Legislation – Regulation of Legal Services (Scotland) Act 2025

“61D

A body that is assigned as a category 1 regulator in or under section 7 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 of that Act.”.

Removal of special provision for confirmation agents and will writers etc.

41

In the 2007 Act, Part 2B (special provision for confirmation agents and will writers) is repealed.

42 (1)

The 2010 Act is amended as follows.

(2)

In section 48(5) (eligibility criteria)—

(a)

at the end of paragraph (b), insert “or”,

(b)

paragraph (d) and the “or” immediately preceding it are repealed.

(3)

In section 72(1)(c) (employing disqualified lawyer)—

(a)

at the end of sub-paragraph (ii) insert “or”,

(b)

sub-paragraph (iv) and the “or” immediately preceding it are repealed.

(4)

In section 73(1)(c) (concealing disqualification)—

(a)

at the end of sub-paragraph (ii) insert “or”,

(b)

sub-paragraph (iv) and the “or” immediately preceding it are repealed.

(5)

Part 3 (confirmation and will writing services) is repealed.

(6)

In section 146(3)(a) (regulations)—

(a)

at the end of sub-paragraph (viii) insert “or”,

(b)

sub-paragraphs (x) to (xiv) are repealed.

(7)

In section 149(4)(b) (definitions), for “Parts 2 and 3” substitute “Part 2”.

(8)

In schedule 9 (index of expressions used), the entries relating to the following definitions (and the preceding heading relating to “Part 3 expressions”) are repealed—

(a)

“approving body (of confirmation agent)”,

(b)

“approving body (of will writer)”,

(c)

“confirmation agent and confirmation services”,

(d)

“regulatory scheme (of approving body)”,

(e)

“will writer and will writing services”.

43

In the Enterprise and Regulatory Reform Act 2013, in schedule 6 (regulatory repeals etc: minor and consequential amendments), paragraphs 198 to 200 are repealed.

Civil enforcement of certain offences

44

After section 63A of the 1980 Act (inserted by paragraph 39(17)) insert—

“63BCivil enforcement in relation to certain 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 23(1) (offence of practising as solicitor without practising certificate),

(b)

section 26(1) (offence for solicitor to act as agent for unqualified person),

(c)

section 28 (offence for disqualified solicitor to seek employment without informing employer),

(d)

section 31(1) (offence for unqualified person to pretend to be solicitor or notary public),

(e)

section 32(1) (offence for unqualified person to provide certain legal services).

(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.”.

45

After section 74 of the 2010 Act insert—

“74ACivil enforcement in relation to certain offences

(1)

Subsection (2) applies if an approved regulator considers that a person has committed an offence under either of the following provisions—

(a)

section 73(2) (offence of employee concealing disqualification from licensed provider employer),

(b)

section 74(1) (offence of pretending to be licensed provider).

(2)

The approved 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 any thing 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 any thing that constitutes or would constitute the offence.

(4)

If an approved regulator considers that a body has committed an offence under section 73(5) (offence of concealing revocation as incorporated practice), the regulator may apply to the sheriff or the Court of Session for interdict (including interim interdict) against the body, or a person connected to the body, to seek to prevent—

(a)

the body from doing anything that constitutes or would constitute the offence, or

(b)

the person from doing anything that contributes to, or would contribute to, the commission of the offence by the body.

(5)

Following an application under subsection (4), 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 anything mentioned in subsection (4)(a) or (b) from being done.

(6)

This section does not restrict an approved regulator from seeking any other court order against a person or body mentioned in this section.”.

Disclosure requirements in connection with new offences

46 (1)

The Disclosure (Scotland) Act 2020 is amended as follows.

(2)

In schedule 1 (list A offences)—

(a)

after paragraph 43 (insolvency), insert—

“Legal professions etc.

43A

An offence under the Solicitors (Scotland) Act 1980.

43B

An offence under either of the following provisions of the Legal Services (Scotland) Act 2010—

(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(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 provider of legal services),

(f)

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

(b)

paragraph 60 (solicitors) and the heading immediately preceding it are repealed.

47 (1)

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 (S.S.I. 2013/50) is amended as follows.

(2)

In schedule A1 (offences which must be disclosed subject to exceptions)—

(a)

after paragraph 32B (insolvency), insert—

“Legal professions etc.

32C

An offence under the Solicitors (Scotland) Act 1980.

32D

An offence under either of the following provisions of the Legal Services (Scotland) Act 2010—

(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(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 provider of legal services),

(f)

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

(b)

paragraph 44D (solicitors) and the heading immediately preceding it are revoked.