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
This Bill is at Stage 2 of the process to decide if it should become an Act.
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:
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:
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.
Regulation of Legal Services (Scotland) Bill as introduced (6MB, pdf) posted 20 April 2023
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
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
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
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
A Keeling schedule is a schedule to a bill which reproduces the provisions of an earlier Act of Parliament and shows the effect of the bill on that Act. It is usually added as an appendix to the proposed amendment.
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
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.
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.
The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Equalities, Human Rights and Civil Justice Committee held a call for views to help inform its examination of the 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
Letter to the Minister for Victims and Community Safety from the Convener of the Equalities, Human Rights and Civil Justice Committee, 21 March 2024
Letter from the Minister for Victims and Community Safety, 11 March 2024
Letter to the Minister for Victims and Community Safety from the Convener of the Equalities, Human Rights and Civil Justice Committee, 1 March 2024
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
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
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 23 November 2023.
Letter from the Law Society of Scotland to the Convener, 20 November 2023
Letter from the Lord President of the Court of Session to the Convener, 17 November 2023
Letter from the Minister for Victims and Community Safety to the Convener, 16 November 2023
Letter from the Convener to the Lord President of the Court of Session, 9 November 2023
Letter from the Law Society of Scotland to the Convener, 3 November 2023
See a full list of Stage 1 correspondence
A Stage 1 debate took place on 22 February 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
Result 62 for, 29 against, 25 abstained, 13 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 22 February 2024
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.
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.
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.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Citizens Advice Scotland Stage 2 briefing, 23 April 2024
Letter from the Minister for Victims and Community Safety to the Convener of the Equalities, Human Rights and Civil Justice Committee, 18 April 2024
Consumer Scotland Stage 2 briefing, 18 April 2024
See a full list of Stage 2 correspondence