1. Response
Background
Consumer Scotland is the statutory body for consumers in Scotland.[1] Established by the Consumer Scotland Act 2020 we are accountable to the Scottish Parliament.[2] The Act provides a definition of consumers which includes individual consumers and small businesses that purchase, use or receive products or services.
Our purpose is to improve outcomes for current and future consumers and our strategic objectives are:
- to enhance understanding and awareness of consumer issues by strengthening the evidence base
- to serve the needs and aspirations of current and future consumers by inspiring and influencing the public, private and third sectors
- to enable the active participation of consumers in a fairer economy by improving access to information and support.
Consumer Scotland uses data, research and analysis to inform our work on the key issues facing consumers in Scotland. In conjunction with that evidence base we seek a consumer perspective through the application of the consumer principles of access, choice, safety, information, fairness, representation, and redress. We welcome the opportunity to respond to this targeted consultation and have done so from this perspective.[3]
Consumer Scotland submitted evidence during the scrutiny of the Regulation of Legal Services Bill. We are a member of the SLCC’s independent advisory panel, set up to assist the Scottish Legal Complaints Commission in understanding and taking account of the interests of consumers of legal services and this also informs our response.
Consultation Responses
1. Do you support the proposed phased commencement of the Act as outlined in this consultation, including the limited commencement of the provisions outlined, to be followed by the commencement of the wider Act in further stages? Please explain your reasoning and any concerns.
Consumer Scotland welcomes the early commencement of these provisions, and agrees with the Scottish Government that commencing these provisions now will help to mitigate any delay that might otherwise be caused due to the forthcoming Scottish Parliament elections. We particularly welcome the commencement of those provisions relating to the Panel’s functions and remit.
We share the desire of the Scottish Legal Complaints Commission Consumer Panel to see swift commencement of the wider Act following the elections in May 2026. The passage of the Act has been long awaited and all stakeholders have been clear about the problems inherent in the current regulatory system. The new Act brings some important improvements for consumers and we wish to see those changes brought into practice as soon as reasonably possible. We look forward to working with the Scottish Government and others to support this.
2. Do you agree with the proposed commencement of section 48 (ALB rules)?
This section expands regulation beyond the regulated individual to cover an entire firm (an Authorised Legal Business). We support these changes, and their early commencement, which should make it easier for consumers to bring valid complaints against a firm, rather than against an individual employee or member. The Solicitors Regulation Authority for England and Wales already holds such powers and we believe they will improve consumer protection in the sector, providing equivalent provisions for consumers in Scotland.
3. Do you agree with the proposed commencement of changes to SLCC board membership (section 79)?
Consumer Scotland supports the early commencement of these provisions, which introduce changes to the length of term of board members of the Scottish Legal Complaints Commission. We consider that these changes would provide the Commission with more flexibility during the period of implementation of the new Act.
4. Do you support the commencement of the expansion of the Consumer Panel’s remit (Section 80)?
Consumer Scotland welcomes these new provisions and strongly supports their early commencement. During the passage of the Act we supported the revised remit set out for the Panel and the requirement for the SLCC to ensure that the Panel is adequately funded to carry out its functions. These changes allow the Panel to play an important role in providing oversight of consumer experiences in the sector and informing debate, as well as making recommendations for improvements.
The planned commencement allows the SLCC to align the Panel’s plans with its own budget and operating plan, which will be consulted on and then laid in parliament in early 2026, and to allow the Panel to take on its new role promptly. This early planning enables a clear understanding of the Panel’s role and plans amongst wider stakeholders as well as allowing the Panel to be in a position to inform the development of new policies and procedures by the SLCC, the regulators and the Lord President as they implement the Act’s provisions.
5. Do you agree with the proposed commencement of section 89 to enable third sector bodies to directly employ solicitors?
We welcome the early commencement of this section, intended to stimulate diversification in the legal services market and to improve access to justice for consumers. We note that this provision may link closely to any legal aid reforms which are intended to take place in the next legislative session. We consider that alongside commencement, it will be necessary for the Scottish Government, other funders and the third sector and advice bodies to work together to ensure that consumers can benefit from these reforms. We encourage the Scottish Government to actively facilitate these discussions.
6. Do you support the commencement of section 95 to allow the Lord President to make rules under the Act?
Consumer Scotland supports this proposal, as the early development of rules will allow consultation with key stakeholders and allow clarity around the role and expectations of the Lord President in the new landscape.
7. Are the proposed changes to the SSDT (schedule 3, paragraphs 34 & 35) appropriate for early commencement?
Consumer Scotland has no comment on this question.
8. Do you have any other comments or suggestions regarding the commencement and implementation of the Regulation of Legal Services (Scotland) Act 2025?
We encourage the Scottish Government to work with all stakeholders to ensure swift commencement and implementation of the Act’s provisions to ensure that consumers can take advantage of the improvements contained in the Act. We would support the earliest possible commencement of the regulatory objectives (which include reference to the consumer principles) to set a clear framework for the future development of the sector, along with provisions requiring regulators to publish information, along with the commencement of the SLCC’s oversight powers and the Lord President’s review powers. These sections have the potential to provide benefits to consumers and consumer bodies.
Finally, we note that the Law Society of Scotland has pushed back implementation of Alternative Business Structure (ABS) provisions in order to ensure their consistency with the provisions of the new Act. While we understand this reasoning, we encourage the Scottish Government to commence the relevant sections promptly to bring about long awaited progress, given that the original legislative frameworks for ABS have now been in existence for more than 15 years.