Legislation – The Regulation of Legal Services (Scotland) Act 2025 (Commencement No. 1) Regulations 2026

These Regulations bring certain provisions of the Regulation of Legal Services (Scotland) Act 2025 (“the Act”) into force. The Bill for the Act received Royal Assent on 27 June 2025. By virtue of section 103(1) and (2), that section together with section 104 came into force that day, and sections 100 to 102 came into force on 28 June 2025.

Regulation 2(1) and (2) and schedule 1 appoint 5 March 2026 for the coming into force of sections 1 to 49 (for a limited purpose), 79, 89, 95 and schedule 2 (for a limited purpose) of the Act.

Regulation 2(3) and (4) and schedule 2 appoint 1 July 2026 for the coming into force of sections 5 (for a limited purpose), 7(2) (for a limited purpose), 38(6) (for a limited purpose), 39 (for a limited purpose), 41 to 47 (for a limited purpose), 48 (for all remaining purposes), 80 and Part 2 of schedule 1 (for a limited purpose) of the Act.

Section 79 amends schedule 1 of the Legal Profession and Legal Aid (Scotland) Act 2007 (“2007 Act”) to make changes to the length of term of board members of the Scottish Legal Complaints Commission (“the Commission”). The change also introduces flexibility in the number of board members and removes a requirement for a number of legal members to have a minimum term of practising experience.

Section 89 amends the Solicitors (Scotland) Act 1980 to remove barriers for third-sector organisations to employ solicitors directly and offer certain reserved legal services.

Section 95 creates a power for the Lord President to make rules in connection with the exercise of the Lord President’s functions under Parts 1 and 2 of the Act. Sections 1 to 49, which make up Parts 1 and 2 of the Act, and schedule 2 are commenced for the limited purpose of enabling the Lord President to produce those rules.

Section 48 requires the Law Society of Scotland to create rules in respect of the regulation of legal businesses within a time period agreed with the Lord President but no longer than 3 years. Sections 5, 7(2), 39 and 41 to 47 are commenced for the purpose of facilitating the creation of those rules. Part 2 of schedule 1 is also commenced for that limited purpose and section 38(6) is commenced for the limited purpose of introducing Part 2 of schedule 1.

Section 80 expands the functions of the independent advisory panel (known as the “Consumer Panel”) created under the 2007 Act. The Consumer Panel will have the power to make recommendations to the Commission in relation to any of its functions and to legal services regulators and the Lord President in relation to their functions conferred by the Act.