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

Type Scottish-Statutory-Instrument
Publication 2026-02-17
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Made: 17th February 2026

Laid before the Scottish Parliament: 19th February 2026

Coming into force: 5th March 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 103(3) and (4) of the Regulation of Legal Services (Scotland) Act 2025[^f00001].

Citation, commencement and interpretation

1

Appointed days

2

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

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

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

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

Signed

SIOBHIAN BROWN — Authorised to sign by the Scottish Ministers — 17th February 2026

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

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

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

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

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

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

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

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

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

Footnotes

[^f00001]: 2025 asp 8.

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