Regulation of Legal Services (Scotland) Act 2025

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2,630 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

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Defined terms · 24

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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 establi
acquired right
means the right or rights to provide legal services specified and described in a regulatory scheme given effect to under section 28, • “conduct complaint” is to be construed in accordance with Part 1 of the 2007 Act, • “right of audience” includes, in relation to any court, any such right exercisable by an advocate, • “right to conduct litigation” means the right to exercise on behalf of a client all or any of the functions, other than any right of audience, which may be exercised by a solicitor in relation to litigation.
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
authorised provider
means a legal services provider that is authorised by a discontinuing regulator to provide legal services, • “discontinuing regulator” means an accredited regulator that— (a) is the subject of a potential measure as mentioned in section 19(4)(f) to remove all of its regulatory functions, (b) has made an application under section 30, (c) is the subject of regulations to revoke its approval under section 34, or (d) has ceased operating otherwise than in accordance with any of the ways mentioned in paragraph (a), (b) or (c), • “regulatory complaint” is to be construed in accordance with Part 1 of the 2007 Act, • “services complaint” is to be construed in accordance with Part 1 of the 2007 Act.
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.
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.
charity
means a body entered in the Scottish Charity Register,”
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.
discontinuing regulator
means an accredited regulator that— (a) is the subject of a potential measure as mentioned in section 19(4)(f) to remove all of its regulatory functions, (b) has made an application under section 30, (c) is the subject of regulations to revoke its approval under section 34, or (d) has ceased operating otherwise than in accordance with any of the ways mentioned in paragraph (a), (b) or (c), • “regulatory complaint” is to be construed in accordance with Part 1 of the 2007 Act, • “services complaint” is to be construed in accordance with Part 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.
legal disputes
includes disputes as to any matter of fact the resolution of which is relevant to determining the nature of any person’s legal rights or obligations.
legal services provider
means a person or body that provides legal services (whether or not directly to the public and whether or not the person’s provision of such legal services is regulated).
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.
professional liability
means any civil liability incurred by a legal services provider (or former legal services provider) in connection with the provision of legal services or other services (in addition to legal services) that form part of the professional practice of the solicitors or qualifying individuals within the legal business (within the meaning of section 39(2)) that provides the legal services.
qualifying individual
means an individual, other than a solicitor, whose provision of legal services is regulated by a category 1 regulator.
regulator
means—
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.
reporting year
means, in relation to a category 1 regulator, a 12 month period that coincides with the regulator’s financial year.
right of audience
includes, in relation to any court, any such right exercisable by an advocate, • “right to conduct litigation” means the right to exercise on behalf of a client all or any of the functions, other than any right of audience, which may be exercised by a solicitor in relation to litigation.
right to conduct litigation
means the right to exercise on behalf of a client all or any of the functions, other than any right of audience, which may be exercised by a solicitor in relation to litigation.
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.
specified
means specified in the order made by the Court.”
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.
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.