Legal Profession and Legal Aid (Scotland) Act 2007

[^key-1df844607ba04c937def1f4413e28e41]: Sch. 1 para. 2(7) repealed (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 79(2)(d), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-e16667e754936dfad520f1f6071f9bcb]: Sch. 1 para. 2(9) repealed (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 79(2)(d), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-d908c08202ee0ad63f9393e96dbe4e6e]: Words in sch. 1 para. 2(8) inserted (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 79(2)(e), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-5a8992e42d5f3916e4264258d97cbab2]: Sch. 1 para. 3(5) repealed (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 79(3)(b), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

[^key-5c28650331311fed0b68f7200a6ed50f]: Words in sch. 1 para. 3(1) substituted (5.3.2026) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), ss. 79(3)(a), 103(3); S.S.I. 2026/96, reg. 2(1)(2), sch. 1

The Scottish Legal Complaints Commission

Restriction upon disclosure of information: relevant professional organisations

Unsatisfactory professional conduct: conveyancing or executry practitioners

Review of and appeal against decisions on remitted conduct complaints: cases other than unsatisfactory professional conduct

Part 2A — Special provision for licensed providers

57A

• (1) Parts 1 and 2 apply in relation to complaints made about licensed legal services providers as they apply in relation to complaints made about practitioners.

• (2) Subsection (1) is subject to—

• (a) subsections (3) and (4), and

• (b) such further modification to the operation of Parts 1 and 2 as the Scottish Ministers may by regulations make for the purposes of—

• (i) subsection (1),

• (ii) section 57B(4) and (5).

• (3) In relation to a services complaint about a licensed provider, its approved regulator is to be regarded as the relevant professional organisation.

• (4) A conduct complaint may not be made about a licensed provider, but—

• (a) such a complaint may be made about a practitioner within such a provider,

• (b) the provisions relating to such a complaint remain (subject to such modification as to those provisions as is made under subsection (2)(b)) applicable for the purposes of section 57B(4) and (5).

• (5) Where an approved regulator receives (from a person other than the Commission) a complaint about the conduct of, or any services provided by, a practitioner within one of its licensed providers, the approved regulator must without delay send to the Commission the complaint and any material that accompanies it.

57B

• (1) There is an additional type of complaint which applies only in relation to licensed providers (a “regulatory complaint”).

• (2) A regulatory complaint is where any person suggests that a licensed provider is failing (or has failed) to—

• (a) have regard to the regulatory objectives,

• (b) adhere to the professional principles,

• (c) comply with—

• (i) its approved regulator's regulatory scheme,

• (ii) the terms and conditions of its licence.

• (3) In relation to a regulatory complaint about a licensed provider, its approved regulator is to be regarded as the relevant professional organisation.

• (4) The procedure in respect of a regulatory complaint is (by virtue of section 57A(4)(b)) the same as it would be for a conduct complaint about a licensed provider, subject to such modification as to that procedure as is made under section 57A(2)(b).

• (5) The Commission and the approved regulator have (by virtue of section 57A(4)(b)) the same functions in relation to a regulatory complaint as they would have in relation to a conduct complaint about a licensed provider, subject to such modification as to those functions as is made under section 57A(2)(b).

57C

• (1) A licensed provider must pay to the Commission—

• (a) the annual general levy, and

• (b) the complaints levy (if arising),

in accordance with Part 1 (and in addition to any levy payable under that Part by a solicitor or other person within the licensed provider).

• (2) Section 29 applies for the purposes of subsection (1) as it applies for the purposes of sections 27(1) and 28(1).

• (3) For the application of sections 27(1), 28(1) and 29 by virtue of subsections (1) and (2)—

• (a) an approved regulator is to be regarded as a relevant professional organisation whose members are its licensed providers,

• (b) a licensed provider is to be regarded—

• (i) in connection with the annual general levy, as an individual person falling within the relevant category,

• (ii) in connection with the complaints levy, as an individual practitioner of the relevant type.

• (4) But the amount of the annual general levy for a licensed provider may be—

• (a) different from the amount to be paid by individuals,

• (b) of different amounts (including nil) in different circumstances.

• (5) The Commission—

• (a) must (so far as practicable) provide advice to any person who requests it as respects the process of making a regulatory complaint to the Commission,

• (b) may issue guidance under section 40 to approved regulators and licensed providers as respects how licensed providers are to deal with regulatory complaints.

57D

• (1) An approved regulator must—

• (a) secure the collection by it, from its licensed providers, of the annual general levy due by them, and

• (b) pay to the Commission a sum representing the total amount which falls to be collected by it under paragraph (a) in respect of each financial year.

• (2) Subsection (3) of section 27 applies in relation to any sum due under subsection (1)(b) (including interest) as it applies in relation to any sum due under subsection (2)(b) of section 27.

• (3) Subsection (4) of section 27 applies in relation to any sum due under section 57C(1)(a) (including interest) as it applies in relation to any sum due under subsection (1) of section 27.

• (4) Subsection (3) of section 28 applies in relation to any sum due under section 57C(1)(b) (including interest) as it applies in relation to any sum due under subsection (1) of section 28.

• (5) For the application of sections 27(3) and (4) and 28(3) by virtue of subsections (2) to (4)—

• (a) the approved regulator is to be regarded as the relevant professional organisation,

• (b) each of its licensed providers is to be regarded—

• (i) in relation to section 27(4), as an individual person falling within the relevant category,

• (ii) in relation to section 28(3), as an individual practitioner of the relevant type.

• (6) Section 57C(1) is subject to subsection (1).

57E

• (1) Parts 1 and 2 apply in relation to any complaint made about how an approved regulator has dealt with a regulatory complaint as they apply in relation to a handling complaint (relating to a conduct complaint) made about a relevant professional organisation.

• (2) Subsection (1) is subject to such modification to the operation of those Parts as the Scottish Ministers may by regulations make for the purposes of that subsection.

57F

• (1) Section 39 also applies in relation to a compensation fund of its own that is maintained by an approved regulator in furtherance of section 24(2) of the Legal Services (Scotland) Act 2010.

• (2) For the application of section 39 by virtue of subsection (1)—

• (a) any such compensation fund is to be regarded as falling within subsection (1)(c) of that section,

• (b) the approved regulator is to be regarded as the relevant professional organisation.

57G

For the purposes of this Part—

• “approved regulator”

• “licensed legal services provider” (or “licensed provider”),

• “professional principles”,

• “regulatory objectives”

• “regulatory scheme”

are to be construed in accordance with Part 2 of the Legal Services (Scotland) Act 2010.

Part 2B — Special provision for confirmation agents and will writers

57H

• (1) Parts 1 and 2 apply in relation to complaints made about confirmation agents and will writers as they apply in relation to complaints made about practitioners.

• (2) Subsection (1) is subject to—

• (a) subsection (3), and

• (b) such further modification to the operation of Parts 1 and 2 as the Scottish Ministers may by regulations make for the purposes of subsection (1).

• (3) In relation to a services or conduct complaint about a confirmation agent or will writer, the relevant approving body is to be regarded as the relevant professional organisation.

57I

• (1) Parts 1 and 2 apply in relation to any complaint made about how an approving body has dealt with a conduct complaint as they apply in relation to a handling complaint (relating to a conduct complaint) made about a relevant professional organisation.

• (2) Subsection (1) is subject to such modification to the operation of those Parts as the Scottish Ministers may by regulations make for the purposes of that subsection.

57J

• (1) A confirmation agent must pay to the Commission—

• (a) the annual general levy, and

• (b) the complaints levy (if arising),

in accordance with Part 1.

• (2) A will writer must pay to the Commission—

• (a) the annual general levy, and

• (b) the complaints levy (if arising),

in accordance with Part 1.

• (3) Section 29 applies for the purposes of subsections (1) and (2) as it applies for the purposes of sections 27(1) and 28(1).

• (4) For the application of sections 27(1), 28(1) and 29 by virtue of subsections (1) to (3)—

• (a) an approving body is to be regarded as a relevant professional organisation whose members are its confirmation agents or (as the case may be) will writers,

• (b) a confirmation agent or (as the case may be) will writer is to be regarded—

• (i) in connection with the annual general levy, as an individual person falling within the relevant category,

• (ii) in connection with the complaints levy, as an individual practitioner of the relevant type.

57K

• (1) An approving body must—

• (a) secure the collection by it, from its confirmation agents or (as the case may be) will writers, of the annual general levy due by them, and

• (b) pay to the Commission a sum representing the total amount which falls to be collected by it under paragraph (a) in respect of each financial year.

• (2) Subsection (3) of section 27 applies in relation to any sum due under subsection (1)(b) (including interest) as its applies in relation to any sum due under subsection (2)(b) of section 27.

• (3) Subsection (4) of section 27 applies in relation to any sum due under section 57J(1)(a) and (2)(a) (including interest) as its applies in relation to any sum due under subsection (1) of section 27.

• (4) Subsection (3) of section 28 applies in relation to any sum due under section 57J(1)(b) and (2)(b) (including interest) as its applies in relation to any sum due under subsection (1) of section 28.

• (5) For the application of sections 27(3) and (4) and 28(3) by virtue of subsections (2) to (4)—

• (a) the approving body is to be regarded as the relevant professional organisation,

• (b) each of its confirmation agents or (as the case may be) will writers is to be regarded—

• (i) in relation to section 27(4), as an individual person falling within the relevant category,

• (ii) in relation to section 28(3), as an individual practitioner of the relevant type.

• (6) Section 57J(1) and (2) is subject to subsection (1).

57L

For the purposes of this Part—

• “approving body”,

• “confirmation agent”,

• “will writer”,

are to be construed in accordance with Part 3 of the Legal Services (Scotland) Act 2010.

Criminal legal aid: conditions and reviews

Criminal Legal Assistance Register: removal of name following failure to comply with code

Register of advice organisations: advice and assistance

Scottish Legal Aid Board: grants for certain purposes

Further provision in relation to the Fund: advice and assistance

Availability of legal aid: Judicial Committee of the Privy Council

Solicitors employed by the Scottish Legal Aid Board

Contributions, and payments out of property recovered

Minor and consequential modifications

Complaint determined to be conduct complaint

9A

• (1) This section applies where the Commission is investigating a services complaint under section 9(1) and becomes aware of new information from which it determines that the complaint—

• (a) was made prematurely,

• (b) was not made timeously, or

• (c) is frivolous, vexatious or totally without merit.

• (2) If the complaint was made prematurely, the Commission need not take any further action in relation to it.

• (3) If the complaint was not made timeously, the Commission is not to take any further action in relation to it.

• (4) If the complaint is frivolous, vexatious or totally without merit, the Commission must reject it.

• (5) Where the Commission—

• (a) does not take any further action in relation to, or

• (b) rejects,

a complaint under this section it must give notice in writing to the complainer and the practitioner and specify the reasons for the decision.

Failure to comply with recommendation

Conduct complaints and reviews: power of relevant professional organisations to examine documents and demand explanations

Unsatisfactory professional conduct: solicitors

Report by Commission to Council under section 10(2)(e)

Regulatory complaints

Scottish Solicitors Guarantee Fund: borrowing limit

Offence for unqualified persons to prepare certain documents

Notaries public to be practising solicitors

Criminal legal aid in solemn proceedings

Criminal Legal Assistance Register: removal of name following failure to comply with code

Scottish Legal Aid Board: grants for certain purposes

Financial limit: advice and assistance

Availability of civil legal aid for defamation or verbal injury

Availability of legal aid: Judicial Committee of the Privy Council

Solicitors employed by the Scottish Legal Aid Board

Regulations under section 36 of the 1986 Act

Short title and commencement

11A

• (1) The Commission must establish an independent advisory panel.

• (2) The functions of the panel are—

• (a) to make recommendations to the Commission for improvements to the Commission’s practice and procedures;

• (b) to make suggestions to the Commission of topics for research connected to consumers;

• (c) to express views on such matters relevant to the Commission’s functions as the Commission directs.

• (3) The panel must consist of—

• (a) at least two members who represent an organisation which appears to the Commission to promote the interests of consumers;

• (b) at least one member who represents an organisation which appears to the Commission to promote equality;

• (c) such other members as the Commission considers appropriate.