The Law Society of Scotland (LSS) is to retain both its trade union and regulatory roles following a members' vote, in the latest stage of the heated debate regarding legal services reform north of the border.

Seventy-three percent of members voted in favour of the LSS maintaining its dual role when asked a single question: 'Should the Law Society of Scotland as statutory regulator continue to be responsible for promotion of the interests of, and the representation of, solicitors in Scotland?'

The referendum, which was called by members opposed to the LSS retaining both briefs, saw 3,037 members vote in favour of maintaining the status quo while 1,101 voted against. The overall turnout of 4,138 represented almost 40% of LSS members.

LSS president Ian Smart (pictured) said: "The resounding result is a mandate for the society to continue to represent, regulate and support its members. It gives the society a green light to continue its programme of change including reform of its governance structure and member services."

The result of the vote is in contrast to the stance of the Law Society of England and Wales, which put its regulatory function outside its operational control three years ago with the creation of the Solicitors Regulation Authority (SRA).

The decision to create the SRA was a key recommendation of the Clementi report, which recommended that professional legal bodies holding both regulatory and representative responsibilities should separate those functions.

The LSS vote is the latest stage of an increasingly fractious debate in Scotland regarding the path of market liberalisation in the wake of the Legal Services Act, which will allow alternative business structures (ABS) to provide legal services.

Scottish lawyers voted marginally in favour of the introduction of ABS in Scotland in April, but the issue has split the local profession with larger national law firms supporting liberalisation while many smaller practices support the status quo. Despite attempts to broker a compromise where ABS would be allowed provided lawyers remain in control of the business, the issue remains contentious.

Earlier this year the Legal Services Board confirmed that applications to set up an ABS will be accepted from next summer, with successful applicants due to be up and running from 6 October 2011.