Legislation – Regulation of Legal Services (Scotland) Act 2025
Which version?
Latest available (Revised)
Original (As enacted)
Part 1Regulatory framework
Chapter 2regulators
Special rule changes
20Power to direct special rule changes
(1)
A regulator may, on the application of a legal services provider that it regulates, direct that any rule of the regulator—
(a)
does not apply to the provider, or
(b)
applies to the provider with such modifications as may be specified in the direction.
(2)
A regulator may give a direction only if it is satisfied the direction is compatible with the regulatory objectives.
(3)
A direction may be given where the regulator considers it—
(a)
desirable for the purpose of enabling a new or alternative way of providing or regulating legal services to be piloted,
(b)
reasonable and proportionate for the purpose of—
(i)
avoiding a regulatory conflict,
(ii)
removing an unnecessary rule, or
(iii)
making a rule less onerous, or
(c)
necessary or appropriate in the circumstances.
(4)
A direction may not disapply or modify a requirement under this Act or any other enactment.
(5)
Where a regulator considers that giving a direction for the purpose described in subsection (3)(a) could have the effect of restricting, distorting or preventing competition to any significant extent, it must, before giving the direction, consult the Competition and Markets Authority on the effect of the direction.
(6)
A copy of a direction must be given to—
(a)
the legal services provider to whom the direction relates, and
(b)
if the direction falls within subsection (7), the Lord President.
(7)
A direction falls within this subsection if—
(a)
it disapplies or modifies such rules or types of rules as the Lord President may specify for the purpose of this section, and
(b)
the Lord President has notified the regulator that copies of directions relating to such rules (or types of rules) are to be given.
(8)
A direction—
(a)
must specify—
(i)
the day on which it comes into force, and
(ii)
the day on which it ceases to have effect or whether it is to have effect for an indefinite period,
(b)
may be subject to conditions, and
(c)
may make different provision for different purposes.
(9)
A legal services provider to whom a direction relates must inform the regulator of any change of circumstances relevant to the direction.
(10)
A direction ceases to have effect on whichever day is the earlier of—
(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, 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) (including as it may be amended under section 21),
“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 is a regulatory function of the regulator (see also sections 3 and 6).
21Powers to amend or revoke directions
(1)
A regulator may—
(a)
amend a direction on the application of the legal services provider to whom it relates, or
(b)
revoke a direction.
(2)
The Lord President may revoke a direction given for the purpose described in section 20(3)(a) at any time by giving notice to—
(a)
the regulator that gave the direction, and
(b)
the legal services provider to whom the direction relates.
(3)
Section 20(3) to (11) applies to an amendment under subsection (1) as it applies to a direction.
(4)
Section 20(6) and (8)(a) applies to a revocation under subsection (1) as it applies to a direction.
(5)
Section 20(8)(a) applies to a revocation under subsection (2) as it applies to a direction.
(6)
In this section, “direction” and “regulator” have the meanings given in section 20(12).
22Register of directions
(1)
A regulator must establish and maintain a register of relevant directions.
(2)
The register must for each direction—
(a)
contain a copy of—
(i)
the direction, and
(ii)
any amendments to the direction, and
(b)
specify—
(i)
the day on which the direction will cease to have effect (if not revoked earlier), or
(ii)
whether the direction is to have effect for an indefinite period.
(3)
A regulator—
(a)
must withhold information in a document mentioned in subsection (2) 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—
(i)
prejudice substantially the commercial interests of any person, or
(ii)
breach an obligation of confidence owed by any person.
(4)
The register must be accessible to, and searchable by, the public, free of charge, by such electronic means as the regulator considers appropriate.
(5)
In this section—
“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(12),
“relevant direction” means, in relation to a regulator, a direction given by the regulator under section 20(1) for the purpose described in section 20(3)(a) that is still in force.