Legislation – Regulation of Legal Services (Scotland) Act 2025

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Part 1Regulatory framework

Chapter 1Objectives, principles and key definitions

Regulatory objectives

2Regulatory objectives

(1)

The objectives of regulating legal services are—

(a)

to support the constitutional principles of the rule of law and the interests of justice,

(b)

to protect and promote the interests of consumers and the wider public interest,

(c)

to promote—

(i)

access to justice,

(ii)

an independent, strong and diverse legal profession,

(iii)

quality, innovation and competition in the provision of legal services,

(iv)

effective communication between regulators and legal services providers, and

(v)

effective communication between regulators and bodies that represent the interests of consumers, and

(d)

for those regulating legal services to—

(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(4), and

(iii)

promote and maintain adherence to the professional principles.

(2)

In this Act, the “regulatory objectives” are the objectives described in subsection (1).

3Application of the regulatory objectives

(1)

A regulatory authority must so far as practicable exercise its regulatory functions (see section 6) 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(1)(b) and (c), 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,

(b)

a consumer should receive sufficient information about the consumer’s rights and the services that are available,

(c)

a consumer should be treated fairly at all times,

(d)

a consumer should be able to access a means of redress when services are not of a suitable standard, and

(e)

the views of consumers should be understood and taken into account.

(3)

Without limit to the generality of section 2(1)(c)(ii), 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(1)(d)(ii), the regulatory principles are—

(a)

that regulatory functions should be—

(i)

exercised in a way that is transparent, accountable, proportionate and consistent, and

(ii)

targeted only at cases in which action is needed, and

(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, the regulatory authorities are—

(a)

the Court of Session,

(b)

the Lord President,

(c)

the Commission,

(d)

the Scottish Solicitors’ Discipline Tribunal,

(e)

each category 1 and category 2 regulator, and

(f)

each approved regulator of licensed providers.