Regulation of Legal Services (Scotland) Act
A decade of campaigning by the Law Society of Scotland has resulted in new legislation that will better protect legal services consumers and benefit Scotland’s legal sector.
The Regulation of Legal Services (Scotland) Act 2025 modernises and significantly updates Scotland’s system of legal service regulation. Its purpose is simple: increased independence for regulators, stronger protection for the public, clearer accountability, and faster resolution when things go wrong.
A new set of regulatory objectives safeguards rule of law protection, consumer protection, access to justice, and the public interest.
The Act introduces major changes for the Law Society and the legal profession, however important core principles are retained:
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Scottish solicitors remain bound by core professional standards, ethics and independence
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Client confidentiality and the right to independent legal advice remain unchanged
The Act is not yet in force and will be introduced in phases by the Scottish Government in consultation with the Law Society and other regulatory bodies.
The first commencement order has now been laid before the Scottish Parliament. It includes section 48 of the Act, the provision requiring the Law Society to prepare rules for entity regulation within a period of up to three years, as agreed with the Lord President. This section comes into force on 1 July 2026.
A letter from the Minister to the EHRCJ Committee provides a helpful summary of the changes. The first commencement order also brings into force, from 5 March 2026, section 89 of the Act which removes barriers for third sector organisations to employ solicitors directly and offer certain legal services.
We will provide further updates as implementation of the Act progresses.
Key changes under the Act
Once fully implemented, the new Act will:
Enable a faster, simpler complaints and redress mechanisms
- The Law Society gains stronger investigation powers, including increased suspension powers to better protect consumers.
- Streamlined complaints processes will reduce delays and avoid unnecessary duplication. We will also be able to initiate complaints without first referring them to the Scottish Legal Complaints Commission, the gateway organisation for all legal complaints in Scotland.
- There will be new powers to dispose of cases at an early stage when deemed appropriate.
- It will be possible to raise a complaint against a law firm as a whole, and not solely in relation to individual practitioners.
Bring stronger consumer protections and increased transparency
- The Law Society's Regulatory Committee will have increased independence from Council.
- Regulation is set to be more transparent with the Law Society gaining increased powers to publish regulatory decisions and sanctions. We will also be required to carry out additional public annual reporting.
- The Law Society will become subject to Freedom of Information for regulatory functions.
- There will be a new duty on regulators, including the Law Society, the Scottish Legal Complaints Commission and the Faculty of Advocates, to publish clear, accessible information about the individuals and organisations they regulate.
- Scotland will have a new criminal offence on the use of the title 'lawyer' by anyone who is not authorised to provide legal advice to members of the public. This restriction will help provide clarity on those who are entitled to call themselves a lawyer and reduce risk for consumers who are seeking legal support.
- The Scottish Legal Complaints Commission will have a new duty to create and maintain a register of unregulated providers of legal services.
Introduce entity regulation
- The Law Society will have increased powers to monitor and investigate law firms as a whole, as well as individual solicitor members.
- Firms must be able to demonstrate that they have the right systems, culture and controls to meet regulatory standards set by the Law Society.
- Consumers will have a clearer understanding of responsibility pathways if something goes wrong, with the Law Society gaining powers to suspend or withdraw authorisation of a law firm, in addition to the ability to sanction firms.
Increase oversight of regulators
- The Lord President gains new powers to oversee and review regulatory performance of regulators, including powers to censure or direct the regulator.
- The Scottish Parliament, Consumer Scotland and the Scottish Legal Complaints Commission’s independent advisory panel can request a review of a regulator's performance.
- The Scottish Legal Complaints Commission will gain the power to set mandatory minimum standards and guidance for regulators about investigating and determining complaints and about the operation of the Law Society's Client Protection Fund.
New legislation to usher in major improvements to legal services regulation
A decade-long campaign by the Law Society has brought new legislation that will better protect legal services consumers and benefit Scotland’s legal sector. The Regulation of Legal Services (Scotland) Bill will see the Law Society continue as the independent regulator of Scottish solicitors, while gaining new powers to act in the public interest.
Law Society sets out approach to implement landmark regulatory reforms
The Law Society has set out its initial approach to implementing the Scottish Parliament’s landmark reforms to the way legal services are regulated.
Client protection
Find out about the consumer protections available to clients, what standards solicitors must meet, and what to do if you feel your solicitor has not met them.
Additional
Regulatory Committee
Find out more about the important role of our Regulatory Committee
Legal Services Regulation
In 2015 we set out our ambition to secure a modern, flexible and enabling legislative framework to improve legal services regulation - read more about our work prior to the introduction of the Regulation of Legal Services (Scotland) Act 2025