectives,

- (b) information as to how the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, is carrying out its regulatory functions,

- (c) a statement on the strategic priorities of the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, for the next reporting year in relation to its regulatory functions,

- (d) a copy of the regulator’s or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, annual accounts (in so far as they are relevant to the carrying out of regulatory functions),

- (e) a summary of decisions to pay out from the compensation fund, including details on—

@@ -512,17 +512,17 @@

- (iv) the changes in such trends (if any) from the previous report,

- (i) where the Commission has given a direction in relation to the handling of complaints, details of how the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, has complied with it,

- (j) where the Commission has given a direction in relation to the compensation fund, details of how the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, has complied with it,

- (k) details of steps taken by the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, to ensure compliance with any measures taken under section [19](https://www.legislation.gov.uk/asp/2025/8/section/19/enacted) by the Lord President,

- (l) except in the case where the regulator is the Law Society, a statement indicating whether the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, considers the category which it has been assigned is appropriate for the purposes of [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted) (having regard to [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted)[(6)](https://www.legislation.gov.uk/asp/2025/8/section/7/6/enacted)).

- (3) Where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies—

- (a) the category 1 regulator must make available to its regulatory committee such information as the committee may require to prepare an annual report under [this section](https://www.legislation.gov.uk/asp/2025/8/section/12/enacted),

- (i) where the Commission has given a direction in relation to the handling of complaints, details of how the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, has complied with it,

- (j) where the Commission has given a direction in relation to the compensation fund, details of how the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, has complied with it,

- (k) details of steps taken by the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, to ensure compliance with any measures taken under section [19](https://www.legislation.gov.uk/asp/2025/8/section/19/2025-06-28) by the Lord President,

- (l) except in the case where the regulator is the Law Society, a statement indicating whether the regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, considers the category which it has been assigned is appropriate for the purposes of [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/2025-06-28) (having regard to [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/2025-06-28)[(6)](https://www.legislation.gov.uk/asp/2025/8/section/7/6/2025-06-28)).

- (3) Where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies—

- (b) the report must include such information as the committee considers relevant about—

@@ -532,9 +532,9 @@

- (c) the regulatory committee must involve the governing body of the regulator in the preparation of the report.

- (4) When preparing an annual report, a category 1 regulator, or where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee must consult the independent advisory panel of the Commission.

- (5) A category 1 regulator, or where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, must—

- (4) When preparing an annual report, a category 1 regulator, or where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee must consult the independent advisory panel of the Commission.

- (5) A category 1 regulator, or where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, must—

- (a) publish its annual report by such electronic means as the regulator (or regulatory committee) considers appropriate, and

@@ -542,7 +542,7 @@

as soon as practicable after the end of the reporting year to which the annual report relates.

- (6) In [this section](https://www.legislation.gov.uk/asp/2025/8/section/12/enacted)—

- (6) In [this section](https://www.legislation.gov.uk/asp/2025/8/section/12/2025-06-28)—

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

@@ -556,11 +556,11 @@

- (1) A category 1 regulator must establish and maintain a fund for the purpose of making grants to compensate persons who suffer financial loss by reason of dishonesty by a legal services provider regulated by the regulator (or a provider it regulated at the time the dishonesty occurred).

- (2) Where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, the fund must be under the management and control of the regulatory committee.

- (3) It is for the category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, to determine whether to make payments from the fund.

- (4) A category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee must have rules in relation to the fund which—

- (2) Where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, the fund must be under the management and control of the regulatory committee.

- (3) It is for the category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, to determine whether to make payments from the fund.

- (4) A category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee must have rules in relation to the fund which—

- (a) state the minimum monetary amount to be contained in the fund,

@@ -578,13 +578,13 @@

- (f) make provision for the destination or distribution of the fund in the event that the regulator ceases to operate.

- (5) The rules for the fund may also include such further provision as the category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee considers necessary or expedient for the operation of the fund.

- (6) Before making or amending rules in pursuance of [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/13/4/enacted), the category 1 regulator, or where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee must consult the independent advisory panel of the Commission.

- (7) Where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, when making or amending rules in pursuance of [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/13/4/enacted), the regulatory committee of a category 1 regulator must have regard to the views of the governing body of the regulator.

- (8) The Scottish Ministers may by regulations make further provision in connection with funds established under [this section](https://www.legislation.gov.uk/asp/2025/8/section/13/enacted) and the rules a category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee, must have for such funds.

- (5) The rules for the fund may also include such further provision as the category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee considers necessary or expedient for the operation of the fund.

- (6) Before making or amending rules in pursuance of [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/13/4/2025-06-28), the category 1 regulator, or where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee must consult the independent advisory panel of the Commission.

- (7) Where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, when making or amending rules in pursuance of [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/13/4/2025-06-28), the regulatory committee of a category 1 regulator must have regard to the views of the governing body of the regulator.

- (8) The Scottish Ministers may by regulations make further provision in connection with funds established under [this section](https://www.legislation.gov.uk/asp/2025/8/section/13/2025-06-28) and the rules a category 1 regulator or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee, must have for such funds.

- (9) The Scottish Ministers may exercise the power to make regulations under subsection (8) only if they have received a request to exercise the power from—

@@ -596,7 +596,7 @@

- (d) the independent advisory panel of the Commission.

- (10) Before making a request under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/13/9/enacted), the person making the request (“*the requester*”) must—

- (10) Before making a request under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/13/9/2025-06-28), the person making the request (“*the requester*”) must—

- (a) consult—

@@ -610,9 +610,9 @@

- (b) except where the requester is the Lord President, secure the Lord President’s agreement to the making of the request.

- (11) But a body mentioned in [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/enacted)[(i)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/i/enacted) to [(iii)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/iii/enacted) does not need to be consulted if the body is the requester.

- (12) For the purpose of seeking the Lord President’s agreement under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/b/enacted), the requester must provide to the Lord President—

- (11) But a body mentioned in [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/2025-06-28)[(i)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/i/2025-06-28) to [(iii)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/iii/2025-06-28) does not need to be consulted if the body is the requester.

- (12) For the purpose of seeking the Lord President’s agreement under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/b/2025-06-28), the requester must provide to the Lord President—

- (a) a document setting out—

@@ -620,9 +620,9 @@

- (ii) the reasons for seeking the change, and

- (b) copies of any written representations received in response to the consultation under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/enacted).

- (13) A request under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/13/9/enacted) must include—

- (b) copies of any written representations received in response to the consultation under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/2025-06-28).

- (13) A request under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/13/9/2025-06-28) must include—

- (a) a document setting out—

@@ -630,13 +630,13 @@

- (ii) the reasons for seeking the change,

- (b) copies of any written representations received in response to the consultation under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/13/10/a/2025-06-28), and

- (c) except where the requester is the Lord President, written confirmation of the Lord President’s agreement to the making of the request.

- (14) As soon as reasonably practicable after making a request under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/13/9/enacted), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (15) Regulations under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/13/8/enacted) are subject to the affirmative procedure.

- (14) As soon as reasonably practicable after making a request under [subsection (9)](https://www.legislation.gov.uk/asp/2025/8/section/13/9/2025-06-28), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (15) Regulations under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/13/8/2025-06-28) are subject to the affirmative procedure.

### Requirements of category 2 regulators

@@ -652,7 +652,7 @@

- (2) The internal governance arrangements of a category 2 regulator must incorporate such provision as is necessary with a view to ensuring that the regulator—

- (a) always exercises its regulatory functions in accordance with [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/14/1/enacted),

- (a) always exercises its regulatory functions in accordance with [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/14/1/2025-06-28),

- (b) allocates sufficient resources (financial and otherwise) to the exercise of its regulatory functions,

@@ -690,9 +690,9 @@

- (h) where the Commission has given a direction in relation to the handling of complaints, details of how the regulator has complied with it,

- (i) details of steps taken by the regulator to ensure compliance with any measures taken under section [19](https://www.legislation.gov.uk/asp/2025/8/section/19/enacted) by the Lord President,

- (j) except in the case where the regulator is the Faculty of Advocates, a statement indicating whether the regulator considers the category to which it has been assigned is appropriate for the purposes of [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted) (having regard to [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted)[(6)](https://www.legislation.gov.uk/asp/2025/8/section/7/6/enacted)).

- (i) details of steps taken by the regulator to ensure compliance with any measures taken under section [19](https://www.legislation.gov.uk/asp/2025/8/section/19/2025-06-28) by the Lord President,

- (j) except in the case where the regulator is the Faculty of Advocates, a statement indicating whether the regulator considers the category to which it has been assigned is appropriate for the purposes of [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/2025-06-28) (having regard to [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/2025-06-28)[(6)](https://www.legislation.gov.uk/asp/2025/8/section/7/6/2025-06-28)).

- (3) When preparing an annual report, a category 2 regulator must consult the independent advisory panel of the Commission.

@@ -704,7 +704,7 @@

as soon as practicable after the end of the reporting year to which the annual report relates.

- (5) In [this section](https://www.legislation.gov.uk/asp/2025/8/section/15/enacted)—

- (5) In [this section](https://www.legislation.gov.uk/asp/2025/8/section/15/2025-06-28)—

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

@@ -746,7 +746,7 @@

- (b) wishes to continue to appear in the register.

- (4) An entry for a legal services provider that appears in the register by virtue of [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/16/3/enacted) must state that the provider is not providing legal services at that time.

- (4) An entry for a legal services provider that appears in the register by virtue of [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/16/3/2025-06-28) must state that the provider is not providing legal services at that time.

- (5) The register may contain such other information relating to any person or body it regulates as the regulator considers appropriate.

@@ -778,7 +778,7 @@

- (3) Failure to comply with rules made under this section may be treated as professional misconduct or unsatisfactory professional conduct.

- (4) Before making or amending rules in pursuance of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/17/1/enacted), the regulator (or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/enacted) applies, its regulatory committee) must—

- (4) Before making or amending rules in pursuance of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/17/1/2025-06-28), the regulator (or, where [section 8](https://www.legislation.gov.uk/asp/2025/8/section/8/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/8/2/2025-06-28) applies, its regulatory committee) must—

- (a) consult—

@@ -870,7 +870,7 @@

- (i) any direction to it by the Commission under the 2007 Act, or

- (ii) any measures applying to it by virtue of [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/enacted).

- (ii) any measures applying to it by virtue of [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/2025-06-28).

- (6) A category 1 or 2 regulator must—

@@ -910,7 +910,7 @@

- (12) Following a review under subsection (1), the Lord President must—

- (a) prepare a report detailing the Lord President’s findings and any measures the Lord President intends to take under [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/enacted),

- (a) prepare a report detailing the Lord President’s findings and any measures the Lord President intends to take under [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/2025-06-28),

- (b) publish the report in such manner as the Lord President considers appropriate (having regard to the desirability of it being accessible to those likely to have an interest in the report), and

@@ -926,11 +926,11 @@

##### 19

- (1) The Lord President may, in relation to a category 1 or category 2 regulator, take one or more of the measures mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/enacted) if the Lord President considers that to be necessary following a review under section 18(1).

- (1) The Lord President may, in relation to a category 1 or category 2 regulator, take one or more of the measures mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/2025-06-28) if the Lord President considers that to be necessary following a review under section 18(1).

- (2) When considering whether it is necessary to take any of those measures, or a combination of them, the Lord President must take account of the effect that it may have on the regulator’s observance of the regulatory objectives.

- (3) [Schedule 2](https://www.legislation.gov.uk/asp/2025/8/schedule/2/enacted) (to which [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/19/1/enacted) is subject) makes provision concerning the measures mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/enacted) and the procedure to be followed in taking them.

- (3) [Schedule 2](https://www.legislation.gov.uk/asp/2025/8/schedule/2/2025-06-28) (to which [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/19/1/2025-06-28) is subject) makes provision concerning the measures mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/2025-06-28) and the procedure to be followed in taking them.

- (4) The measures are—

@@ -958,7 +958,7 @@

- (6) But the Scottish Ministers may exercise the power to make regulations under subsection (5) only following, and in accordance with, a request to exercise the power received from the Lord President.

- (7) Before making a request mentioned in [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/19/6/enacted), the Lord President must consult—

- (7) Before making a request mentioned in [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/19/6/2025-06-28), the Lord President must consult—

- (a) each category 1 and category 2 regulator,

@@ -966,15 +966,15 @@

- (c) such other person or body as the Lord President considers appropriate.

- (8) A request under [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/19/6/enacted) must include—

- (8) A request under [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/19/6/2025-06-28) must include—

- (a) a document setting out the reasons for the request, and

- (b) copies of any written representations received in response to the consultation under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/19/7/enacted).

- (9) As soon as reasonably practicable after making a request under [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/19/6/enacted), the Lord President must publish the documents included with the request in such manner as the Lord President considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (10) Regulations under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/19/5/enacted) are subject to the affirmative procedure.

- (b) copies of any written representations received in response to the consultation under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/19/7/2025-06-28).

- (9) As soon as reasonably practicable after making a request under [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/19/6/2025-06-28), the Lord President must publish the documents included with the request in such manner as the Lord President considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (10) Regulations under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/19/5/2025-06-28) are subject to the affirmative procedure.

### Special rule changes

@@ -1038,19 +1038,19 @@

- (a) if the direction specifies that it ceases to have effect on a particular day, that day,

- (b) if the direction is revoked under [section 21](https://www.legislation.gov.uk/asp/2025/8/section/21/enacted), the day on which the revocation comes into force.

- (b) if the direction is revoked under [section 21](https://www.legislation.gov.uk/asp/2025/8/section/21/2025-06-28), the day on which the revocation comes into force.

- (11) An application under this section must be made in such manner as the regulator may direct.

- (12) In this section—

- “*direction*” means, in relation to a regulator, a direction given (or to be given) by the regulator under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/20/1/enacted) (including as it may be amended under [section 21](https://www.legislation.gov.uk/asp/2025/8/section/21/enacted)),

- “*direction*” means, in relation to a regulator, a direction given (or to be given) by the regulator under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/20/1/2025-06-28) (including as it may be amended under [section 21](https://www.legislation.gov.uk/asp/2025/8/section/21/2025-06-28)),

- “*regulator*” means a category 1 or category 2 regulator or an approved regulator of licensed providers,

- “*rule*” means, in relation to a regulator, a rule (including a rule in a scheme) made in the exercise of the regulator’s regulatory functions.

- (13) A function conferred on a regulator by this section or [section 21](https://www.legislation.gov.uk/asp/2025/8/section/21/enacted) is a regulatory function of the regulator (see also [sections 3](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted) and [6](https://www.legislation.gov.uk/asp/2025/8/section/6/enacted)).

- (13) A function conferred on a regulator by this section or [section 21](https://www.legislation.gov.uk/asp/2025/8/section/21/2025-06-28) is a regulatory function of the regulator (see also [sections 3](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28) and [6](https://www.legislation.gov.uk/asp/2025/8/section/6/2025-06-28)).

#### Powers to amend or revoke directions

@@ -1068,13 +1068,13 @@

- (b) the legal services provider to whom the direction relates.

- (3) [Section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/20/3/enacted) to [(11)](https://www.legislation.gov.uk/asp/2025/8/section/20/11/enacted) applies to an amendment under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/21/1/enacted)as it applies to a direction.

- (4) [Section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/enacted)[(6)](https://www.legislation.gov.uk/asp/2025/8/section/20/6/enacted) and [(8)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/a/enacted) applies to a revocation under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/21/1/enacted) as it applies to a direction.

- (5) [Section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/enacted)[(8)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/a/enacted) applies to a revocation under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/21/2/enacted) as it applies to a direction.

- (6) In this section, “direction” and “regulator” have the meanings given in [section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/enacted)[(12)](https://www.legislation.gov.uk/asp/2025/8/section/20/12/enacted).

- (3) [Section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/2025-06-28)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/20/3/2025-06-28) to [(11)](https://www.legislation.gov.uk/asp/2025/8/section/20/11/2025-06-28) applies to an amendment under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/21/1/2025-06-28)as it applies to a direction.

- (4) [Section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/2025-06-28)[(6)](https://www.legislation.gov.uk/asp/2025/8/section/20/6/2025-06-28) and [(8)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/a/2025-06-28) applies to a revocation under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/21/1/2025-06-28) as it applies to a direction.

- (5) [Section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/2025-06-28)[(8)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/20/8/a/2025-06-28) applies to a revocation under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/21/2/2025-06-28) as it applies to a direction.

- (6) In this section, “direction” and “regulator” have the meanings given in [section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/2025-06-28)[(12)](https://www.legislation.gov.uk/asp/2025/8/section/20/12/2025-06-28).

#### Register of directions

@@ -1098,7 +1098,7 @@

- (3) A regulator—

- (a) must withhold information in a document mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/22/2/enacted) if satisfied that its disclosure would or would be likely to breach the data protection legislation,

- (a) must withhold information in a document mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/22/2/2025-06-28) if satisfied that its disclosure would or would be likely to breach the data protection legislation,

- (b) may withhold information in such a document if satisfied that its disclosure would or would be likely to—

@@ -1112,9 +1112,9 @@

- “*the data protection legislation*” has the meaning given by section 3(9) of the Data Protection Act 2018,

- “*regulator*” has the meaning given by [section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/enacted)[(12)](https://www.legislation.gov.uk/asp/2025/8/section/20/12/enacted),

- “*relevant direction*” means, in relation to a regulator, a direction given by the regulator under [section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/20/1/enacted) for the purpose described in section 20(3)(a) that is still in force.

- “*regulator*” has the meaning given by [section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/2025-06-28)[(12)](https://www.legislation.gov.uk/asp/2025/8/section/20/12/2025-06-28),

- “*relevant direction*” means, in relation to a regulator, a direction given by the regulator under [section 20](https://www.legislation.gov.uk/asp/2025/8/section/20/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/20/1/2025-06-28) for the purpose described in section 20(3)(a) that is still in force.

### Chapter 3 — New regulators of legal services

@@ -1126,7 +1126,7 @@

- (1) A body may apply to the Lord President for the purpose of the body being accredited to—

- (a) authorise persons to exercise (any or all of) the rights listed in subsection [(2)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/enacted), and

- (a) authorise persons to exercise (any or all of) the rights listed in subsection [(2)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/2025-06-28), and

- (b) regulate those persons’ exercise of the acquired rights.

@@ -1138,13 +1138,13 @@

- (c) the right to provide other types of legal services.

- (3) Only natural persons may be authorised to exercise the rights listed in paragraphs [(a)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/a/enacted) and [(b)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/b/enacted) of subsection [(2)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/enacted).

- (4) An application for accreditation under [this section](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted) must include—

- (3) Only natural persons may be authorised to exercise the rights listed in paragraphs [(a)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/a/2025-06-28) and [(b)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/b/2025-06-28) of subsection [(2)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/2025-06-28).

- (4) An application for accreditation under [this section](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28) must include—

- (a) a draft regulatory scheme,

- (b) a statement that the body will comply with the requirements of [section 26](https://www.legislation.gov.uk/asp/2025/8/section/26/enacted), and

- (b) a statement that the body will comply with the requirements of [section 26](https://www.legislation.gov.uk/asp/2025/8/section/26/2025-06-28), and

- (c) confirmation that the body has consulted its members in relation to the application and copies of any written representations received in response to the consultation.

@@ -1152,7 +1152,7 @@

##### 24

- (1) The draft regulatory scheme to accompany an application for accreditation under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/23/4/enacted) must—

- (1) The draft regulatory scheme to accompany an application for accreditation under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/23/4/2025-06-28) must—

- (a) specify the rights that it is proposed persons authorised by the body may acquire,

@@ -1172,7 +1172,7 @@

- (d) deal with such other regulatory matters as the Scottish Ministers may by regulations specify (and in such manner as the regulations may specify).

- (2) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/24/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/24/1/a/enacted), an application to acquire (either or both of) the rights listed in paragraph [(a)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/a/enacted) or [(b)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/b/enacted) of [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/enacted)must specify—

- (2) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/24/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/24/1/a/2025-06-28), an application to acquire (either or both of) the rights listed in paragraph [(a)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/a/2025-06-28) or [(b)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/b/2025-06-28) of [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/23/2/2025-06-28)must specify—

- (a) the courts in which authorised providers are to be able to practise, and

@@ -1216,7 +1216,7 @@

- (b) accounting and auditing,

- (c) professional indemnity (in respect of which, see section [17](https://www.legislation.gov.uk/asp/2025/8/section/17/enacted)),

- (c) professional indemnity (in respect of which, see section [17](https://www.legislation.gov.uk/asp/2025/8/section/17/2025-06-28)),

- (d) the making and handling of complaints and, in particular, how the body will deal with complaints remitted (or treated as having been remitted) to it under the 2007 Act in relation to its authorised providers,

@@ -1224,11 +1224,11 @@

- (i) there is a breach of the regulatory scheme, or

- (ii) a complaint referred to in [paragraph (d)](https://www.legislation.gov.uk/asp/2025/8/section/24/5/d/enacted) is upheld.

- (6) The practice rules must include provision enabling the body to comply with the provisions of [section 29](https://www.legislation.gov.uk/asp/2025/8/section/29/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/29/4/enacted).

- (7) For the purpose of [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/24/5/enacted)[(d)](https://www.legislation.gov.uk/asp/2025/8/section/24/5/d/enacted), the practice rules must—

- (ii) a complaint referred to in [paragraph (d)](https://www.legislation.gov.uk/asp/2025/8/section/24/5/d/2025-06-28) is upheld.

- (6) The practice rules must include provision enabling the body to comply with the provisions of [section 29](https://www.legislation.gov.uk/asp/2025/8/section/29/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/29/4/2025-06-28).

- (7) For the purpose of [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/24/5/2025-06-28)[(d)](https://www.legislation.gov.uk/asp/2025/8/section/24/5/d/2025-06-28), the practice rules must—

- (a) include rules relating to reviews of final decisions of the body made in relation to complaints remitted (or treated as having been remitted) to the body under the 2007 Act in relation to its authorised providers,

@@ -1260,9 +1260,9 @@

- (c) securing that, where reasonably practicable, any person wishing to be represented before any court by one of its providers holding an appropriate right of audience is so represented.

- (9) For the purposes of the rules required under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/24/8/enacted), the Inner and Outer Houses of the Court of Session and the High Court of Justiciary exercising its appellate jurisdiction may be treated as separate courts.

- (10) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/24/1/enacted) are subject to the affirmative procedure.

- (9) For the purposes of the rules required under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/24/8/2025-06-28), the Inner and Outer Houses of the Court of Session and the High Court of Justiciary exercising its appellate jurisdiction may be treated as separate courts.

- (10) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/24/1/2025-06-28) are subject to the affirmative procedure.

#### Regulatory scheme - additional matters to be included: further provision

@@ -1276,7 +1276,7 @@

- (c) the independent advisory panel of the Commission.

- (2) Before making a request under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/25/1/enacted), the person making the request (“*the requester*”) must—

- (2) Before making a request under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/25/1/2025-06-28), the person making the request (“*the requester*”) must—

- (a) consult—

@@ -1290,7 +1290,7 @@

- (b) except where the requester is the Lord President, secure the Lord President’s agreement to the making of the request.

- (3) For the purpose of seeking the Lord President’s agreement under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/b/enacted), the requester must provide to the Lord President—

- (3) For the purpose of seeking the Lord President’s agreement under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/b/2025-06-28), the requester must provide to the Lord President—

- (a) a document setting out—

@@ -1298,9 +1298,9 @@

- (ii) the reasons for seeking the change,

- (b) copies of any written representations received in response to the consultation under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/a/enacted).

- (4) A request under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/25/1/enacted) must include—

- (b) copies of any written representations received in response to the consultation under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/25/2/a/2025-06-28).

- (4) A request under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/25/1/2025-06-28) must include—

- (a) a document setting out—

@@ -1308,17 +1308,17 @@

- (ii) the reasons for seeking the change,

- (c) except where the requester is the Lord President, written confirmation of the Lord President’s agreement to the making of the request.

- (5) As soon as reasonably practicable after making a request under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/25/1/enacted), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (5) As soon as reasonably practicable after making a request under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/25/1/2025-06-28), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

#### Publication of draft regulatory scheme and representations

##### 26

- (1) A body making an application under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted) must—

- (1) A body making an application under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28) must—

- (a) make a copy of its draft regulatory scheme available electronically for the duration of the relevant period,

@@ -1330,29 +1330,29 @@

- (iii) the independent advisory panel of the Commission,

- (c) at the time of making the application, place an advertisement containing the information described in [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/26/2/enacted) in the Edinburgh Gazette and in a daily newspaper circulating throughout Scotland.

- (2) An advertisement required under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/26/1/enacted)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/26/1/c/enacted) must state that—

- (c) at the time of making the application, place an advertisement containing the information described in [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/26/2/2025-06-28) in the Edinburgh Gazette and in a daily newspaper circulating throughout Scotland.

- (2) An advertisement required under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/26/1/2025-06-28)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/26/1/c/2025-06-28) must state that—

- (a) a copy of the draft regulatory scheme is available electronically during the relevant period,

- (b) written representations concerning the draft scheme may be made to the Lord President, and

- (c) for such representations to be considered, they must meet the requirements described in [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/26/4/enacted).

- (c) for such representations to be considered, they must meet the requirements described in [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/26/4/2025-06-28).

- (3) Any person may make written representations concerning a draft regulatory scheme during the relevant period.

- (4) Representations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/26/3/enacted) must—

- (4) Representations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/26/3/2025-06-28) must—

- (a) be made to the Lord President, and

- (b) be received by the Lord President before the expiry of the relevant period.

- (5) In [this section](https://www.legislation.gov.uk/asp/2025/8/section/26/enacted)—

- “*draft regulatory scheme*” in relation to an application made under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted), means the draft regulatory scheme required to accompany the application under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/23/4/enacted),

- “*relevant period*” in relation to an application under section [23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted), means the period of six weeks beginning with the date on which the application is made.

- (5) In [this section](https://www.legislation.gov.uk/asp/2025/8/section/26/2025-06-28)—

- “*draft regulatory scheme*” in relation to an application made under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28), means the draft regulatory scheme required to accompany the application under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/23/4/2025-06-28),

- “*relevant period*” in relation to an application under section [23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28), means the period of six weeks beginning with the date on which the application is made.

### Consideration and grant

@@ -1360,13 +1360,13 @@

##### 27

- (1) The Lord President is to consider an application submitted under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/23/1/enacted) and must consider any written representations made to the Lord President in accordance with [section 26](https://www.legislation.gov.uk/asp/2025/8/section/26/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/26/3/enacted) and [(4)](https://www.legislation.gov.uk/asp/2025/8/section/26/4/enacted).

- (2) The Lord President may not consider the application if the Lord President is not satisfied that the requirements of [section 26](https://www.legislation.gov.uk/asp/2025/8/section/26/enacted) have been complied with.

- (1) The Lord President is to consider an application submitted under [section 23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/23/1/2025-06-28) and must consider any written representations made to the Lord President in accordance with [section 26](https://www.legislation.gov.uk/asp/2025/8/section/26/2025-06-28)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/26/3/2025-06-28) and [(4)](https://www.legislation.gov.uk/asp/2025/8/section/26/4/2025-06-28).

- (3) The Lord President may make preliminary observations to the body in relation to the draft regulatory scheme accompanying the application.

- (4) In the event that the body makes adjustments to the draft regulatory scheme in response to preliminary observations made under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/27/3/enacted), the Lord President is to consider the draft scheme as so adjusted.

- (4) In the event that the body makes adjustments to the draft regulatory scheme in response to preliminary observations made under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/27/3/2025-06-28), the Lord President is to consider the draft scheme as so adjusted.

- (5) The Lord President, when considering a draft regulatory scheme, is—

@@ -1388,7 +1388,7 @@

##### 28

- (1) This section applies where the Lord President has considered an application in accordance with [section 27](https://www.legislation.gov.uk/asp/2025/8/section/27/enacted).

- (1) This section applies where the Lord President has considered an application in accordance with [section 27](https://www.legislation.gov.uk/asp/2025/8/section/27/2025-06-28).

- (2) If the Lord President—

@@ -1404,9 +1404,9 @@

- (b) be published in such manner as the Lord President considers appropriate (having regard to the desirability of the document being accessible to those likely to have an interest in it).

- (5) The Lord President must send a copy of a letter approving or refusing an application under [this section](https://www.legislation.gov.uk/asp/2025/8/section/27/enacted) to any person who has made representations in relation to the draft regulatory scheme under [section 26](https://www.legislation.gov.uk/asp/2025/8/section/26/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/26/3/enacted).

- (6) Where the application has been approved, the Scottish Ministers must, as soon as reasonably practicable, lay before the Scottish Parliament draft regulations under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted)[(5)](https://www.legislation.gov.uk/asp/2025/8/section/7/5/enacted) to assign the body as a category 1 or category 2 regulator.

- (5) The Lord President must send a copy of a letter approving or refusing an application under [this section](https://www.legislation.gov.uk/asp/2025/8/section/27/2025-06-28) to any person who has made representations in relation to the draft regulatory scheme under [section 26](https://www.legislation.gov.uk/asp/2025/8/section/26/2025-06-28)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/26/3/2025-06-28).

- (6) Where the application has been approved, the Scottish Ministers must, as soon as reasonably practicable, lay before the Scottish Parliament draft regulations under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/2025-06-28)[(5)](https://www.legislation.gov.uk/asp/2025/8/section/7/5/2025-06-28) to assign the body as a category 1 or category 2 regulator.

- (7) If a body’s application is approved under this section, as soon as reasonably practicable after receiving notice of the Lord President’s approval under subsection (2), the body must—

@@ -1422,11 +1422,11 @@

##### 29

- (1) [This section](https://www.legislation.gov.uk/asp/2025/8/section/29/enacted) applies when an accredited regulator has given effect to a draft regulatory scheme and applied it as its regulatory scheme under section 28(7), and the regulator is assigned as a category 1 or category 2 regulator.

- (1) [This section](https://www.legislation.gov.uk/asp/2025/8/section/29/2025-06-28) applies when an accredited regulator has given effect to a draft regulatory scheme and applied it as its regulatory scheme under section 28(7), and the regulator is assigned as a category 1 or category 2 regulator.

- (2) A legal services provider that is authorised by the accredited regulator may exercise an acquired right (or rights).

- (3) Nothing in [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/29/2/enacted) (or the authorisation rules of the regulatory scheme) affects the power of any court in relation to any proceedings—

- (3) Nothing in [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/29/2/2025-06-28) (or the authorisation rules of the regulatory scheme) affects the power of any court in relation to any proceedings—

- (a) to hear a person who would not otherwise have a right of audience before that court in relation to those proceedings, or

@@ -1442,7 +1442,7 @@

- (8) For the purposes of this Chapter—

- “*acquired right*” means the right or rights to provide legal services specified and described in a regulatory scheme given effect to under [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted),

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

@@ -1474,11 +1474,11 @@

- (6) A consultee under subsection (2) has a period of 6 weeks beginning with the day on which the consultee receives notification from the accredited regulator of the opportunity to make representations (or, if the regulator considers it appropriate and the Lord President consents, such shorter period as may be specified in the notice) to make representations to the regulator about the proposed surrender.

- (7) The consultees under subsection [(4)](https://www.legislation.gov.uk/asp/2025/8/section/30/4/enacted) have a period of 6 weeks beginning with the day on which a copy of the application is sent (or, if the Lord President considers it appropriate, such shorter period as may be specified when sending a copy to the consultees) to make representations to the Lord President about the proposed surrender.

- (7) The consultees under subsection [(4)](https://www.legislation.gov.uk/asp/2025/8/section/30/4/2025-06-28) have a period of 6 weeks beginning with the day on which a copy of the application is sent (or, if the Lord President considers it appropriate, such shorter period as may be specified when sending a copy to the consultees) to make representations to the Lord President about the proposed surrender.

- (8) The Lord President may give directions (at any time) as to the requirements with which a body wishing to surrender all or some of its authorised providers’ acquired rights will have to comply.

- (9) Directions under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/30/8/enacted) may—

- (9) Directions under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/30/8/2025-06-28) may—

- (a) in particular—

@@ -1496,19 +1496,19 @@

- (11) From the date specified in the notice, a person authorised by the body to provide legal services ceases to be authorised and may not exercise the acquired rights or, if applicable, such of them as has been surrendered.

- (12) [Subsection (13)](https://www.legislation.gov.uk/asp/2025/8/section/30/13/enacted) applies where—

- (12) [Subsection (13)](https://www.legislation.gov.uk/asp/2025/8/section/30/13/2025-06-28) applies where—

- (a) an application under subsection (1) is for the surrender of all of the regulator’s acquired rights, and

- (b) the majority of the providers consulted under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/30/2/enacted) have expressed a preference for an outcome mentioned in paragraph (a) or (b) of subsection (5).

- (13) Notice given by the Lord President under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/30/10/enacted) may (instead of specifying the date on which the notice is to take effect) specify that the notice is to take effect on the date on which one of the following events occurs—

- (a) the providers consulted under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/30/2/enacted) are authorised to exercise their acquired rights (and are regulated in their exercise of the acquired rights) by another category 1 or category 2 regulator,

- (b) the majority of the providers consulted under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/30/2/2025-06-28) have expressed a preference for an outcome mentioned in paragraph (a) or (b) of subsection (5).

- (13) Notice given by the Lord President under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/30/10/2025-06-28) may (instead of specifying the date on which the notice is to take effect) specify that the notice is to take effect on the date on which one of the following events occurs—

- (a) the providers consulted under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/30/2/2025-06-28) are authorised to exercise their acquired rights (and are regulated in their exercise of the acquired rights) by another category 1 or category 2 regulator,

- (b) an application submitted under section 23(1) by a body formed by those providers is approved or refused by the Lord President under section 28.

- (14) Where a notice under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/30/10/enacted) specifies that the notice is to take effect on the occurrence of an event mentioned in [subsection (13)](https://www.legislation.gov.uk/asp/2025/8/section/30/13/enacted), subsection (11) has effect as if the reference to “the date specified in the notice” were a reference to “the date of the occurrence of the event mentioned in [subsection (13)](https://www.legislation.gov.uk/asp/2025/8/section/30/13/enacted) that is specified in the notice”.

- (14) Where a notice under [subsection (10)](https://www.legislation.gov.uk/asp/2025/8/section/30/10/2025-06-28) specifies that the notice is to take effect on the occurrence of an event mentioned in [subsection (13)](https://www.legislation.gov.uk/asp/2025/8/section/30/13/2025-06-28), subsection (11) has effect as if the reference to “the date specified in the notice” were a reference to “the date of the occurrence of the event mentioned in [subsection (13)](https://www.legislation.gov.uk/asp/2025/8/section/30/13/2025-06-28) that is specified in the notice”.

#### Offence of pretending to have acquired rights

@@ -1520,7 +1520,7 @@

- (b) otherwise pretends to be authorised to exercise an acquired right.

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/31/1/enacted) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/31/1/2025-06-28) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

### Review of regulatory scheme

@@ -1532,7 +1532,7 @@

- (2) The accredited regulator must send a report to the Lord President detailing the proposed revision to the scheme.

- (3) Following receipt of a report under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/32/2/enacted), the Lord President may—

- (3) Following receipt of a report under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/32/2/2025-06-28), the Lord President may—

- (a) approve the proposed revision to the scheme,

@@ -1540,9 +1540,9 @@

- (c) direct the accredited regulator to make such revision to its scheme as the Lord President considers should be made.

- (4) Following revision of its scheme pursuant to [paragraph (a)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/a/enacted) or [(c)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/c/enacted) of [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/enacted), the accredited regulator must publish the revised scheme in a manner that is accessible to the public, free of charge, by such electronic means as the regulator considers appropriate.

- (5) The Lord President may vary or revoke a direction given under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/enacted)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/c/enacted).

- (4) Following revision of its scheme pursuant to [paragraph (a)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/a/2025-06-28) or [(c)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/c/2025-06-28) of [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/2025-06-28), the accredited regulator must publish the revised scheme in a manner that is accessible to the public, free of charge, by such electronic means as the regulator considers appropriate.

- (5) The Lord President may vary or revoke a direction given under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/2025-06-28)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/c/2025-06-28).

#### Review of regulatory schemes

@@ -1554,7 +1554,7 @@

- (3) Where the Lord President considers that the terms of any proposed revision to the regulatory scheme are satisfactory, the Lord President is to approve the revised scheme and direct the accredited regulator to apply the revised scheme.

- (4) Subsection [(5)](https://www.legislation.gov.uk/asp/2025/8/section/33/5/enacted) applies where the Lord President considers that—

- (4) Subsection [(5)](https://www.legislation.gov.uk/asp/2025/8/section/33/5/2025-06-28) applies where the Lord President considers that—

- (a) the proposed revisions to the scheme are not satisfactory, or

@@ -1580,7 +1580,7 @@

##### 34

- (1) Where it appears to the Lord President that an accredited regulator has failed to comply with a direction under [section 32](https://www.legislation.gov.uk/asp/2025/8/section/32/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/enacted)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/c/enacted) or [33](https://www.legislation.gov.uk/asp/2025/8/section/33/enacted)[(5)](https://www.legislation.gov.uk/asp/2025/8/section/33/5/enacted), the Lord President may revoke the approval of the application under [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted).

- (1) Where it appears to the Lord President that an accredited regulator has failed to comply with a direction under [section 32](https://www.legislation.gov.uk/asp/2025/8/section/32/2025-06-28)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/2025-06-28)[(c)](https://www.legislation.gov.uk/asp/2025/8/section/32/3/c/2025-06-28) or [33](https://www.legislation.gov.uk/asp/2025/8/section/33/2025-06-28)[(5)](https://www.legislation.gov.uk/asp/2025/8/section/33/5/2025-06-28), the Lord President may revoke the approval of the application under [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/2025-06-28).

- (2) The Lord President must—

@@ -1594,7 +1594,7 @@

- (b) to form a body and submit an application under section 23 seeking accreditation of the body to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights.

- (4) Where a majority of the providers consulted under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/enacted) have expressed a preference for an outcome mentioned in paragraph [(a)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/a/enacted) or [(b)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/b/enacted) of that subsection, the Lord President may decide not to issue a decision notice for such period as the Lord President considers appropriate to enable—

- (4) Where a majority of the providers consulted under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/2025-06-28) have expressed a preference for an outcome mentioned in paragraph [(a)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/a/2025-06-28) or [(b)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/b/2025-06-28) of that subsection, the Lord President may decide not to issue a decision notice for such period as the Lord President considers appropriate to enable—

- (a) another category 1 or category 2 regulator to authorise and regulate the providers, or (as the case may be)

@@ -1608,23 +1608,23 @@

##### 35

- (1) Where an accredited regulator is a discontinuing regulator as mentioned in paragraph (d) of the definition of that term as set out in [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/35/6/enacted), the Lord President must consult each authorised provider to determine in particular whether a majority of the authorised providers would like another category 1 or category 2 regulator to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights (if that other regulator is content to so authorise and regulate them).

- (2) [Subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/35/3/enacted) applies where the Lord President is satisfied that—

- (a) following consultation under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/35/1/enacted), section 30(4) or 34[(3)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/enacted) or paragraph 18(2) of schedule 2 (as the case may be), a majority of the authorised providers of a discontinuing regulator would like another category 1 or category 2 regulator to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights, and

- (1) Where an accredited regulator is a discontinuing regulator as mentioned in paragraph (d) of the definition of that term as set out in [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/35/6/2025-06-28), the Lord President must consult each authorised provider to determine in particular whether a majority of the authorised providers would like another category 1 or category 2 regulator to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights (if that other regulator is content to so authorise and regulate them).

- (2) [Subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/35/3/2025-06-28) applies where the Lord President is satisfied that—

- (a) following consultation under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/35/1/2025-06-28), section 30(4) or 34[(3)](https://www.legislation.gov.uk/asp/2025/8/section/34/3/2025-06-28) or paragraph 18(2) of schedule 2 (as the case may be), a majority of the authorised providers of a discontinuing regulator would like another category 1 or category 2 regulator to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights, and

- (b) the other category 1 or category 2 regulator (“the receiving regulator”) is willing to authorise and regulate the authorised providers of the discontinuing regulator.

- (3) The Lord President may—

- (a) in a case where the receiving regulator falls within [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/35/4/enacted), amend the regulatory functions of the receiving regulator to enable it to regulate the authorised providers of the discontinuing regulator,

- (b) in any other case, request that the Scottish Ministers make regulations under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/35/5/enacted) to amend the functions of the receiving regulator.

- (a) in a case where the receiving regulator falls within [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/35/4/2025-06-28), amend the regulatory functions of the receiving regulator to enable it to regulate the authorised providers of the discontinuing regulator,

- (b) in any other case, request that the Scottish Ministers make regulations under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/35/5/2025-06-28) to amend the functions of the receiving regulator.

- (4) A regulator falls within this subsection if it is an accredited regulator or a body which has had an application under section 25 of the 1990 Act granted under section 26 of that Act.

- (5) Following a request of the Lord President under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/35/3/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/35/3/b/enacted), the Scottish Ministers may lay a draft of a Scottish statutory instrument containing regulations before the Scottish Parliament to amend the regulatory functions of the receiving regulator.

- (5) Following a request of the Lord President under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/35/3/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/35/3/b/2025-06-28), the Scottish Ministers may lay a draft of a Scottish statutory instrument containing regulations before the Scottish Parliament to amend the regulatory functions of the receiving regulator.

- (6) In this section—

@@ -1636,7 +1636,7 @@

- “*services complaint*” is to be construed in accordance with Part 1 of the 2007 Act.

- (7) Regulations under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/35/5/enacted)—

- (7) Regulations under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/35/5/2025-06-28)—

- (a) may modify any enactment,

@@ -1653,8 +1653,8 @@

- (3) In subsection (1), for paragraph (c) substitute—

> (c) considering—

> (i) any provisions of a draft regulatory scheme under [section 27](https://www.legislation.gov.uk/asp/2025/8/section/27/enacted) of the Regulation of Legal Services (Scotland) Act 2025, or

> (ii) any provision which is proposed as a revision to a regulatory scheme under [section 33](https://www.legislation.gov.uk/asp/2025/8/section/33/enacted) of that Act,

> (i) any provisions of a draft regulatory scheme under [section 27](https://www.legislation.gov.uk/asp/2025/8/section/27/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025, or

> (ii) any provision which is proposed as a revision to a regulatory scheme under [section 33](https://www.legislation.gov.uk/asp/2025/8/section/33/2025-06-28) of that Act,

@@ -1692,7 +1692,7 @@

##### 37

Sections [30](https://www.legislation.gov.uk/asp/2025/8/section/30/enacted), 32, 33, 34 and 35 apply to a professional or other body whose application under section 25 of the 1990 Act was approved under section 26 of that Act as they apply to a body whose application for accreditation under section [23](https://www.legislation.gov.uk/asp/2025/8/section/23/enacted) of this Act was approved under section [28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted) of this Act.

Sections [30](https://www.legislation.gov.uk/asp/2025/8/section/30/2025-06-28), 32, 33, 34 and 35 apply to a professional or other body whose application under section 25 of the 1990 Act was approved under section 26 of that Act as they apply to a body whose application for accreditation under section [23](https://www.legislation.gov.uk/asp/2025/8/section/23/2025-06-28) of this Act was approved under section [28](https://www.legislation.gov.uk/asp/2025/8/section/28/2025-06-28) of this Act.

## Part 2 — Regulation of legal businesses

@@ -1702,27 +1702,27 @@

##### 38

- (1) [This Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted) makes provision for category 1 regulators to authorise legal businesses to provide legal services.

- (2) [Section 39](https://www.legislation.gov.uk/asp/2025/8/section/39/enacted)—

- (a) defines what constitutes a legal business (and associated expressions) for the purpose of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted), and

- (1) [This Part](https://www.legislation.gov.uk/asp/2025/8/part/2/2025-06-28) makes provision for category 1 regulators to authorise legal businesses to provide legal services.

- (2) [Section 39](https://www.legislation.gov.uk/asp/2025/8/section/39/2025-06-28)—

- (a) defines what constitutes a legal business (and associated expressions) for the purpose of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/2025-06-28), and

- (b) makes it an offence for a legal business to provide legal services without being authorised by the appropriate regulator of that business.

- (3) [Section 40](https://www.legislation.gov.uk/asp/2025/8/section/40/enacted) makes it an offence to pretend, without reasonable excuse, to be an authorised legal business.

- (4) [Sections 41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted) to [46](https://www.legislation.gov.uk/asp/2025/8/section/46/enacted) require category 1 regulators to prepare and operate rules to authorise and regulate legal businesses.

- (5) [Section 47](https://www.legislation.gov.uk/asp/2025/8/section/47/enacted) deals with how a category 1 regulator is to monitor and investigate the performance of authorised legal businesses.

- (6) [Section 48](https://www.legislation.gov.uk/asp/2025/8/section/48/enacted) and Part [2](https://www.legislation.gov.uk/asp/2025/8/schedule/1/part/2/enacted) of schedule [1](https://www.legislation.gov.uk/asp/2025/8/schedule/1/enacted) (which amends the 1980 Act)—

- (3) [Section 40](https://www.legislation.gov.uk/asp/2025/8/section/40/2025-06-28) makes it an offence to pretend, without reasonable excuse, to be an authorised legal business.

- (4) [Sections 41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28) to [46](https://www.legislation.gov.uk/asp/2025/8/section/46/2025-06-28) require category 1 regulators to prepare and operate rules to authorise and regulate legal businesses.

- (5) [Section 47](https://www.legislation.gov.uk/asp/2025/8/section/47/2025-06-28) deals with how a category 1 regulator is to monitor and investigate the performance of authorised legal businesses.

- (6) [Section 48](https://www.legislation.gov.uk/asp/2025/8/section/48/2025-06-28) and Part [2](https://www.legislation.gov.uk/asp/2025/8/schedule/1/part/2/2025-06-28) of schedule [1](https://www.legislation.gov.uk/asp/2025/8/schedule/1/2025-06-28) (which amends the 1980 Act)—

- (a) enable the Law Society to authorise (and regulate) legal businesses,

- (b) reflect that incorporated practices (within the meaning of section 34 of the 1980 Act) are to be authorised as a type of legal business.

- (7) [Section 49](https://www.legislation.gov.uk/asp/2025/8/section/49/enacted) makes provision for where a body must change its regulatory regime by virtue of changing the manner in which it is owned.

- (7) [Section 49](https://www.legislation.gov.uk/asp/2025/8/section/49/2025-06-28) makes provision for where a body must change its regulatory regime by virtue of changing the manner in which it is owned.

### Requirement to be authorised to provide legal services

@@ -1732,7 +1732,7 @@

- (1) A legal business may provide legal services to the public for fee, gain or reward only if it is authorised to do so by the category 1 regulator that is responsible for the regulation of the owners of the legal business.

- (2) For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted), a legal business is a business which provides (or offers to provide) legal services to the public for fee, gain or reward that—

- (2) For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/2025-06-28), a legal business is a business which provides (or offers to provide) legal services to the public for fee, gain or reward that—

- (a) consists of—

@@ -1756,11 +1756,11 @@

- (4) A category 1 regulator is responsible for the regulation of the owner of a legal business if the owner is a member of the regulator or is otherwise subject to its regulation in respect of the legal services the owner provides.

- (5) It is an offence for a person to own or operate a legal business which provides legal services to the public for fee, gain or reward without that business being authorised in accordance with [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted).

- (6) A person who commits an offence under [this section](https://www.legislation.gov.uk/asp/2025/8/section/39/enacted) is liable on summary conviction to a fine not exceeding £20,000.

- (7) The Scottish Ministers may by regulations amend [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/39/6/enacted) to substitute a different amount of fine for the one for the time being specified there.

- (6) A person who commits an offence under [this section](https://www.legislation.gov.uk/asp/2025/8/section/39/2025-06-28) is liable on summary conviction to a fine not exceeding £20,000.

- (7) The Scottish Ministers may by regulations amend [subsection (6)](https://www.legislation.gov.uk/asp/2025/8/section/39/6/2025-06-28) to substitute a different amount of fine for the one for the time being specified there.

- (8) Before making regulations under subsection (7), the Scottish Ministers must—

@@ -1774,11 +1774,11 @@

- (b) publish copies of any written representations received in response to the consultation in such manner as they consider appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (9) Regulations under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/39/7/enacted) are subject to the negative procedure.

- (9) Regulations under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/39/7/2025-06-28) are subject to the negative procedure.

- (10) For the purpose of this section, a “*qualifying individual*” means an individual, other than a solicitor, whose provision of legal services is regulated by a category 1 regulator.

- (11) Subsection [(12)](https://www.legislation.gov.uk/asp/2025/8/section/39/12/enacted) applies to a legal business—

- (11) Subsection [(12)](https://www.legislation.gov.uk/asp/2025/8/section/39/12/2025-06-28) applies to a legal business—

- (a) that intends to provide (or offer to provide) legal services to the public for fee gain or reward, and

@@ -1794,9 +1794,9 @@

- (12) On the coming into force of this section, a legal business to which this subsection applies is to be treated as authorised in accordance with this Part by the Law Society to provide legal services to the public for fee, gain or reward.

- (13) But the effect of subsection [(12)](https://www.legislation.gov.uk/asp/2025/8/section/39/12/enacted) is subject to any alternative provision made by rules approved under section 41.

- (14) In [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted)—

- (13) But the effect of subsection [(12)](https://www.legislation.gov.uk/asp/2025/8/section/39/12/2025-06-28) is subject to any alternative provision made by rules approved under section 41.

- (14) In [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/2025-06-28)—

- (a) a reference to an authorised legal business of a category 1 regulator is a reference to a legal business that is authorised to provide legal services by the relevant regulator,

@@ -1812,9 +1812,9 @@

- (b) otherwise pretends to be an authorised legal business.

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/40/1/enacted)is liable on summary conviction to a fine not exceeding £20,000.

- (3) The Scottish Ministers may by regulations amend [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/40/2/enacted) to substitute a different amount of fine for the one for the time being specified there.

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/40/1/2025-06-28)is liable on summary conviction to a fine not exceeding £20,000.

- (3) The Scottish Ministers may by regulations amend [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/40/2/2025-06-28) to substitute a different amount of fine for the one for the time being specified there.

- (4) Before making regulations under subsection (3), the Scottish Ministers must—

@@ -1828,7 +1828,7 @@

- (5) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/40/3/enacted) are subject to the negative procedure.

- (5) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/40/3/2025-06-28) are subject to the negative procedure.

### Regulation of authorised legal businesses

@@ -1896,7 +1896,7 @@

- (d) the independent advisory panel of the Commission.

- (8) Before making a request under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/41/7/enacted), the person making the request (“*the requester*”) must—

- (8) Before making a request under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/41/7/2025-06-28), the person making the request (“*the requester*”) must—

- (a) consult—

@@ -1910,9 +1910,9 @@

- (b) except where the requester is the Lord President, secure the Lord President’s agreement to the making of the request.

- (9) But a body mentioned in [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/enacted)[(i)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/i/enacted) to [(iii)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/iii/enacted) does not need to be consulted if the body is the requester.

- (10) For the purpose of seeking the Lord President’s agreement under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/b/enacted), the requester must provide to the Lord President—

- (9) But a body mentioned in [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/2025-06-28)[(i)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/i/2025-06-28) to [(iii)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/iii/2025-06-28) does not need to be consulted if the body is the requester.

- (10) For the purpose of seeking the Lord President’s agreement under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/b/2025-06-28), the requester must provide to the Lord President—

- (a) a document setting out—

@@ -1920,9 +1920,9 @@

- (ii) the reasons for seeking the change,

- (b) copies of any written representations received in response to the consultation under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/enacted).

- (11) A request under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/41/7/enacted) must include—

- (b) copies of any written representations received in response to the consultation under [subsection (8)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/8/a/2025-06-28).

- (11) A request under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/41/7/2025-06-28) must include—

- (a) a document setting out—

@@ -1930,11 +1930,11 @@

- (ii) the reasons for seeking the change,

- (c) except where the requester is the Lord President, written confirmation of the Lord President’s agreement to the making of the request.

- (12) As soon as reasonably practicable after making a request under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/41/7/enacted), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (12) As soon as reasonably practicable after making a request under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/41/7/2025-06-28), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (13) In subsection (3)(a), a “*qualifying individual*” has the meaning given in section 39(10).

@@ -1944,7 +1944,7 @@

##### 42

- (1) For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted), the authorisation rules are rules about—

- (1) For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/2025-06-28), the authorisation rules are rules about—

- (a) the procedure for becoming an authorised legal business, including (in particular)—

@@ -1968,7 +1968,7 @@

- (e) the fees that are (or may be) chargeable by the regulator in connection with authorisation.

- (2) Rules made in pursuance of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/a/enacted) to [(d)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/d/enacted) must allow for review by the category 1 regulator of any decision made by it under the rules that materially affects an applicant for authorisation or (as the case may be) an authorised legal business.

- (2) Rules made in pursuance of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/a/2025-06-28) to [(d)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/d/2025-06-28) must allow for review by the category 1 regulator of any decision made by it under the rules that materially affects an applicant for authorisation or (as the case may be) an authorised legal business.

- (3) Authorisation rules must—

@@ -1992,17 +1992,17 @@

- (1) An appeal against a relevant authorisation decision may be made to the sheriff by—

- (a) an applicant for authorisation under rules made in pursuance of section [42](https://www.legislation.gov.uk/asp/2025/8/section/42/enacted), or

- (a) an applicant for authorisation under rules made in pursuance of section [42](https://www.legislation.gov.uk/asp/2025/8/section/42/2025-06-28), or

- (b) an authorised legal business.

- (2) An appeal under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/43/1/enacted) must be made within the period of 3 months beginning with the later of—

- (2) An appeal under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/43/1/2025-06-28) must be made within the period of 3 months beginning with the later of—

- (a) the day on which the relevant authorisation decision is intimated to the applicant or, as the case may be, authorised legal business, or

- (b) where the relevant authorisation decision has been the subject of an internal appeal process of the category 1 regulator, the day on which the decision of the internal appeal is intimated to the applicant or, as the case may be, the authorised legal business.

- (3) A relevant authorisation decision is a decision taken under authorisation rules made in pursuance of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted) to—

- (3) A relevant authorisation decision is a decision taken under authorisation rules made in pursuance of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/2025-06-28) to—

- (a) refuse an application for authorisation of a legal business,

@@ -2022,7 +2022,7 @@

##### 44

- (1) For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/enacted), the practice rules are rules about—

- (1) For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/part/2/2025-06-28), the practice rules are rules about—

- (a) the—

@@ -2042,9 +2042,9 @@

- (i) there is a breach of the regulatory scheme of the regulator, or

- (ii) a complaint referred to in [paragraph (e)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/e/enacted) is upheld.

- (2) Without limit to the generality of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/enacted), practice rules must—

- (ii) a complaint referred to in [paragraph (e)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/e/2025-06-28) is upheld.

- (2) Without limit to the generality of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/2025-06-28), practice rules must—

- (a) require authorised legal businesses to—

@@ -2072,15 +2072,15 @@

##### 45

- (1) Practice rules made in pursuance of [section 44](https://www.legislation.gov.uk/asp/2025/8/section/44/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/enacted)[(f)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/f/enacted) may provide for—

- (1) Practice rules made in pursuance of [section 44](https://www.legislation.gov.uk/asp/2025/8/section/44/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/2025-06-28)[(f)](https://www.legislation.gov.uk/asp/2025/8/section/44/1/f/2025-06-28) may provide for—

- (a) the imposition of a financial penalty,

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

- (2) The Scottish Ministers may by regulations specify the maximum amount of a financial penalty that may be imposed by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/45/1/enacted).

- (3) A financial penalty imposed by virtue of [this section](https://www.legislation.gov.uk/asp/2025/8/section/45/enacted) is payable to the Scottish Ministers (but the regulator may collect it on their behalf).

- (3) A financial penalty imposed by virtue of [this section](https://www.legislation.gov.uk/asp/2025/8/section/45/2025-06-28) is payable to the Scottish Ministers (but the regulator may collect it on their behalf).

- (4) Where a regulator collects a financial penalty imposed on an authorised legal business under subsection (3), the regulator may—

@@ -2092,13 +2092,13 @@

- (6) Subsection (5) does not prevent the regulator from, in circumstances where it has discontinued attempts to collect a financial penalty, resuming such attempts where the regulator considers it is reasonable in the circumstances to do so.

- (7) An authorised legal business may appeal against a financial penalty (or the amount of a financial penalty) imposed on it by virtue of [this section](https://www.legislation.gov.uk/asp/2025/8/section/45/enacted)—

- (a) to the sheriff,

- (b) within the period of 3 months beginning with the date on which the penalty is intimated to it.

- (8) Where an appeal is made under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/45/7/enacted), no part of the penalty requires to be paid before the appeal is determined or withdrawn.

- (8) Where an appeal is made under [subsection (7)](https://www.legislation.gov.uk/asp/2025/8/section/45/7/2025-06-28), no part of the penalty requires to be paid before the appeal is determined or withdrawn.

- (9) In the appeal, the sheriff may—

@@ -2120,7 +2120,7 @@

- (12) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/45/2/enacted)—

- (12) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/45/2/2025-06-28)—

- (a) are subject to the negative procedure, and

@@ -2130,13 +2130,13 @@

##### 46

- (1) The provision required by [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/41/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/41/2/b/enacted) to be in the ALB rules is such provision as is reasonably practicable (and appropriate in the circumstances) for—

- (1) The provision required by [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/41/2/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/41/2/b/2025-06-28) to be in the ALB rules is such provision as is reasonably practicable (and appropriate in the circumstances) for—

- (a) preventing or resolving regulatory conflicts, and

- (b) avoiding unnecessary duplication of regulatory rules (for example, by applying existing regulatory rules in so far as possible).

- (2) For the purposes of [this section](https://www.legislation.gov.uk/asp/2025/8/section/46/enacted), a regulatory conflict is a conflict between (any of)—

- (2) For the purposes of [this section](https://www.legislation.gov.uk/asp/2025/8/section/46/2025-06-28), a regulatory conflict is a conflict between (any of)—

- (a) the ALB rules of a category 1 regulator,

@@ -2156,7 +2156,7 @@

- (d) the independent advisory panel of the Commission.

- (5) Before making a request under [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/46/4/enacted), the person making the request (“*the requester*”) must—

- (5) Before making a request under [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/46/4/2025-06-28), the person making the request (“*the requester*”) must—

- (a) consult—

@@ -2170,9 +2170,9 @@

- (b) except where the requester is the Lord President, secure the Lord President’s agreement to the making of the request.

- (6) But a body mentioned in [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/enacted)[(i)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/i/enacted) to [(iii)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/iii/enacted) does not need to be consulted if the body is the requester.

- (7) For the purpose of seeking the Lord President’s agreement under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/b/enacted), the requester must provide to the Lord President—

- (6) But a body mentioned in [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/2025-06-28)[(i)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/i/2025-06-28) to [(iii)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/iii/2025-06-28) does not need to be consulted if the body is the requester.

- (7) For the purpose of seeking the Lord President’s agreement under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/b/2025-06-28), the requester must provide to the Lord President—

- (a) a document setting out—

@@ -2180,9 +2180,9 @@

- (ii) the reasons for seeking the change,

- (b) copies of any written representations received in response to the consultation under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/enacted).

- (8) A request under [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/46/4/enacted) must include—

- (b) copies of any written representations received in response to the consultation under [subsection (5)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/46/5/a/2025-06-28).

- (8) A request under [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/46/4/2025-06-28) must include—

- (a) a document setting out—

@@ -2190,13 +2190,13 @@

- (ii) the reasons for seeking the change,

- (c) except where the requester is the Lord President, written confirmation of the Lord President’s agreement to the making of the request.

- (9) As soon as reasonably practicable after making a request under [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/46/4/enacted), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (10) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/46/3/enacted) are subject to the negative procedure.

- (9) As soon as reasonably practicable after making a request under [subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/46/4/2025-06-28), the requester must publish the documents included with the request in such manner as the requester considers appropriate (having regard to the desirability of the documents being accessible to those likely to have an interest in them).

- (10) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/8/section/46/3/2025-06-28) are subject to the negative procedure.

#### Monitoring of performance of authorised legal businesses

@@ -2220,7 +2220,7 @@

- (c) such other matters as the regulator considers appropriate.

- (3) A request for the review of an authorised legal business under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/b/enacted) must—

- (3) A request for the review of an authorised legal business under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/b/2025-06-28) must—

- (a) set out, by reference to the matters that may be reviewed, why the Lord President considers a review appropriate, and

@@ -2240,7 +2240,7 @@

- (i) the authorised legal business, and

- (ii) if the review was requested under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/b/enacted), the Lord President.

- (ii) if the review was requested under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/section/47/1/b/2025-06-28), the Lord President.

- (6) Before finalising the report, the category 1 regulator must—

@@ -2258,7 +2258,7 @@

##### 48

- (1) The Law Society must prepare its ALB rules in accordance with section [41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted) within such period (not exceeding 3 years from the date on which this section comes into force) as it may agree with the Lord President.

- (1) The Law Society must prepare its ALB rules in accordance with section [41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28) within such period (not exceeding 3 years from the date on which this section comes into force) as it may agree with the Lord President.

- (2) But the Law Society’s ALB rules are invalid unless they have the prior approval of the Lord President.

@@ -2270,23 +2270,23 @@

##### 49

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/49/2/enacted) applies where a licensed provider becomes an authorised legal business.

- (2) The licensed provider is deemed, by virtue of [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/2/enacted), to continue to be so licensed from that time until the earliest of the following events—

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/49/2/2025-06-28) applies where a licensed provider becomes an authorised legal business.

- (2) The licensed provider is deemed, by virtue of [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/2/2025-06-28), to continue to be so licensed from that time until the earliest of the following events—

- (a) the end of the period of 90 days beginning with the day on which that time falls,

- (b) the time from which the relevant category 1 regulator determines [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/2/enacted) is to cease to apply to the provider, or

- (b) the time from which the relevant category 1 regulator determines [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/2/2025-06-28) is to cease to apply to the provider, or

- (c) the time when the provider ceases to be an authorised legal business.

- (3) [Subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/49/4/enacted) applies where an authorised legal business becomes a licensed provider.

- (4) The authorised legal business is deemed, by virtue of [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/4/enacted), to continue to be so authorised from that time until the earliest of the following events—

- (3) [Subsection (4)](https://www.legislation.gov.uk/asp/2025/8/section/49/4/2025-06-28) applies where an authorised legal business becomes a licensed provider.

- (4) The authorised legal business is deemed, by virtue of [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/4/2025-06-28), to continue to be so authorised from that time until the earliest of the following events—

- (a) the end of the period of 90 days beginning with the day on which that time falls,

- (b) the time from which the approved regulator that regulates (or regulated) the licensed provider determines [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/4/enacted) is to cease to apply to the authorised legal business, or

- (b) the time from which the approved regulator that regulates (or regulated) the licensed provider determines [this subsection](https://www.legislation.gov.uk/asp/2025/8/section/49/4/2025-06-28) is to cease to apply to the authorised legal business, or

- (c) the time when the authorised legal business ceases to be a licensed provider.

@@ -2309,7 +2309,7 @@

> (ii) legal services were inadequate where they were provided by a person other than a practitioner to the public for fee, gain or reward,

> (a complaint suggesting any such matter being referred to in this Part as a “*services complaint*”),

> (c) suggesting that an authorised legal business is failing (or has failed) to comply with—

> (i) the practice rules forming part of the rules for authorising and regulating the legal business made by the relevant professional organisation under (or for the purposes of) [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/enacted) of the 2025 Act, or

> (i) the practice rules forming part of the rules for authorising and regulating the legal business made by the relevant professional organisation under (or for the purposes of) [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/2025-06-28) of the 2025 Act, or

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

> (a complaint suggesting any such matter being referred to in this Part as a “*regulatory complaint*”).

@@ -2521,7 +2521,7 @@

> (5) After determining the regulatory complaint, the relevant professional organisation must make a written report to the complainer, the practitioner and the Commission of—

> (a) any facts of the matter as found by the relevant professional organisation,

> (b) the relevant professional organisation’s determination and the reasons for that determination,

> (c) what action (if any) the relevant professional organisation proposes to take, or has taken, in the matter in accordance with the rules for authorising and regulating legal businesses made by the relevant professional organisation under (or for the purposes of) [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/enacted) of the 2025 Act, and

> (c) what action (if any) the relevant professional organisation proposes to take, or has taken, in the matter in accordance with the rules for authorising and regulating legal businesses made by the relevant professional organisation under (or for the purposes of) [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/2025-06-28) of the 2025 Act, and

> (d) if the relevant professional organisation does not propose to take, or has not taken, any action in the matter, an explanation of why this is the case.

> (6) When making a written report under subsection (5), the relevant professional organisation must also give notice in writing to the complainer and the practitioner of any right of appeal or ability to make a handling complaint by virtue of section 23.

> (7) The relevant professional organisation must, in considering what action (if any) to take as mentioned in subsection (5)(c), take into account any decision taken by the Commission in respect of a services complaint against the practitioner where the services complaint arises from the same matter to which the regulatory complaint relates.

@@ -2977,7 +2977,7 @@

- (i) for paragraph (c) substitute—

> (c) person who has acquired a right to provide legal services by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) the 2025 Act (or section 27 of the 1990 Act),

> (c) person who has acquired a right to provide legal services by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) the 2025 Act (or section 27 of the 1990 Act),

@@ -3236,7 +3236,7 @@

- (b) after paragraph (b) of that subsection (and before the closing words) insert—

> (c) the compliance by any authorised legal business that is authorised by the organisation to provide legal services with—

> (i) the organisation’s practice rules forming part of the rules for authorising and regulating the authorised legal business made under (or for the purposes of) [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/enacted)of the 2025 Act), or

> (i) the organisation’s practice rules forming part of the rules for authorising and regulating the authorised legal business made under (or for the purposes of) [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/2025-06-28)of the 2025 Act), or

> (ii) the terms on which the authorisation of the authorised legal business is granted by the organisation including any conditions or restrictions imposed in relation to the authorisation,

@@ -3914,8 +3914,8 @@

- (2) In paragraph 16 (reports), after sub-paragraph (1) insert—

> (1A) The report must, in particular—

> (a) explain how the Commission has discharged its functions during the year in a manner which, in accordance with [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/3/1/enacted) of the 2025 Act—

> (i) is compatible with the regulatory objectives (to be construed in accordance with [sections 2](https://www.legislation.gov.uk/asp/2025/8/section/2/enacted) and [3](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted) of the 2025 Act), and

> (a) explain how the Commission has discharged its functions during the year in a manner which, in accordance with [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/3/1/2025-06-28) of the 2025 Act—

> (i) is compatible with the regulatory objectives (to be construed in accordance with [sections 2](https://www.legislation.gov.uk/asp/2025/8/section/2/2025-06-28) and [3](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28) of the 2025 Act), and

> (ii) it considers is most appropriate to meet those objectives,

> (b) provide a list of any directions given during the year to—

> (i) a relevant professional organisation under section 24(6),

@@ -4070,35 +4070,35 @@

##### 90

- (1) A person who is not entered in a register maintained under [section 16](https://www.legislation.gov.uk/asp/2025/8/section/16/enacted) or, is not a licensed provider, commits an offence if the person—

- (1) A person who is not entered in a register maintained under [section 16](https://www.legislation.gov.uk/asp/2025/8/section/16/2025-06-28) or, is not a licensed provider, commits an offence if the person—

- (a) takes or uses the title of lawyer, and

- (b) does so in connection with providing (or offering to provide) legal services to the public for fee, gain or reward.

- (2) [Subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/enacted) does not apply to a person who—

- (2) [Subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/2025-06-28) does not apply to a person who—

- (a) takes or uses the title of lawyer in connection with providing (or offering to provide) legal services in relation to a religious law, and

- (b) when doing so makes it clear that the person’s taking or using of the title of lawyer relates to the provision of legal services in relation to the religious law and not to the provision of legal services more generally.

- (3) In [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/90/2/enacted), “*religious law*” means the law, rules, beliefs or practices of a religion.

- (4) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/enacted) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

- (3) In [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/90/2/2025-06-28), “*religious law*” means the law, rules, beliefs or practices of a religion.

- (4) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/2025-06-28) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

#### Offence of pretending to be a regulated legal services provider

##### 91

- (1) A person who is not entered in the register maintained by a category 1 or category 2 regulator under [section 16](https://www.legislation.gov.uk/asp/2025/8/section/16/enacted) commits an offence if the person—

- (a) takes or uses a name, title, addition or description implying that the person is regulated by the category 1 or category 2 regulator, and

- (b) does so in connection with providing (or offering to provide) legal services to the public for fee, gain or reward.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/91/1/enacted), “*title*” does not include the title of lawyer.

- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/enacted) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/91/1/2025-06-28), “*title*” does not include the title of lawyer.

- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/2025-06-28) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

#### Offence of pretending to be a member of Faculty of Advocates

@@ -4110,15 +4110,15 @@

- (b) otherwise pretends to be a member of the Faculty of Advocates.

- (2) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/enacted), a person is a member of the Faculty of Advocates if the person is entered in the register maintained by the Faculty of Advocates under [section 16](https://www.legislation.gov.uk/asp/2025/8/section/16/enacted).

- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/enacted)is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

- (2) For the purpose of [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/2025-06-28), a person is a member of the Faculty of Advocates if the person is entered in the register maintained by the Faculty of Advocates under [section 16](https://www.legislation.gov.uk/asp/2025/8/section/16/2025-06-28).

- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/2025-06-28)is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

#### Time limit for prosecution of offences

##### 93

- (1) Proceedings for an offence under section [31](https://www.legislation.gov.uk/asp/2025/8/section/31/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/31/1/enacted), [40](https://www.legislation.gov.uk/asp/2025/8/section/40/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/40/1/enacted), [90](https://www.legislation.gov.uk/asp/2025/8/section/90/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/enacted), [91](https://www.legislation.gov.uk/asp/2025/8/section/91/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/91/1/enacted) or [92](https://www.legislation.gov.uk/asp/2025/8/section/92/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/enacted) may be commenced within the period of 6 months beginning with the day on which relevant evidence came to the prosecutor’s knowledge.

- (1) Proceedings for an offence under section [31](https://www.legislation.gov.uk/asp/2025/8/section/31/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/31/1/2025-06-28), [40](https://www.legislation.gov.uk/asp/2025/8/section/40/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/40/1/2025-06-28), [90](https://www.legislation.gov.uk/asp/2025/8/section/90/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/2025-06-28), [91](https://www.legislation.gov.uk/asp/2025/8/section/91/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/91/1/2025-06-28) or [92](https://www.legislation.gov.uk/asp/2025/8/section/92/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/2025-06-28) may be commenced within the period of 6 months beginning with the day on which relevant evidence came to the prosecutor’s knowledge.

- (2) But no such proceedings may be commenced more than 2 years—

@@ -4192,19 +4192,19 @@

- (1) The Lord President may make rules in connection with the exercise of the Lord President’s functions under Part 1 or 2 of this Act.

- (2) Before making rules under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/95/1/enacted), the Lord President must consult—

- (2) Before making rules under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/95/1/2025-06-28), the Lord President must consult—

- (a) the independent advisory panel of the Commission, and

- (b) each category 1 and category 2 regulator.

- (3) Rules under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/95/1/enacted) may in particular require each category 1 and category 2 regulator to maintain a list of—

- (3) Rules under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/95/1/2025-06-28) may in particular require each category 1 and category 2 regulator to maintain a list of—

- (a) its regulatory functions, and

- (b) the requirements imposed on it under this Act or any other enactment.

- (4) Rules under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/95/1/enacted)—

- (4) Rules under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/95/1/2025-06-28)—

- (a) may make different provision for different purposes,

@@ -4230,9 +4230,9 @@

- (b) prepare a report on that review.

- (2) The Scottish Ministers may delegate their functions under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/97/1/enacted) to such person as they consider appropriate.

- (3) When undertaking a review under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/97/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/97/1/a/enacted), the Scottish Ministers (or, if applicable, the person to whom the function is delegated under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/97/2/enacted)) must consult—

- (2) The Scottish Ministers may delegate their functions under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/97/1/2025-06-28) to such person as they consider appropriate.

- (3) When undertaking a review under [subsection (1)](https://www.legislation.gov.uk/asp/2025/8/section/97/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/97/1/a/2025-06-28), the Scottish Ministers (or, if applicable, the person to whom the function is delegated under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/97/2/2025-06-28)) must consult—

- (a) regulators of legal services,

@@ -4256,7 +4256,7 @@

##### 98

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/98/2/enacted) applies where—

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/98/2/2025-06-28) applies where—

- (a) an offence under this Act is committed by a relevant organisation, and

@@ -4310,7 +4310,7 @@

- (2) The regulator may apply to the sheriff or the Court of Session for interdict (including interim interdict) against the person to seek to prevent the person from doing anything that constitutes or would constitute the offence.

- (3) Following an application under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/99/2/enacted), the sheriff or the Court of Session may grant such interdict (or interim interdict) on such terms as it considers appropriate for the purpose of preventing the person from doing anything that constitutes or would constitute the offence.

- (3) Following an application under [subsection (2)](https://www.legislation.gov.uk/asp/2025/8/section/99/2/2025-06-28), the sheriff or the Court of Session may grant such interdict (or interim interdict) on such terms as it considers appropriate for the purpose of preventing the person from doing anything that constitutes or would constitute the offence.

- (4) This section does not restrict a category 1 or category 2 regulator from seeking any other court order against a person mentioned in this section.

@@ -4324,7 +4324,7 @@

- (b) incidental, supplementary, consequential, transitional, transitory or saving provision.

- (2) This section does not apply to section [103](https://www.legislation.gov.uk/asp/2025/8/section/103/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/103/3/enacted).

- (2) This section does not apply to section [103](https://www.legislation.gov.uk/asp/2025/8/section/103/2025-06-28)[(3)](https://www.legislation.gov.uk/asp/2025/8/section/103/3/2025-06-28).

#### Ancillary provision

@@ -4334,7 +4334,7 @@

- (2) Regulations under this section may modify any enactment (including this Act).

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/101/1/enacted)—

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2025/8/section/101/1/2025-06-28)—

- (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but

@@ -4356,21 +4356,21 @@

- (2) In this Act, unless the context otherwise requires—

- “*accredited regulator*” has the meaning given in section [28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted)[(8)](https://www.legislation.gov.uk/asp/2025/8/section/28/8/enacted),

- “*accredited regulator*” has the meaning given in section [28](https://www.legislation.gov.uk/asp/2025/8/section/28/2025-06-28)[(8)](https://www.legislation.gov.uk/asp/2025/8/section/28/8/2025-06-28),

- “*advocate*” means a practising member of the Faculty of Advocates,

- “*ALB rules*” is to be construed in accordance with section [41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/enacted),

- “*ALB rules*” is to be construed in accordance with section [41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/2025-06-28),

- “*approved regulator of licensed providers*” is to be construed in accordance with Part 2 of the 2010 Act,

- “*Association of Construction Attorneys*” means the private limited company, company number SC344543, that has acquired rights of audience for its members by virtue of having an application under section 25 of the 1990 Act granted under section 26 of that Act,

- “*authorised legal business*” is to be construed in accordance with section [39](https://www.legislation.gov.uk/asp/2025/8/section/39/enacted)[(14)](https://www.legislation.gov.uk/asp/2025/8/section/39/14/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/39/14/a/enacted),

- “*category 1 regulator*” (and cognate expressions) means a body that regulates the provision of legal services and which has been assigned as a category 1 regulator in or under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted),

- “*category 2 regulator*” (and cognate expressions) means a body that regulates the provision of legal services and which has been assigned as or deemed a category 2 regulator in or under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted),

- “*authorised legal business*” is to be construed in accordance with section [39](https://www.legislation.gov.uk/asp/2025/8/section/39/2025-06-28)[(14)](https://www.legislation.gov.uk/asp/2025/8/section/39/14/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/39/14/a/2025-06-28),

- “*the Commission*” means the Scottish Legal Complaints Commission,

@@ -4378,13 +4378,13 @@

- “*Law Society*” means the Law Society of Scotland,

- “*legal services provider*” has the meaning given in [section 5](https://www.legislation.gov.uk/asp/2025/8/section/5/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/5/4/enacted),

- “*legal services provider*” has the meaning given in [section 5](https://www.legislation.gov.uk/asp/2025/8/section/5/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/5/4/2025-06-28),

- “*licensed legal services provider*” (and “licensed provider”) is to be construed in accordance with Part 2 of the 2010 Act,

- “*Lord President*” means the Lord President of the Court of Session,

- “*regulatory functions*” in relation to a regulator, means its functions as a regulatory authority described in section [6](https://www.legislation.gov.uk/asp/2025/8/section/6/enacted),

- “*regulatory functions*” in relation to a regulator, means its functions as a regulatory authority described in section [6](https://www.legislation.gov.uk/asp/2025/8/section/6/2025-06-28),

- “*solicitor*” is to be construed in accordance with section 65(1) of the 1980 Act.

@@ -4392,9 +4392,9 @@

##### 103

- (1) This section and section [104](https://www.legislation.gov.uk/asp/2025/8/section/104/enacted) come into force on the day of Royal Assent.

- (2) Sections [100](https://www.legislation.gov.uk/asp/2025/8/section/100/enacted) to [102](https://www.legislation.gov.uk/asp/2025/8/section/102/enacted) come into force on the day after Royal Assent.

- (1) This section and section [104](https://www.legislation.gov.uk/asp/2025/8/section/104/2025-06-28) come into force on the day of Royal Assent.

- (2) Sections [100](https://www.legislation.gov.uk/asp/2025/8/section/100/2025-06-28) to [102](https://www.legislation.gov.uk/asp/2025/8/section/102/2025-06-28) come into force on the day after Royal Assent.

- (3) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

@@ -4612,7 +4612,7 @@

- (2) In subsection (1)—

- (a) after “(3)” insert “of this section and [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted) of the Regulation of Legal Services (Scotland) Act 2025”,

- (a) after “(3)” insert “of this section and [section 41](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025”,

- (b) for “incorporated practices” substitute “authorised legal businesses (including incorporated practices)”.

@@ -5232,7 +5232,7 @@

- (2) In subsection (1), after the definition of “anti-money laundering fee” insert—

> - “*authorised legal business*” is a legal business within the meaning of section [39](https://www.legislation.gov.uk/asp/2025/8/section/39/enacted) of the Regulation of Legal Services (Scotland) Act 2025 that is authorised to provide legal services by the Society (in its capacity as a category 1 regulator) in accordance with its authorisation rules made in pursuance of [section 42](https://www.legislation.gov.uk/asp/2025/8/section/42/enacted) of that Act (and “*authorised*”, in relation to a legal business, is to be construed accordingly).

> - “*authorised legal business*” is a legal business within the meaning of section [39](https://www.legislation.gov.uk/asp/2025/8/section/39/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025 that is authorised to provide legal services by the Society (in its capacity as a category 1 regulator) in accordance with its authorisation rules made in pursuance of [section 42](https://www.legislation.gov.uk/asp/2025/8/section/42/2025-06-28) of that Act (and “*authorised*”, in relation to a legal business, is to be construed accordingly).

@@ -5247,7 +5247,7 @@

- (3) After paragraph 6A, insert—

> (6B)

> (1) The Society may, in accordance with its authorisation rules made in pursuance of [section 42](https://www.legislation.gov.uk/asp/2025/8/section/42/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/enacted)[(e)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/e/enacted) of the Regulation of Legal Services (Scotland) Act 2025 charge an annual fee in relation to the authorisation of legal businesses (and may charge different fees based on such criteria (such as the size or financial performance of the business) as the rules may specify).

> (1) The Society may, in accordance with its authorisation rules made in pursuance of [section 42](https://www.legislation.gov.uk/asp/2025/8/section/42/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/2025-06-28)[(e)](https://www.legislation.gov.uk/asp/2025/8/section/42/1/e/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025 charge an annual fee in relation to the authorisation of legal businesses (and may charge different fees based on such criteria (such as the size or financial performance of the business) as the rules may specify).

> (2) For the purposes of paragraph 6, the Society in general meeting—

> (a) is to take into account the amount of any annual authorisation fee payable under [sub-paragraph (1)](#p12366) when fixing subscriptions under paragraph 6, and

> (b) in so doing, may elect to fix a subscription of £0 for members (or categories of member) if it considers the annual authorisation fees payable under [sub-paragraph (1)](#p12366) sufficient.

@@ -5273,7 +5273,7 @@

##### 1

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/1/enacted) applies where the Lord President—

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/1/2025-06-28) applies where the Lord President—

- (a) is satisfied that an act or omission of a category 1 or category 2 regulator (or a series of acts or omissions) has had, or is likely to have, an adverse impact on the observance of any of the regulatory objectives, or

@@ -5289,17 +5289,17 @@

- (b) require the regulator to set one or more performance targets in relation to its regulatory functions.

- (2) The regulator must (so far as practicable) comply with a performance target set for it under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/a/enacted) or [(b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/b/enacted).

- (2) The regulator must (so far as practicable) comply with a performance target set for it under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/a/2025-06-28) or [(b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/b/2025-06-28).

#### Decision

##### 3

Where the Lord President decides to proceed with a measure under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/1/enacted)—

- (a) the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/enacted) must contain any target set or any requirement made by the Lord President to set a target, and

- (b) the regulator must publish any target set by it following a requirement under [paragraph 2](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/b/enacted) in such manner as it considers most appropriate for bringing it to the attention of any relevant person or body.

Where the Lord President decides to proceed with a measure under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/1/2025-06-28)—

- (a) the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/2025-06-28) must contain any target set or any requirement made by the Lord President to set a target, and

- (b) the regulator must publish any target set by it following a requirement under [paragraph 2](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/2/1/b/2025-06-28) in such manner as it considers most appropriate for bringing it to the attention of any relevant person or body.

## Part 2 — Directions

@@ -5307,11 +5307,11 @@

##### 4

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/enacted) applies where the Lord President is satisfied that—

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/2025-06-28) applies where the Lord President is satisfied that—

- (a) an act or omission of a category 1 or category 2 regulator (or a series of acts or omissions) has had, or is likely to have, an adverse impact on the observance of any of the regulatory objectives,

- (b) a category 1 or category 2 regulator has failed to comply with a requirement imposed on it by or under this Act (including a direction given in accordance with [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/enacted)), or

- (c) a category 1 or category 2 regulator has failed to adhere to its internal governance arrangements (including, in particular, those relating to the independent and effective exercise of its regulatory functions).

@@ -5321,25 +5321,25 @@

- (1) The Lord President may direct the regulator to take—

- (a) in a case falling within [paragraph 4](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/a/enacted), such action as the Lord President considers will counter the adverse impact, mitigate its effect or prevent its recurrence,

- (b) in a case falling within [paragraph 4](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/b/enacted) or [(c)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/c/enacted), such action as the Lord President considers will remedy the failure, mitigate its effect or prevent its recurrence.

- (2) A direction under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/5/1/enacted) must not be framed by reference to—

- (a) in a case falling within [paragraph 4](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/a/2025-06-28), such action as the Lord President considers will counter the adverse impact, mitigate its effect or prevent its recurrence,

- (b) in a case falling within [paragraph 4](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/2025-06-28)[(b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/b/2025-06-28) or [(c)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/4/c/2025-06-28), such action as the Lord President considers will remedy the failure, mitigate its effect or prevent its recurrence.

- (2) A direction under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/5/1/2025-06-28) must not be framed by reference to—

- (a) a specific disciplinary case, or

- (b) other specific regulatory proceedings.

- (3) A direction under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/5/1/enacted) may require the regulator to refrain from doing something.

- (4) The regulator must (so far as practicable) comply with a direction given to it in accordance with [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/enacted).

- (3) A direction under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/5/1/2025-06-28) may require the regulator to refrain from doing something.

- (4) The regulator must (so far as practicable) comply with a direction given to it in accordance with [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/2025-06-28).

#### Decision

##### 6

Where the Lord President decides to proceed with a measure under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/enacted), the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/enacted) must contain the direction.

Where the Lord President decides to proceed with a measure under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/2025-06-28), the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/2025-06-28) must contain the direction.

#### Extension of time to comply

@@ -5353,9 +5353,9 @@

##### 8

- (1) If at any time it appears to the Lord President that a category 1 or category 2 regulator has failed to comply with a direction given under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/enacted), the Lord President may make an application to the Court of Session for an order as described in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/8/2/enacted).

- (2) On an application under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/8/1/enacted), the Court may (if it decides that the regulator has failed to comply with the direction) order the regulator to take such steps as the Court considers appropriate to secure compliance with the direction.

- (1) If at any time it appears to the Lord President that a category 1 or category 2 regulator has failed to comply with a direction given under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/2/2025-06-28), the Lord President may make an application to the Court of Session for an order as described in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/8/2/2025-06-28).

- (2) On an application under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/8/1/2025-06-28), the Court may (if it decides that the regulator has failed to comply with the direction) order the regulator to take such steps as the Court considers appropriate to secure compliance with the direction.

## Part 3 — Censure

@@ -5363,7 +5363,7 @@

##### 9

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/3/enacted) applies where the Lord President is satisfied that—

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/3/2025-06-28) applies where the Lord President is satisfied that—

@@ -5383,7 +5383,7 @@

##### 11

Where the Lord President decides to proceed with a measure under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/3/enacted), the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/enacted) must contain the statement (and the statement need not be published separately).

Where the Lord President decides to proceed with a measure under [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/3/2025-06-28), the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/2025-06-28) must contain the statement (and the statement need not be published separately).

## Part 4 — Making changes to regulatory functions

@@ -5391,11 +5391,11 @@

##### 12

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/4/enacted) applies when the Lord President is satisfied that—

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/4/2025-06-28) applies when the Lord President is satisfied that—

- (b) the matter cannot be addressed adequately by the Lord President taking any of the measures mentioned in [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/a/enacted) to [(c)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/c/enacted).

- (b) the matter cannot be addressed adequately by the Lord President taking any of the measures mentioned in [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/a/2025-06-28) to [(c)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/c/2025-06-28).

#### Power to make changes

@@ -5423,17 +5423,17 @@

- (5) The Scottish Ministers may exercise the power under sub-paragraph (4) only in accordance with such a request.

- (6) A regulator falls within [this paragraph](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/enacted) if it is an accredited regulator or if it acquired rights for its members to provide legal services (other than rights to conduct litigation and rights of audience) by virtue of an application under section 25 of the 1990 Act.

- (7) Regulations under [this paragraph](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/enacted) may amend an enactment.

- (8) For the purposes of sub-paragraphs (1)(a) and (2)(a), the regulator’s scheme is the scheme that was approved under section 26(6) of the 1990 Act or, as the case may be, [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/enacted) of this Act (as such scheme may be amended from time to time).

- (6) A regulator falls within [this paragraph](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/2025-06-28) if it is an accredited regulator or if it acquired rights for its members to provide legal services (other than rights to conduct litigation and rights of audience) by virtue of an application under section 25 of the 1990 Act.

- (7) Regulations under [this paragraph](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/2025-06-28) may amend an enactment.

- (8) For the purposes of sub-paragraphs (1)(a) and (2)(a), the regulator’s scheme is the scheme that was approved under section 26(6) of the 1990 Act or, as the case may be, [section 28](https://www.legislation.gov.uk/asp/2025/8/section/28/2025-06-28) of this Act (as such scheme may be amended from time to time).

#### Decision

##### 14

- (1) Where the Lord President decides to proceed with a measure under this Part, the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/enacted) must—

- (1) Where the Lord President decides to proceed with a measure under this Part, the decision notice required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/2025-06-28) must—

- (a) state—

@@ -5449,9 +5449,9 @@

##### 15

- (1) The Scottish Ministers may not make regulations under [paragraph 13](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/4/enacted) unless—

- (a) the Lord President has given the regulator a decision notice as required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/enacted),

- (1) The Scottish Ministers may not make regulations under [paragraph 13](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/13/4/2025-06-28) unless—

- (a) the Lord President has given the regulator a decision notice as required under [paragraph 19](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/19/2/2025-06-28),

- (b) they have laid before the Scottish Parliament—

@@ -5463,7 +5463,7 @@

- (2) The explanatory document must give details of—

- (a) any representations received as a result of the consultation under [paragraph 18](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/enacted),

- (a) any representations received as a result of the consultation under [paragraph 18](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2025-06-28),

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

@@ -5475,7 +5475,7 @@

##### 16

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/5/enacted) applies to the Lord President taking any measure mentioned in [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/enacted) against a category 1 or category 2 regulator.

[This Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/5/2025-06-28) applies to the Lord President taking any measure mentioned in [section 19](https://www.legislation.gov.uk/asp/2025/8/section/19/2025-06-28)[(4)](https://www.legislation.gov.uk/asp/2025/8/section/19/4/2025-06-28) against a category 1 or category 2 regulator.

#### Notice of intention

@@ -5505,7 +5505,7 @@

- (c) after the expiry of the period for representations—

- (i) give the recipients under [paragraph (b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/b/enacted) a copy of any representations received from the regulator,

- (i) give the recipients under [paragraph (b)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/b/2025-06-28) 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).

@@ -5525,13 +5525,13 @@

##### 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](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/enacted)[(c)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/c/enacted), when deciding whether to proceed with the proposed measure.

- (1) The Lord President must have regard to any representations made to the Lord President by the regulator, or any consultee under [paragraph 18](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/2025-06-28)[(c)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/c/2025-06-28), 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](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/enacted)[(c)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/c/enacted) of the Lord President’s decision,

- (b) notify the consultees under [paragraph 18](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/2025-06-28)[(c)](https://www.legislation.gov.uk/asp/2025/8/schedule/2/paragraph/18/2/c/2025-06-28) 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.

@@ -5539,7 +5539,7 @@

- (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](https://www.legislation.gov.uk/asp/2025/8/schedule/2/enacted), 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).

@@ -5547,7 +5547,7 @@

##### 20

For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/5/enacted), relevant persons or bodies include—

For the purposes of [this Part](https://www.legislation.gov.uk/asp/2025/8/schedule/2/part/5/2025-06-28), relevant persons or bodies include—

- (a) other category 1 and category 2 regulators,

@@ -5575,8 +5575,8 @@

- (c) after that paragraph, insert—

> (b) “*professional principles*” means the principles described in [section 4](https://www.legislation.gov.uk/asp/2025/8/section/4/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/4/1/enacted) of the 2025 Act,

> (c) “regulatory objectives” are the objectives described in [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/enacted) of the 2025 Act (construed in accordance with [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted) of that Act).

> (b) “*professional principles*” means the principles described in [section 4](https://www.legislation.gov.uk/asp/2025/8/section/4/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/4/1/2025-06-28) of the 2025 Act,

> (c) “regulatory objectives” are the objectives described in [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/2025-06-28) of the 2025 Act (construed in accordance with [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28) of that Act).

@@ -5616,8 +5616,8 @@

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

> (d) “*professional principles*” means the principles described in [section 4](https://www.legislation.gov.uk/asp/2025/8/section/4/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/4/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025,

> (e) “regulatory objectives” are the objectives described in [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (construed in accordance with [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/enacted) of that Act).

> (d) “*professional principles*” means the principles described in [section 4](https://www.legislation.gov.uk/asp/2025/8/section/4/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/4/1/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025,

> (e) “regulatory objectives” are the objectives described in [section 2](https://www.legislation.gov.uk/asp/2025/8/section/2/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025 (construed in accordance with [section 3](https://www.legislation.gov.uk/asp/2025/8/section/3/2025-06-28) of that Act).

@@ -5638,13 +5638,13 @@

- (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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).

> (f) to a person exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) 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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).

> (iv) persons exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).

@@ -5654,7 +5654,7 @@

- (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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),

> (d) has a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),

@@ -5674,7 +5674,7 @@

- (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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).

> (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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the 1990 Act).

@@ -5686,19 +5686,19 @@

- (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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990).

> (c) a person having a right to conduct litigation, or a right of audience, acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) 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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),

> (ii) do not have a right to conduct litigation, or a right of audience, acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) 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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted)of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),

> (ii) do not have a right to conduct litigation, or a right of audience, acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28)of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),

@@ -5708,7 +5708,7 @@

- (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](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),

> (ii) do not have the right to conduct litigation, or a right of audience, acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025 (or section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990),

@@ -6304,11 +6304,11 @@

> (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)](#p15098) 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](https://www.legislation.gov.uk/asp/2025/8/section/41/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/enacted) of the Regulation of Legal Services (Scotland) Act 2025, or

> (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](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/2025-06-28) 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](https://www.legislation.gov.uk/asp/2025/8/section/41/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/2025-06-28)[(a)](https://www.legislation.gov.uk/asp/2025/8/section/41/1/a/2025-06-28) 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)

@@ -6766,9 +6766,9 @@

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

> - “*authorised legal business*” is a legal business (within the meaning of [section 39](https://www.legislation.gov.uk/asp/2025/8/section/39/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/39/2/enacted) of the 2025 Act) that is authorised to provide legal services by a category 1 regulator,

> - “*category 1 regulator*” means a body that regulates the provision of legal services and which has been assigned as a category 1 regulator in or under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted) of the 2025 Act,

> - “*category 2 regulator*” means a body that regulates the provision of legal services and which has been assigned as or deemed a category 2 regulator in or under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted) of the 2025 Act,

> - “*authorised legal business*” is a legal business (within the meaning of [section 39](https://www.legislation.gov.uk/asp/2025/8/section/39/2025-06-28)[(2)](https://www.legislation.gov.uk/asp/2025/8/section/39/2/2025-06-28) of the 2025 Act) that is authorised to provide legal services by a category 1 regulator,

@@ -6777,13 +6777,13 @@

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

> 1. an authorised legal business, professional services which are in any respect not of the quality which could reasonably be expected of a competent authorised legal business,

> 2. a person exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the 2025 Act (or section 27 of the 1990 Act), professional services which are in any respect not of the quality which could reasonably be expected of a competent person exercising such a right,

> 2. a person exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of the 2025 Act (or section 27 of the 1990 Act), professional services which are in any respect not of the quality which could reasonably be expected of a competent person exercising such a right,

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

> - “*legal services*” has the meaning given by [section 5](https://www.legislation.gov.uk/asp/2025/8/section/5/enacted) of the 2025 Act,

> - “*legal services*” has the meaning given by [section 5](https://www.legislation.gov.uk/asp/2025/8/section/5/2025-06-28) of the 2025 Act,

@@ -6797,7 +6797,7 @@

- (g) for paragraph (f) substitute—

> 1. a person exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the 2025 Act (or section 27 of the 1990 Act) and includes any such person, whether or not the person had acquired the right at that time and notwithstanding that subsequent to that time the person no longer has the right,

> 1. a person exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of the 2025 Act (or section 27 of the 1990 Act) and includes any such person, whether or not the person had acquired the right at that time and notwithstanding that subsequent to that time the person no longer has the right,

@@ -6903,7 +6903,7 @@

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

> (d) persons exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/enacted) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/enacted) of the 2025 Act (or section 27 of the 1990 Act).

> (d) persons exercising a right to provide legal services acquired by virtue of [Chapter 3](https://www.legislation.gov.uk/asp/2025/8/part/1/chapter/3/2025-06-28) of [Part 1](https://www.legislation.gov.uk/asp/2025/8/part/1/2025-06-28) of the 2025 Act (or section 27 of the 1990 Act).

@@ -8078,8 +8078,8 @@

- (a) after the definition of “building society” insert—

@@ -8099,7 +8099,7 @@

- (2) In Part 7 of schedule 1, after paragraph 61C insert—

> (61D) A body that is assigned as a category 1 regulator in or under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/enacted) of the Regulation of Legal Services (Scotland) Act 2025, but only in respect of information relating to the exercise of its regulatory functions within the meaning of section [6](https://www.legislation.gov.uk/asp/2025/8/section/6/enacted) of that Act.

> (61D) A body that is assigned as a category 1 regulator in or under [section 7](https://www.legislation.gov.uk/asp/2025/8/section/7/2025-06-28) of the Regulation of Legal Services (Scotland) Act 2025, but only in respect of information relating to the exercise of its regulatory functions within the meaning of section [6](https://www.legislation.gov.uk/asp/2025/8/section/6/2025-06-28) of that Act.

@@ -8161,7 +8161,7 @@

##### 44

After section 63A of the 1980 Act (inserted by [paragraph 39](https://www.legislation.gov.uk/asp/2025/8/schedule/3/paragraph/39/enacted)[(17)](https://www.legislation.gov.uk/asp/2025/8/schedule/3/paragraph/39/17/enacted)) insert—

After section 63A of the 1980 Act (inserted by [paragraph 39](https://www.legislation.gov.uk/asp/2025/8/schedule/3/paragraph/39/2025-06-28)[(17)](https://www.legislation.gov.uk/asp/2025/8/schedule/3/paragraph/39/17/2025-06-28)) insert—

> (63B)

> (1) This section applies if a category 1 or category 2 regulator considers that a person has committed an offence under any of the following provisions—

@@ -8209,12 +8209,12 @@

> (a) section 73(2) (offence of concealing disqualification),

> (b) section 74 (offence of pretending to be licensed).

> (43C) An offence under any of the following provisions of the Regulation of Legal Services (Scotland) Act 2025—

> (a) [section 31](https://www.legislation.gov.uk/asp/2025/8/section/31/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/31/1/enacted) (offence of pretending to have acquired rights),

> (b) [section 39](https://www.legislation.gov.uk/asp/2025/8/section/39/enacted)[(5)](https://www.legislation.gov.uk/asp/2025/8/section/39/5/enacted) (offence of owning or operating a legal business without authorisation),

> (c) [section 40](https://www.legislation.gov.uk/asp/2025/8/section/40/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/40/1/enacted) (offence of pretending to be an authorised legal business),

> (d) [section 90](https://www.legislation.gov.uk/asp/2025/8/section/90/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/enacted) (offence of taking or using the title of lawyer),

> (e) [section 91](https://www.legislation.gov.uk/asp/2025/8/section/91/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/91/1/enacted) (offence of pretending to be a regulated provider of legal services),

> (f) [section 92](https://www.legislation.gov.uk/asp/2025/8/section/92/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/enacted) (offence of pretending to be a member of the Faculty of Advocates).

> (a) [section 31](https://www.legislation.gov.uk/asp/2025/8/section/31/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/31/1/2025-06-28) (offence of pretending to have acquired rights),

> (b) [section 39](https://www.legislation.gov.uk/asp/2025/8/section/39/2025-06-28)[(5)](https://www.legislation.gov.uk/asp/2025/8/section/39/5/2025-06-28) (offence of owning or operating a legal business without authorisation),

> (c) [section 40](https://www.legislation.gov.uk/asp/2025/8/section/40/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/40/1/2025-06-28) (offence of pretending to be an authorised legal business),

> (d) [section 90](https://www.legislation.gov.uk/asp/2025/8/section/90/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/2025-06-28) (offence of taking or using the title of lawyer),

> (e) [section 91](https://www.legislation.gov.uk/asp/2025/8/section/91/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/91/1/2025-06-28) (offence of pretending to be a regulated provider of legal services),

> (f) [section 92](https://www.legislation.gov.uk/asp/2025/8/section/92/2025-06-28)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/92/1/2025-06-28) (offence of pretending to be a member of the Faculty of Advocates).

@@ -8233,12 +8233,12 @@

> (a) section 73(2) (offence of concealing disqualification),

> (b) section 74 (offence of pretending to be licensed).

> (32E) An offence under any of the following provisions of the Regulation of Legal Services (Scotland) Act 2025—

> (a) [section 31](https://www.legislation.gov.uk/asp/2025/8/section/31/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/31/1/enacted) (offence of pretending to have acquired rights),

> (d) [section 90](https://www.legislation.gov.uk/asp/2025/8/section/90/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/8/section/90/1/enacted) (offence of taking or using the title of lawyer),

2025-06-27

Regulation of Legal Services (Scotland) Act 2025

original version Text at this date