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Regulation of Legal Services (Scotland) Bill

This Bill updates the regulation of legal services in Scotland and provides for a modernised regulatory framework.

This is a Government bill

The Bill was introduced on 20 April 2023 and is at Stage 2

Introduced: the Bill and its documents

Overview

This Bill updates the regulation of legal services in Scotland and provides for a modernised regulatory framework.

Part 1 deals with the overarching regulatory framework. It has three Chapters which:

  • set out what regulated legal services are to achieve and the standards that those providing services should follow,
  • make rules for all regulators of legal services. It divides regulators into two categories and places different rules on each,
  • set out how an organisation can become a regulator and its members can gain permission to provide legal services.

Part 2 sets out rules about how businesses that provide legal services should be regulated. 

Part 3 is about complaints about legal services and how they are dealt with.

Part 4 makes a variety of other changes, including:

  • changing ownership limits for a type of legal business,
  • making it simpler for charities and third sector organisations to provide legal services,
  • creating new offences in connection with people who pretend to be able to provide legal services.

Why the Bill was created

Since December 2015, there have been several reports proposing changes to the regulation of legal services. 

In response to calls for reform from the legal sector and others, the Scottish Government commissioned an independent review to look at reforming the regulation of legal services in Scotland. The Bill will implement a number of recommendations from the Report of the Independent Review of Legal Services Regulation in Scotland by Esther Roberton. 

Esther Roberton’s report viewed that primary legislation was required to update the regulation of legal services in Scotland.  

Accompanying Documents

Explanatory Notes (363KB, pdf) posted 20 April 2023

Policy Memorandum (499KB, pdf) posted 20 April 2023

Financial Memorandum (489KB, pdf) posted 20 April 2023

Delegated Powers Memorandum (283KB, pdf) posted 20 April 2023

Statements on legislative competence (117KB, pdf) posted 20 April 2023

Accompanying Documents (print versions)

Explanatory Notes (454KB, pdf) posted 20 April 2023

Policy Memorandum (560KB, pdf) posted 20 April 2023

Financial Memorandum (527KB, pdf) posted 20 April 2023

Delegated Powers Memorandum (339KB, pdf) posted 20 April 2023

Statements on legislative competence (168KB, pdf) posted 20 April 2023

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Additional information from the Scottish Government at introduction

Keeling schedules

Keeling schedule - Solicitors (Scotland) Act 1980 (609KB, pdf) posted 15 June 2023

Keeling schedule - Legal Profession and Legal Aid (Scotland) Act 2007 (776KB, pdf) posted 20 April 2023

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on Regulation of Legal Services (Scotland) Bill


The Bill was introduced on 20 April 2023

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

On 14 June 2023, Parliament agreed that consideration of the Bill at Stage 1 be completed by 15 December 2023.

On 4 October 2023, Parliament agreed that consideration of the Bill at Stage 1 be extended to 23 February 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee.

Call for views (closed)

The Equalities, Human Rights and Civil Justice Committee held a call for views to help inform its examination of the Bill

Read the call for views

Meetings of the lead committee

Correspondence: lead committee

Regulation of Legal Services (Scotland) Bill

Letter from the Scottish Legal Complaints Commission (SLCC) Consumer Panel to the Convener of the Equalities, Human Rights and Civil Justice Committee, 15 April 2024

Regulation of Legal Services (Scotland) Bill

Letter to the Minister for Victims and Community Safety from the Convener of the Equalities, Human Rights and Civil Justice Committee, 21 March 2024

Regulation of Legal Services (Scotland) Bill

Letter from the Minister for Victims and Community Safety, 11 March 2024

Regulation of Legal Services (Scotland) Bill

Letter to the Minister for Victims and Community Safety from the Convener of the Equalities, Human Rights and Civil Justice Committee, 1 March 2024

Regulation of Legal Services (Scotland) Bill

Letter to the President of the Law Society of Scotland from the Convener of the Equalities, Human Rights and Civil Justice Committee, 1 March 2024

See a full list of Stage 1 correspondence

Stage 1 report by the lead committee

The lead committee published its report on 8 February 2024

Regulation of Legal Services (Scotland) Bill Stage 1 Report

The Committee received the following response to its report:

Letter from the Minister for Victims and Community Safety (378KB, pdf) posted 16 February 2024

Work by other committees

Finance and Public Administration Committee


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 23 November 2023.

Read the report

Delegated Powers and Law Reform Committee Correspondence

Law Society of Scotland letter on Regulation of Legal Services (Scotland) Bill

Letter from the Law Society of Scotland to the Convener, 20 November 2023

Regulation of Legal Services (Scotland) Bill letter from the Lord President

Letter from the Lord President of the Court of Session to the Convener, 17 November 2023

Regulation of Legal Services (Scotland) Bill letter from the Scottish Government

Letter from the Minister for Victims and Community Safety to the Convener, 16 November 2023

Regulation of legal Services (Scotland) Bill

Letter from the Convener to the Lord President of the Court of Session, 9 November 2023

Law Society of Scotland further written evidence on the Regulation of Legal Services Scotland Bill

Letter from the Law Society of Scotland to the Convener, 3 November 2023

See a full list of Stage 1 correspondence


Stage 1 Debate and decision

A Stage 1 debate took place on 22 February 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Regulation of Legal Services (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Regulation of Legal Services (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Monday, 08 January 2024
  • Motion reference: S6M-11800
  • Current status: Taken in the Chamber on Thursday, 22 February 2024

See further details of the motion


  • Motion title: Regulation of Legal Services (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Regulation of Legal Services (Scotland) Bill.
  • Submitted by: Siobhian Brown
  • Date lodged: Tuesday, 20 February 2024
  • Motion reference: S6M-12248
  • Current status: Taken in the Chamber on Thursday, 22 February 2024

Result 62 for, 29 against, 25 abstained, 13 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 22 February 2024

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Timetable for Stage 2

On 27 March 2024, Parliament agreed that consideration of the Bill at Stage 2 be completed by 31 May 2024.

On 29 May 2024, Parliament agreed that consideration of the Bill at Stage 2 be extended to 1 November 2024.

Stage 2 Amendments

MSPs can currently submit amendments ("changes") to the Bill.  A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.

The deadline for amendments will be added once the Stage 2 meeting date has been confirmed.

Stage 2 Correspondence

Regulation of Legal Services (Scotland) Bill

Citizens Advice Scotland Stage 2 briefing, 23 April 2024

Regulation of Legal Services (Scotland) Bill

Letter from the Minister for Victims and Community Safety to the Convener of the Equalities, Human Rights and Civil Justice Committee, 18 April 2024

Regulation of Legal Services (Scotland) Bill

Consumer Scotland Stage 2 briefing, 18 April 2024

Bill as amended at Stage 2

The Bill as amended will be published following Stage 2 proceedings.