Legislation – Regulation of Legal Services (Scotland) Act 2025
Changes to legislation:
Regulation of Legal Services (Scotland) Act 2025, Section 43 is up to date with all changes known to be in force on or before 14 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 43:
- s. 43 coming into force by S.S.I. 2026/96 reg. 2(3)(4) sch. 2
- s. 43 excluded by 1980 c. 46, s. 54(1BA) (as inserted) by 2025 asp 8 sch. 3 para. 33(2)
- s. 43 excluded by 1980 c. 46, s. 54B(5) (as inserted) by 2025 asp 8 sch. 3 para. 10(9)
Part 2Regulation of legal businesses
Regulation of authorised legal businesses
43Appeals in relation to authorisation decisions
(1)
An appeal against a relevant authorisation decision may be made to the sheriff by—
(a)
an applicant for authorisation under rules made in pursuance of section 42, or
(b)
an authorised legal business.
(2)
An appeal under subsection (1) must be made within the period of 3 months beginning with the later of—
(a)
the day on which the relevant authorisation decision is intimated to the applicant or, as the case may be, authorised legal business, or
(b)
where the relevant authorisation decision has been the subject of an internal appeal process of the category 1 regulator, the day on which the decision of the internal appeal is intimated to the applicant or, as the case may be, the authorised legal business.
(3)
A relevant authorisation decision is a decision taken under authorisation rules made in pursuance of this Part to—
(a)
refuse an application for authorisation of a legal business,
(b)
impose, vary or revoke conditions or restrictions in relation to its authorisation, or
(c)
suspend or withdraw its authorisation.
(4)
In the appeal, the sheriff may—
(a)
uphold, vary or quash the decision,
(b)
make such further order (including for the expenses of the parties) as is necessary in the interests of justice.
(5)
The sheriff’s determination in the appeal is final.