Legislation – Regulation of Legal Services (Scotland) Act 2025

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Part 5General

98Individual culpability for offending by an organisation

(1)

Subsection (2) applies where—

(a)

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

(b)

the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

(i)

a responsible official of the organisation, or

(ii)

an individual purporting to act in the capacity of a responsible official.

(2)

The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence.

(3)

“Relevant organisation” means—

(a)

a company,

(b)

a partnership (including a limited liability partnership),

(c)

another body or association.

(4)

“Responsible official” means—

(a)

in the case of a company—

(i)

a director, secretary, manager or similar officer, or

(ii)

where the affairs of the company are managed by its members, a member,

(b)

in the case of a limited liability partnership, a member,

(c)

in the case of a partnership other than a limited liability partnership, a partner,

(d)

in the case of another body or association, a person who is concerned in the management or control of its affairs.

99Civil enforcement in relation to offences

(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—

(a)

section 31(1) (offence of pretending to have acquired rights),

(b)

section 39(5) (offence of owning or operating a legal business without authorisation),

(c)

section 40(1) (offence of pretending to be an authorised legal business),

(d)

section 90(1) (offence of taking or using the title of lawyer),

(e)

section 91(1) (offence of pretending to be a regulated legal services provider),

(f)

section 92(1) (offence of pretending to be a member of the Faculty of Advocates).

(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), 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.

100Regulations

(1)

Any power of the Scottish Ministers to make regulations under this Act includes power to make—

(a)

different provision for different purposes,

(b)

incidental, supplementary, consequential, transitional, transitory or saving provision.

(2)

This section does not apply to section 103(3).

101Ancillary provision

(1)

The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2)

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

(3)

Regulations under subsection (1)—

(a)

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

(b)

otherwise, are subject to the negative procedure.

102Interpretation

(1)

In this Act—

“1980 Act” means the Solicitors (Scotland) Act 1980,

“1990 Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,

“2007 Act” means the Legal Profession and Legal Aid (Scotland) Act 2007,

“2010 Act” means the Legal Services (Scotland) Act 2010.

(2)

In this Act, unless the context otherwise requires—

“accredited regulator” has the meaning given in section 28(8),

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

“ALB rules” is to be construed in accordance with section 41(1),

“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(14)(a),

“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,

“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,

“the Commission” means the Scottish Legal Complaints Commission,

“the independent advisory panel of the Commission” is the independent advisory panel established by the Commission under paragraph 11A of schedule 1 of the 2007 Act,

“Law Society” means the Law Society of Scotland,

“legal services provider” has the meaning given in section 5(4),

“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,

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

103Commencement

(1)

This section and section 104 come into force on the day of Royal Assent.

(2)

Sections 100 to 102 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.

(4)

Regulations under this section may—

(a)

include transitional, transitory or saving provision,

(b)

make different provision for different purposes.

104Short title

The short title of this Act is the Regulation of Legal Services (Scotland) Act 2025.