Meeting of the Parliament 20 May 2025
I thank the minister for her constructive engagement on section 65, following stage 2 consideration of the bill. Amendments 130 to 134 and 142, in my name, allow the Scottish Government to lay regulations that would give specific organisations the mechanism to request that an unregulated provider of legal services is formally registered.
At stage 2, I lodged amendments from the Law Society that sought to change the voluntary register for unregulated providers of legal services in section 65 to make the register mandatory. The Law Society’s position was that a voluntary register that requires payment of levies and fees and that subjects a service provider to a statutory complaint scheme is
“unlikely to attract a meaningful uptake”,
and I agree.
The Equalities, Human Rights and Civil Justice Committee’s stage 1 report called on the Scottish Government to strengthen the provision and consider “creating a mandatory register”. Stakeholders such as the Competition and Markets Authority have made similar calls. However, the Scottish Legal Complaints Commission raised concerns about how the amendments at stage 2 would work in practice.
My view remains that it is in the public interest to have a mandatory scheme. Consumers currently have no recourse that would enable them to raise complaints about an unregulated provider.
I am pleased to have worked with the Scottish Government at stage 3 to find a way to strengthen section 65 that satisfies stakeholders. The Law Society states in its stage 3 briefing that my amendments
“significantly toughen up the provisions in the Bill”
and lay the foundations to begin to address the issues in the unregulated sector. The SLCC states that the amendments take
“a proportionate and risk-based approach”.
I am grateful to the Law Society and the SLCC for their expertise and insights during this process, which has led to a positive outcome for consumers. I urge colleagues to support these changes.
I move amendment 130.