Scottish Ministers have signed the first commencement regulations for the Regulation of Legal Services (Scotland) Act 2025. The instrument, made on 17 February 2026 by Siobhian Brown, was laid before the Scottish Parliament on 19 February and comes into force on 5 March 2026, setting a two‑stage timetable for implementation.
The Act received Royal Assent on 27 June 2025 following passage through the Scottish Parliament. The new regulations move the framework from statute to application, establishing dates for targeted commencement and associated rule‑making activity. (parliament.scot)
From 5 March 2026, sections 1 to 49 of the Act-comprising Parts 1 and 2-are commenced for the limited purpose of enabling the Lord President to prepare rules. Sections 79, 89 and 95 also commence on that date, and schedule 2 is commenced for the same limited purpose, allowing the rule‑set to be developed without delay.
A second tranche follows on 1 July 2026. Sections 5, 7(2), 38(6), 39 and 41 to 47 commence for limited purposes aligned to the rule‑making programme; section 48 commences for all remaining purposes; section 80 and Part 2 of schedule 1 commence for limited purposes. Section 38(6) is also commenced to introduce Part 2 of schedule 1.
Section 79 updates the governance of the Scottish Legal Complaints Commission by revising board membership requirements to provide greater flexibility during transition. This aligns with the wider implementation programme set out by the Commission. (scottishlegalcomplaints.org.uk)
Section 89 amends the Solicitors (Scotland) Act 1980 to enable third‑sector organisations to employ solicitors directly and deliver specified reserved legal services. The policy aim is to widen routes to advice and representation, particularly in areas of unmet demand. (scottishlegalcomplaints.org.uk)
Section 95 provides for rules to be made by the Lord President in connection with functions under Parts 1 and 2. Commencing Parts 1 and 2, together with schedule 2, for a limited purpose from March starts the technical work needed to define procedures, oversight and interactions between regulators before the wider regime is switched on.
Section 48, fully commenced on 1 July 2026, requires the Law Society of Scotland to create rules for the regulation of legal businesses within a period agreed with the Lord President, capped at three years. Related provisions in sections 5, 7(2), 39 and 41 to 47 and Part 2 of schedule 1 are brought into force to support that drafting. Legal practices should plan for an entity‑level regime and anticipate consequential updates to supervision, indemnity and complaints handling.
Section 80 expands the functions of the independent Consumer Panel established under the 2007 Act. The Panel will be able to make recommendations to the SLCC, legal services regulators and the Lord President, with stakeholder support for early commencement to align with the SLCC’s 2026 operating cycle. (scottishlegalcomplaints.org.uk)
In practical terms, March marks a preparatory phase focused on rule‑drafting and organisational set‑up rather than immediate re‑authorisation of providers. The July switch‑on begins the move to entity regulation and activates the timetable for the Law Society to finalise business‑level rules. Third‑sector bodies gain an earlier route to employ solicitors, subject to professional standards, while the SLCC adjusts governance and engages the Consumer Panel under an expanded remit.