Our Rules consultation
Why are we consulting?
There is a statutory requirement for the SLCC to publish rules explaining how we will exercise our legal powers and carry out our duties.
Section 32(1) of the Legal Profession and Legal Aid (Scotland) Act 2007 (‘the 2007 Act’) says that the SLCC must make rules about its practice and procedure and must publish them and make them available to the public in an accessible form. Schedule 3 of the 2007 Act then sets out what we must include in our rules. Our current rules are published on our website.
The Regulation of Legal Services (Scotland) Act 2025 (‘the 2025 Act’) amends these requirements and sets other requirements for the SLCC. These updated rules respond to those changes and set out what the SLCC’s practices and procedure will be once the relevant provisions of that Act are commenced.
The changes delivered by the 2025 Act are not limited to the specific amendments to certain sections of the existing legislation. The 2025 Act also introduces new overarching regulatory objectives and sets out how they are to be applied. Those objectives have informed how we have set out these rules and the rules should be considered in the context of those objectives. Further details are available in our recently published Regulatory Statement, which outlines our understanding of the regulatory objectives and our thinking on how we will apply these to our work.
The rules have also been drafted to take account of the SLCC’s duties in regard to human rights and equality legislation, natural justice, and a focus on early resolution and an efficient and fair process.
These rules will come into effect and apply to our work, including to incoming complaints, from the date of commencement of the relevant sections of the 2025 Act. That date will be set by Scottish Government and approved by the Scottish Parliament. We will provide clear guidance to consumers and to the regulated sector on how and when these new rules apply.
We've set out more details about the structure, layout, style and language of the rules, and the changes from the current SLCC rules.
Who is the consultation for?
Our consultation is open to all and we welcome submissions from anyone with an interest in our work. However, we would particularly appreciate responses from:
- legal services providers and groups representing providers
- consumers and consumer groups
- the relevant professional organisations
- other regulatory authorities.
What happens next?
We will consider all submissions and a final statement will be agreed by our Board. We will publish our final statement on our website, along with the outcome of the consultation.
Policy considerations
There are various matters the SLCC takes into account when forming a decision – our consideration of these is set out below.
Policy/ impact considerations |
Preliminary conclusions |
|---|---|
Compatibility with Regulatory Objectives |
The rules are specifically drafted to be compatible with the legislative requirements of the Legal Profession and Legal Aid (Scotland) Act 2007, the Regulation of Legal Services (Scotland) Act 2025 and any other relevant legislation. The rules are also compatible with the regulatory objectives and specifically supports the objectives:
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Significant new implications for public and consumers (including vulnerable consumers and equality groups) and compliance with the Consumer Duty |
Yes. The rules apply to all the SLCC’s interactions with the public and consumers, and the way in which the SLCC exercises its regulatory functions in the public interest, and so have significant implications for all those who use the SLCC’s functions or are subject to them. The rules have been redrafted from scratch to create a clearer, more accessible and user-focused structure that mirrors the customer journey. This is intended to support effective engagement with the SLCC and reduce potential barriers faced by consumers, particularly those who may be experiencing vulnerability. The revised format is consistent with the principles of the Consumer Duty, helping to ensure that consumers can understand and navigate the complaints process more easily and receive fair outcomes. We will also continue to publish clear, accessible and targeted information on our website and social media channels, and to provide guidance, advice and support for people making a complaint.
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Significant new implications for regulated sector/ business |
Yes. The rules apply to all the SLCC’s interactions with the public and consumers, and the way in which the SLCC exercises its regulatory functions in the public interest, and so have significant implications for all those who use the SLCC’s functions or are subject to them. The rules may have significant implications for the regulated sector by improving the accessibility, clarity and transparency of the SLCC's complaints process. This should make it easier for practitioners to understand procedural requirements, navigate the rules and engage effectively with the SLCC. We will also continue to publish clear, accessible and targeted information on our website and social media channels, and to provide guidance, advice and support for practitioners dealing with complaints.
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Any other major policy considerations |
No other identified considerations. |
Cybersecurity, IT, data protection or information governance implications |
No specific implications identified. |
Significant finance or best value considerations |
The rules have been considered in light of the SLCC’s statement on best value and address the regulatory principle of proportionality, that is, taking appropriate action as required. |
How to respond to this consultation
The consultation will run for 15 weeks, closing at 5pm on 20 January 2027.
You do not have to answer all the questions, only those where you have specific comments to make.
You can respond via email at: consult@scottishlegalcomplaints.org.uk or by sending a letter to:
Scottish Legal Complaints Commission
12-13 St Andrew Square
Edinburgh, EH2 2AF
You can response via Microsoft Forms:
Publishing responses
We will publish responses in full, alongside an analysis of the key issues raised in the consultation and any changes we have made as a result of the consultation. If you wish your response to remain anonymous, please check the appropriate box on the response form or state this clearly in your email or letter. If you ask for your response not to be published, we will still take account of your views in our analysis and we may identify you as part of a specific stakeholder group (e.g. consumer organisation or legal services provider), but we will not publish your response or list your name.
We aim to publish responses by Monday 15 February.
