LegalizeReform history
Legal Profession and Legal Aid (Scotland) Act 2007
14 versions
· 2007-01-19
2026-03-05
Legal Profession and Legal Aid (Scotland) Act 2007
2015-01-01
Legal Profession and Legal Aid (Scotland) Act 2007
Changes on 2015-01-01
@@ -18,7 +18,7 @@
##### 2
- (1) Where the Commission receives a complaint by or on behalf of any of the persons mentioned in subsection (2)—
- (1) This section applies where the Commission receives a complaint by or on behalf of any of the persons mentioned in subsection (2)—
- (a) suggesting—
@@ -30,7 +30,17 @@
- (b) suggesting that professional services provided by a practitioner in connection with any matter in which the practitioner has been instructed by a client were inadequate (referred to in this Part as a “*services complaint*”),
it must, subject to subsection (3) and sections 3 and 4 and any provision in rules made under section 32(1) as to eligibility for making complaints, take the preliminary steps mentioned in subsection (4).
...
- (1A) The Commission must, subject to subsection (3) and sections 3 and 4 and any provision in rules made under section 32(1) as to eligibility for making complaints—
- (a) determine whether the complaint constitutes—
- (i) a conduct complaint,
- (ii) a services complaint, and then
- (b) take the preliminary steps mentioned in subsection (4).
- (2) The persons are—
@@ -54,6 +64,18 @@
- (viii) any relevant professional organisation.
- (2A) A determination by the Commission under subsection (1A)(a) must include a determination of whether (and if so to what extent) the complaint constitutes separate complaints falling within more than one of the categories and if so which of the categories.
- (2B) Where, for the purposes of subsection (1A)(a), it appears to the Commission that the complaint may constitute both—
- (a) a conduct complaint, and
- (b) a separate services complaint,
it must consult, co-operate and liaise with the relevant professional organisation and have regard to any views expressed by the organisation on the matter before making a determination under subsection (1A)(a) as respects the complaint.
- (2C) A relevant professional organisation must co-operate and liaise with the Commission in relation to subsection (2B).
- (3) The Commission is not to take the preliminary steps mentioned in subsection (4), and is not to take any further action under any other provision of this Part, in relation to any element of a conduct complaint which is about a practitioner acting in a judicial capacity in a court or tribunal specified by order by the Scottish Ministers.
- (4) The preliminary steps are—
@@ -90,9 +112,17 @@
- (1) Where a complaint referred to in section 2(1) is not made timeously, the Commission is not to take the preliminary steps referred to in section 2(4) in relation to it, and is not to take any further action under any other provision of this Part (except this section), in relation to it.
- (2) Where a complaint referred to in section 2(1) is made prematurely, the Commission need not take the preliminary steps referred to in section 2(4) in relation to it, and need not take any further action under any other provision of this Part (except this section), in relation to it.
- (3) For the purposes of subsection (1), a complaint is not made timeously where—
- (2) Where a complaint referred to in section 2(1) is made prematurely, the Commission need not
- (a) make the determination referred to in section 2(1A)(a) in relation to it;
- (b) take the preliminary steps referred to in section 2(4) in relation to it, and
...
- (c) take any further action under any other provision of this Part (except this section), in relation to it.
- (3) For the purposes of subsection (1) or section 9A(3), a complaint is not made timeously where—
- (a) rules made under section 32(1) fix time limits for the making of complaints;
@@ -100,7 +130,7 @@
- (c) the Commission does not extend the time limit in accordance with the rules.
- (4) For the purposes of subsection (2), a complaint is made prematurely where—
- (4) For the purposes of subsection (2) or section 9A(2), a complaint is made prematurely where—
- (a) the complainer has not previously communicated the substance of it to the practitioner, the practitioner's firm or, as the case may be, where the practitioner is an employee of another practitioner that other practitioner (referred to in this Part as the “*employing practitioner*”) and given the practitioner, the firm or the employing practitioner what the Commission considers is a reasonable opportunity to deal with it;
@@ -118,33 +148,23 @@
##### 5
- (1) Where the Commission proceeds to determine under section 2(4) whether a complaint is frivolous, vexatious or totally without merit and determines that it is none of these things, it must determine whether the complaint constitutes—
- (a) a conduct complaint;
- (b) a services complaint,
including whether (and if so to what extent) the complaint constitutes separate complaints falling within more than one of these categories and if so which of the categories.
- (2) Where it appears to the Commission that the complaint may constitute both—
- (a) a conduct complaint; and
- (b) a separate services complaint,
it must consult, co-operate and liaise with the relevant professional organisation and have regard to any views expressed by the organisation on the matter before making a determination under subsection (1) as respects the complaint.
- (3) A relevant professional organisation must co-operate and liaise with the Commission in relation to subsection (2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Complaint determined to be conduct complaint
##### 6
Where, or to the extent that, the Commission determines under section 5(1) that a complaint is a conduct complaint, it must—
- (1) This section applies where, or to the extent that, the Commission—
- (a) determines under section 2(1A)(a) that a complaint is a conduct complaint, and
- (b) proceeds to determine under section 2(4) whether the complaint is frivolous, vexatious or totally without merit and determines that it is none of these things.
- (2) The Commission must—
- (a) remit the complaint to the relevant professional organisation to deal with (and give to the organisation any material which accompanies the conduct complaint);
- (b) give notice in writing to the complainer and the practitioner by sending to each of them a copy of the determination and specifying—
- (b) give notice in writing to the complainer and the practitioner by sending to each of them a copy of the determination under section 2(1A)(a) and specifying—
- (i) the reasons for the determination;
@@ -158,13 +178,23 @@
##### 7
Where, or to the extent that, the Commission determines under section 5(1) that a complaint is a services complaint, it must give notice in writing to the complainer and the practitioner by sending to each of them a copy of the determination and specifying the reasons for the determination.
- (1) This section applies where, or to the extent that, the Commission—
- (a) determines under section 2(1A)(a) that a complaint is a services complaint, and
- (b) proceeds to determine under section 2(4) whether the complaint is frivolous, vexatious or totally without merit and determines that it is none of these things.
- (2) The Commission must give notice in writing to the complainer and the practitioner by sending to each of them a copy of the determination under section 2(1A)(a) and specifying the reasons for the determination.
#### Services complaint: local resolution or mediation
##### 8
- (1) This section applies where the Commission determines under section 5(1) that a complaint by or on behalf of a person referred to in section 2(2)(b)(i) is a services complaint.
- (1) This section applies where the Commission—
- (a) determines under section 2(1A)(a) that a complaint by or on behalf of a person referred to in section 2(2)(b)(i) is a services complaint, and
- (b) proceeds to determine under section 2(4) whether the complaint is frivolous, vexatious or totally without merit and determines that it is none of these things.
- (2) Where the Commission considers that either—
@@ -202,9 +232,17 @@
- (ii) takes place but is discontinued or the outcome of the mediation is not accepted by both the complainer and the practitioner;
- (d) the Commission determines under section 5(1) that a complaint by or on behalf of any person referred to in sub-paragraphs (ii) to (viii) of section 2(2)(b) is a services complaint,
the Commission must, subject to section 15(2) and (5), investigate the complaint and after giving the complainer and the practitioner an opportunity to make representations, subject to subsections (2) to (4), determine it by reference to what the Commission considers is fair and reasonable in the circumstances.
- (d) the Commission determines under section 2(1A)(a) that a complaint by or on behalf of any person referred to in sub-paragraphs (ii) to (viii) of section 2(2)(b) is a services complaint,
the Commission must, subject to this section and section 15(2) and (5), investigate the complaint and after giving the complainer and the practitioner an opportunity to make representations, subject to subsections (2) to (4), determine it by reference to what the Commission considers is fair and reasonable in the circumstances.
- (1A) The Commission may decide—
- (a) to discontinue the investigation of a services complaint;
- (b) to reinstate the investigation of a discontinued services complaint.
- (1B) Where the Commission discontinues or reinstates the investigation of a services complaint it must give notice in writing to the complainer and the practitioner and specify the reasons for the decision.
- (2) Where the complainer is a person referred to in section 2(2)(b)(i) the Commission must, subject to subsection (3), propose to the practitioner and the complainer a settlement as respects the complaint which it considers is fair and reasonable in the circumstances.
@@ -346,7 +384,7 @@
##### 15
- (1) Where a relevant professional organisation at any time during any mediation by it, or its investigation, of a conduct complaint remitted to it under section 6(a) considers that it is reasonably likely that the complaint (or any element of it) may instead constitute a services complaint, it must—
- (1) Where a relevant professional organisation at any time during any mediation by it, or its investigation, of a conduct complaint remitted to it under section 6(2)(a) considers that it is reasonably likely that the complaint (or any element of it) may instead constitute a services complaint, it must—
- (a) suspend the mediation or, as the case may be, the investigation;
@@ -368,9 +406,9 @@
- (3) Where, in the circumstances referred to in subsection (1) or (2) the Commission, having regard to the views expressed by the relevant professional organisation as respects the matter, considers that—
- (a) its determination under section 5(1) as respects the complaint should be confirmed (to any extent), it must so determine; and the determination under this paragraph must specify the extent to which the determination under that section is confirmed;
- (b) a complaint (or any element of a complaint) which was determined by it under section 5(1) to constitute—
- (a) its determination under section 2(1A)(a) as respects the complaint should be confirmed (to any extent), it must so determine; and the determination under this paragraph must specify the extent to which the determination under that section is confirmed;
- (b) a complaint (or any element of a complaint) which was determined by it under section 2(1A)(a) to constitute—
- (i) a conduct complaint constitutes instead a services complaint;
@@ -378,15 +416,15 @@
it must determine accordingly.
- (4) Where, or to the extent that, the Commission determines under subsection (3)(a) to confirm to any extent its determination under section 5(1)—
- (4) Where, or to the extent that, the Commission determines under subsection (3)(a) to confirm to any extent its determination under section 2(1A)(a)—
- (a) it must give notice in writing to the complainer, the practitioner and the relevant professional organisation by sending to each of them a copy of the determination and specifying the reasons for the determination;
- (b) any suspension under subsection (1)(a) or (2)(a) ceases.
- (5) Where the Commission determines under subsection (3)(b) that a complaint (or any element of a complaint) which was determined by it under section 5(1) to constitute a services complaint constitutes instead a conduct complaint, it must—
- (a) remit the conduct complaint to the relevant professional organisation to deal with (and give to the organisation any material referred to in section 6(a));
- (5) Where the Commission determines under subsection (3)(b) that a complaint (or any element of a complaint) which was determined by it under section 2(1A)(a) to constitute a services complaint constitutes instead a conduct complaint, it must—
- (a) remit the conduct complaint to the relevant professional organisation to deal with (and give to the organisation any material referred to in section 6(2)(a));
- (b) give notice in writing to the complainer, the practitioner and the relevant professional organisation by sending to each of them a copy of the determination and specifying—
@@ -398,11 +436,11 @@
- (iv) that the relevant professional organisation is under a duty under this Act to deal with the conduct complaint.
- (6) Where the Commission determines under subsection (3)(b) that a complaint (or any element of a complaint) which was determined by it under section 5(1) to constitute a conduct complaint constitutes instead a services complaint—
- (6) Where the Commission determines under subsection (3)(b) that a complaint (or any element of a complaint) which was determined by it under section 2(1A)(a) to constitute a conduct complaint constitutes instead a services complaint—
- (a) it must give notice in writing to the complainer, the practitioner and the relevant professional organisation by sending to each of them a copy of the determination and specifying the reasons for the determination;
- (b) sections 8 to 12 apply to the services complaint as they apply where a determination is made under section 5(1) that a complaint constitutes a services complaint.
- (b) sections 8 to 12 apply to the services complaint as they apply where a determination is made under section 2(1A)(a) that a complaint constitutes a services complaint.
#### Power to monitor compliance with directions under section 10(2)
@@ -416,7 +454,7 @@
##### 17
- (1) Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, 5, 8, 9, 10, 15 or 16, it may give notice in writing in accordance with subsection (2) to the practitioner, the practitioner's firm or, as the case may be, the employing practitioner.
- (1) Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, ... 8, 9, 10, 15 or 16, it may give notice in writing in accordance with subsection (2) to the practitioner, the practitioner's firm or, as the case may be, the employing practitioner.
- (2) Notice under subsection (1) may require—
@@ -430,7 +468,7 @@
- (b) all books, accounts, deeds, securities, papers and other documents relating to any trust of which the practitioner is the sole trustee or a co-trustee only with one or more of the practitioner's partners or employees or, as the case may be, where the practitioner is an incorporated practice of which the practice or one of its employees is a sole trustee or it is a co-trustee only with one or more of its employees.
- (4) Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, 5, 8, 9, 10 or 15, it may give notice in writing in accordance with subsection (5) to the complainer.
- (4) Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, ... 8, 9, 10 or 15, it may give notice in writing in accordance with subsection (5) to the complainer.
- (5) Notice under subsection (4) may require—
@@ -548,7 +586,17 @@
##### 23
- (1) The Commission may, subject to subsection (4), carry out such investigation as appears to it to be appropriate of any complaint made to it by or on behalf of any person which relates to the manner in which a conduct complaint made by or on behalf of that person and remitted to a relevant professional organisation under section 6(a) or 15(5)(a) has been dealt with by the organisation (such a complaint being referred to in this Act as a “handling complaint”).
- (1) The Commission may, subject to subsection (4), carry out such investigation as appears to it to be appropriate of a handling complaint.
- (1A) In this Act, a “handling complaint” means a complaint which—
- (a) relates to the manner in which a conduct complaint has been dealt with by a relevant professional organisation to which it has been remitted under section 6(2)(a) or 15(5)(a), and—
- (b) is made—
- (i) by or on behalf of the person by whom or on whose behalf the conduct complaint was made,
- (ii) by the practitioner concerned in the conduct complaint.
- (2) The Commission may decide—
@@ -556,13 +604,17 @@
- (b) to discontinue the investigation of a handling complaint.
- (3) If the Commission decides not to investigate, or to discontinue the investigation of, a handling complaint it must give notice in writing to—
- (a) the person who made the handling complaint;
- (c) to reinstate the investigation of a discontinued handling complaint.
- (3) If the Commission decides not to investigate, or to discontinue or reinstate the investigation of, a handling complaint it must give notice in writing to—
- (a) the person who made the handling complaint (and, if made on behalf of another person, that other person);
- (aa) the other party to the conduct complaint to which the handling complaint relates;
- (b) the relevant professional organisation;
- (c) the practitioner concerned in the conduct complaint to which the handling complaint relates,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by sending to each of them a copy of the decision and specifying the reasons for the decision.
@@ -586,11 +638,13 @@
- (6) Where the Commission decides that subsection (4)(a) does not prevent it investigating a handling complaint because any of the circumstances referred to in subsection (5) apply, it must give notice in writing to—
- (a) the person who made the handling complaint;
- (a) the person who made the handling complaint (and, if made on behalf of another person, that other person);
- (aa) the other party to the conduct complaint to which the handling complaint relates;
- (b) the relevant professional organisation;
- (c) the practitioner concerned in the conduct complaint to which the handling complaint relates,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by sending to each of them a copy of the decision and specifying the reasons for the decision.
@@ -598,14 +652,22 @@
- (8) Where the Commission is conducting an investigation under this section, it may at any time make a written interim report in relation to the investigation and must send a copy of any such report to—
- (a) the person who made the handling complaint;
- (a) the person who made the handling complaint (and, if made on behalf of another person, that other person);
- (aa) the other party to the conduct complaint to which the handling complaint relates;
- (b) the relevant professional organisation;
- (c) the practitioner concerned in the conduct complaint to which the handling complaint relates.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) The Scottish Ministers may by order amend the period of time referred to in subsection (4)(b).
- (10) In this section and section 24, “the other party to the conduct complaint to which the handling complaint relates” is—
- (a) in the case of a handling complaint made in accordance with subsection (1A)(b)(i), the practitioner concerned in the conduct complaint to which the handling complaint relates,
- (b) in the case of a handling complaint made in accordance with subsection (1A)(b)(ii), the complainer in the conduct complaint to which the handling complaint relates.
#### Investigation under section 23: final report and recommendations
##### 24
@@ -616,15 +678,17 @@
- (b) send a copy of the report to—
- (i) the person who made the handling complaint;
- (i) the person who made the handling complaint (and, if made on behalf of another person, that other person);
- (ia) the other party to the conduct complaint to which the handling complaint relates;
- (ii) the relevant professional organisation;
- (iii) the practitioner concerned in the conduct complaint to which the handling complaint relates.
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) A report under this section may include one or more of the following recommendations—
- (a) that the relevant professional organisation provide to the person making the handling complaint such information about the conduct complaint to which the handling complaint relates, and how it was dealt with, as the Commission considers appropriate;
- (a) that the relevant professional organisation provide to the person making the handling complaint (and, if made on behalf of another person, that other person) such information about the conduct complaint to which the handling complaint relates, and how it was dealt with, as the Commission considers appropriate;
- (b) that the conduct complaint be investigated further by the relevant professional organisation;
@@ -632,28 +696,36 @@
- (d) that the relevant professional organisation consider exercising its powers in relation to the practitioner concerned;
- (e) that the relevant professional organisation pay compensation of such amount, not exceeding £5000, as the Commission may specify to the person making the handling complaint for loss, inconvenience or distress resulting from the way in which the conduct complaint was handled by the organisation;
- (f) that the relevant professional organisation pay to the person making the handling complaint an amount specified by the Commission by way of reimbursement of the cost, or part of the cost, of making the handling complaint.
- (e) that the relevant professional organisation pay compensation of such amount, not exceeding £5000, as the Commission may specify to the person making the handling complaint (or the person on whose behalf it was made) for loss, inconvenience or distress resulting from the way in which the conduct complaint was handled by the organisation;
- (f) that the relevant professional organisation pay to the person making the handling complaint (or the person on whose behalf it was made) an amount specified by the Commission by way of reimbursement of the cost, or part of the cost, of making the handling complaint.
- (3) Where a report under this section includes any recommendation, the report must state the reasons for making the recommendation.
- (4) A relevant professional organisation to whom a report is sent by the Commission under this section must have regard to the conclusions and recommendations set out in the report so far as relating to the organisation.
- (5) Where a report sent to a relevant professional organisation under this section includes a recommendation relating to it, the organisation must, before the end of the period of 3 months beginning with the date on which the report was sent, notify the Commission, the person who made the handling complaint and the practitioner concerned, in writing, of—
- (a) the action which it has taken to comply with the recommendations or in consequence of further consideration of the matter by it;
- (5) Where a report sent to a relevant professional organisation under this section includes a recommendation relating to it, the organisation must, before the end of the period of 14 days beginning with the date on which the report was sent, notify the Commission, the person who made the handling complaint (and, if made on behalf of another person, that other person) and the other party to the conduct complaint to which the handling complaint relates, in writing, of—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) its decision not to comply wholly with a recommendation and any reason for that decision.
- (6) Where the Commission is either—
- (a) notified under subsection (5)(b) that the relevant professional organisation has decided not to comply wholly with a recommendation; or
- (b) of the opinion that the relevant professional organisation has not complied wholly with a recommendation before the end of the period of 3 months beginning with the date on which the report was sent to the organisation under this section,
- (a) notified under subsection (5)... that the relevant professional organisation has decided not to comply wholly with a recommendation; or
- (b) of the opinion that the relevant professional organisation has not complied wholly with a recommendation before the end of the period of 3 months (or such longer period as the Commission may determine under subsection (6A)) beginning with the date on which the report was sent to the organisation under this section,
the Commission may direct the professional organisation to comply with that recommendation if the Commission thinks fit; and the organisation must comply with the direction.
- (6A) If the relevant professional organisation considers that it is not practicable to comply wholly with a recommendation within 3 months, the Commission may determine a longer period within which the relevant professional organisation must so comply.
- (6B) If the Commission determines a longer period under subsection (6A), the relevant professional organisation must notify—
- (a) the person who made the handling complaint (and, if made on behalf of another person, that other person),
- (b) the other party to the conduct complaint to which the handling complaint relates.
- (7) For the purposes of subsection (6), a “*recommendation*” means any recommendation referred to in paragraphs (a) to (c), (e) or (f) of subsection (2).
- (8) The Scottish Ministers may by order, after consulting—
@@ -874,7 +946,7 @@
- (a) the conduct of, or any services provided by, a practitioner;
- (b) its handling of a conduct complaint remitted to it under section 6(a) or 15(5)(a),
- (b) its handling of a conduct complaint remitted to it under section 6(2)(a) or 15(5)(a),
it must without delay send the complaint and any material which accompanies it to the Commission.
@@ -926,7 +998,7 @@
- (1) The Commission must monitor practice and identify any trends in practice as respects the way in which—
- (a) practitioners have dealt with matters that result in conduct complaints being remitted to the relevant professional organisations under section 6(a) or 15(5)(a);
- (a) practitioners have dealt with matters that result in conduct complaints being remitted to the relevant professional organisations under section 6(2)(a) or 15(5)(a);
- (b) the relevant professional organisations have dealt with conduct complaints so remitted.
@@ -934,7 +1006,7 @@
- (3) The Commission may—
- (a) give guidance to the relevant professional organisations as to the timescales within which they should aim to complete their investigation of or, as the case may be, determine conduct complaints remitted to them under section 6(a) or 15(5)(a);
- (a) give guidance to the relevant professional organisations as to the timescales within which they should aim to complete their investigation of or, as the case may be, determine conduct complaints remitted to them under section 6(2)(a) or 15(5)(a);
- (b) make recommendations to any relevant professional organisation about the organisation's procedures for, and methods of dealing with, conduct complaints so remitted to it.
@@ -948,7 +1020,7 @@
- (ii) any action the organisation has taken or proposes to take in consequence of the recommendation.
- (5) The Commission may carry out, for any of the purposes of this section, audits of the records held by the relevant professional organisations relating to conduct complaints remitted to them under section 6(a) or 15(5)(a).
- (5) The Commission may carry out, for any of the purposes of this section, audits of the records held by the relevant professional organisations relating to conduct complaints remitted to them under section 6(2)(a) or 15(5)(a).
#### Obtaining of information from relevant professional organisations
@@ -960,7 +1032,7 @@
- (b) to produce to it such documents, being documents which are within the possession or control of the organisation, as the Commission considers relevant for any of those purposes.
- (2) The information required to be provided or the documents required to be produced under subsection (1) may include information or, as the case may be, documents obtained by the relevant professional organisation from a practitioner while investigating a conduct complaint against the practitioner remitted to it under section 6(a) or 15(5)(a); and the organisation must comply with such a requirement.
- (2) The information required to be provided or the documents required to be produced under subsection (1) may include information or, as the case may be, documents obtained by the relevant professional organisation from a practitioner while investigating a conduct complaint against the practitioner remitted to it under section 6(2)(a) or 15(5)(a); and the organisation must comply with such a requirement.
- (3) Where any information required by the Commission under subsection (1) is not within the knowledge of the relevant professional organisation, or any documents required to be produced under that subsection are not within the possession or control of the organisation, the Commission may require the practitioner concerned—
@@ -1130,7 +1202,7 @@
- “*executry practitioner*” means a person registered under section 18 of the 1990 Act in the register of executry practitioners;
- “*handling complaint*” has the meaning given by section 23(1);
- “*handling complaint*” has the meaning given by section 23(1A);
- “inadequate professional services”—means, as respects a practitioner who is—an advocate, professional services which are in any respect not of the quality which could reasonably be expected of a competent advocate;a conveyancing practitioner or an executry practitioner, professional services which are in any respect not of the quality which could reasonably be expected of a competent conveyancing practitioner or, as the case may be, a competent executry practitioner;a firm of solicitors or an incorporated practice, professional services which are in any respect not of the quality which could reasonably be expected of a competent firm of solicitors or, as the case may be, a competent incorporated practice;a person exercising a right to conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act, professional services which are in any respect not of the quality which could reasonably be expected of a competent person exercising such a right;a solicitor, professional services which are in any respect not of the quality which could reasonably be expected of a competent solicitor;a registered European or foreign lawyer, professional services that are in any respect not of the quality which could reasonably be expected of a competent lawyer of that type;includes any element of negligence in respect of or in connection with the services,and cognate expressions are to be construed accordingly;
@@ -1166,7 +1238,7 @@
##### 47
- (1) Where a conduct complaint is remitted to a relevant professional organisation under section 6(a) or 15(5)(a), the organisation must, subject to section 15(1) and (6), investigate it.
- (1) Where a conduct complaint is remitted to a relevant professional organisation under section 6(2)(a) or 15(5)(a), the organisation must, subject to section 15(1) and (6), investigate it.
- (2) After investigating a conduct complaint, the relevant professional organisation must make a written report to the complainer and the practitioner of—
@@ -2903,13 +2975,17 @@
- (i) investigate a services complaint by virtue of section 9;
- (ii) remit a conduct complaint to a relevant professional body under section 6(a) or 15(5)(a);
- (ii) remit a conduct complaint to a relevant professional body under section 6(2)(a) or 15(5)(a);
- (iii) investigate a handling complaint by virtue of section 23,
unless the complainer has, for the purposes of Parts 1 and 2 of this Act, waived any right of confidentiality in relation to the matters to which the complaint relates;
- (c) regulating the handling by it of complaints under Part 1;
- (ca) specifying the grounds on which the Commission may discontinue the investigation of a complaint under section 9(1A)(a) or 23(2)(b) and reinstate a complaint under sections 9(1A)(b) or 23(2)(c);
- (cb) as to the circumstances in which an investigation discontinued under section 9(1A)(a) or 23(2)(b) may cease to be able to be reinstated under sections 9(1A)(b) or 23(2)(c);
- (d) regulating the proposal by the Commission under section 9(2) of a settlement of a complaint and how an accepted settlement is to be constituted;
@@ -3604,396 +3680,606 @@
#### Safeguarding interests of clients
#### Review of and appeal against decisions on remitted conduct complaints: cases other than unsatisfactory professional conduct
#### Criminal legal aid in solemn proceedings
#### Criminal legal aid in solemn proceedings
#### Criminal legal aid: conditions and reviews
#### Criminal Legal Assistance Register: removal of name following failure to comply with code
#### Criminal legal aid: conditions and reviews
#### Register of advice organisations: advice and assistance
#### Financial limit: advice and assistance
#### Civil legal aid: conditions and reviews
#### Civil legal aid: conditions and reviews
#### 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
#### Ancillary provision
#### Civil legal aid: conditions and reviews
### Status
### Membership of the Commission
### Terms of appointment etc.
### Removal of members
### Disqualification from membership
### Remuneration, allowances and pensions for members
### Chief executive and other employees
### Accountable officer
### Procedure
### Committees
### General powers
### Delegation of functions
### Location of office
### Accounts
### Reports
### Solicitors (Scotland) Act 1980 (c. 46)
### Legal Aid (Scotland) Act 1986 (c. 47)
### Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
### Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
### Freedom of Information (Scotland) Act 2002 (asp 13)
### Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
## Editorial notes
[^c20881301]: Act applied (1.10.2008) by [Legal Services Act 2007 (c. 29)](https://www.legislation.gov.uk/ukpga/2007/29), [ss. 195(1)](https://www.legislation.gov.uk/ukpga/2007/29/section/195/1), [211](https://www.legislation.gov.uk/ukpga/2007/29/section/211)(with ss. 29, 192, 193); [S.I. 2008/1436](https://www.legislation.gov.uk/uksi/2008/1436), [art. 3(a)](https://www.legislation.gov.uk/uksi/2008/1436/article/3/a) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2008/1436/article/4))
[^c20881351]: S. 77 repealed (1.10.2008) by [Legal Services Act 2007 (c. 29)](https://www.legislation.gov.uk/ukpga/2007/29), [ss. 195(4)](https://www.legislation.gov.uk/ukpga/2007/29/section/195/4), [210](https://www.legislation.gov.uk/ukpga/2007/29/section/210), [211](https://www.legislation.gov.uk/ukpga/2007/29/section/211), [Sch. 23](https://www.legislation.gov.uk/ukpga/2007/29/schedule/23) (with [ss. 29](https://www.legislation.gov.uk/ukpga/2007/29/section/29), [192](https://www.legislation.gov.uk/ukpga/2007/29/section/192), [193](https://www.legislation.gov.uk/ukpga/2007/29/section/193)); [S.I. 2008/1436](https://www.legislation.gov.uk/uksi/2008/1436), [art. 3(a)(c)](https://www.legislation.gov.uk/uksi/2008/1436/article/3/a/c) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2008/1436/article/4))
[^c20881361]: [Sch. 1 para. 16(1)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/16/1) modified (1.10.2008) by [The Legal Services Act 2007 (Transitional, Savings and Consequential Provisions) (Scotland) Order 2008 (S.I. 2008/2341)](https://www.legislation.gov.uk/uksi/2008/2341), [art. 5](https://www.legislation.gov.uk/uksi/2008/2341/article/5)
[^c20881381]: [Sch. 1 para. 16(1)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/16/1) modified (1.10.2008) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional, Savings and Consequential Provisions) Order 2008 (S.S.I. 2008/332)](https://www.legislation.gov.uk/ssi/2008/332), [art. 5](https://www.legislation.gov.uk/ssi/2008/332/article/5)
[^c20884611]: S. 1 wholly in force at 23.11.2007; s. 1 not in force at Royal Assent, see s. 82; s. 1 in force for certain purposes at 19.3.2007 by [S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140), [art. 2](https://www.legislation.gov.uk/ssi/2007/140/article/2); s. 1 otherwise in force at 23.11.2007 by [S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497), [art. 2](https://www.legislation.gov.uk/ssi/2007/497/article/2)
[^c20884981]: S. 69 partly in force; s. 69 not in force at Royal Assent, see s. 82; s. 69(1)(2)(a)(4) in force at 8.2.2007 by [S.S.I. 2007/57](https://www.legislation.gov.uk/ssi/2007/57), [art. 2](https://www.legislation.gov.uk/ssi/2007/57/article/2)
[^c20885251]: S. 82 power exercised as follows: 8.2.2007 appointed for specified provisions by {[S.S.I. 2007/57](https://www.legislation.gov.uk/ssi/2007/57)}, art. 2; 19.3.2007 appointed for specified provisions by {[S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140)}, art. 2; 30.7.2007 appointed for specified provisions by {[S.S.I. 2007/335](https://www.legislation.gov.uk/ssi/2007/335)}, art. 2; 23.11.2007 appointed for specified provisions by {[S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497)}, art. 2; 1.10.2008 appointed for specified provisions by {[S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311)}, art. 2; 25.11.2010 appointed for specified provisions by {[S.S.I. 2010/376](https://www.legislation.gov.uk/ssi/2010/376)}, art. 2
[^c20885281]: [Sch. 5 para. 1](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/1) wholly in force at 1.10.2008; [Sch. 5 para. 1(15)(16)](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/1/15/16) in force at 23.11.2007 by [S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497), [art. 2](https://www.legislation.gov.uk/ssi/2007/497/article/2); [Sch. 5 para. 1](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/1) in force so far as not already commenced at 1.10.2008 by [S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311), {act. 2}
[^c20885291]: [Sch. 5 para. 3](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3) partly in force; [Sch. 5 para. 3](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3) not in force at Royal Assent, see [s. 82](https://www.legislation.gov.uk/asp/2007/5/section/82); [Sch. 5 para. 3(10)](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3/10) in force at 19.3.2007 by [S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140), [art. 2](https://www.legislation.gov.uk/ssi/2007/140/article/2); [Sch. 5 para. 3(1)-(6)](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3/1)(7)(a)(i)(ii)(b)(8)(9)(11)(12) in force at 1.10.2008 by [S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311), [art. 2](https://www.legislation.gov.uk/ssi/2008/311/article/2)
[^c22558091]: S. 81 wholly in force at 1.10.2008; s. 81 not in force at Royal Assent, see s. 82; s. 81 in force at 19.3.2007 for specified purposes by [S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140), [art. 2(d)](https://www.legislation.gov.uk/ssi/2007/140/article/2/d); s. 81 in force at 23.11.2007 for further specified purposes by [S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497), [art. 2(c)](https://www.legislation.gov.uk/ssi/2007/497/article/2/c); s. 81 in force so far as not already commenced by [S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311), [art. 2(f)](https://www.legislation.gov.uk/ssi/2008/311/article/2/f)
[^key-00042e322a4ac716c3adec79858a594d]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(b)](https://www.legislation.gov.uk/asp/2010/16/section/143/b), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-0023fc8578da4cce1b4d38166d6e41e6]: Words in s. 29(9) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(a)(ii)](https://www.legislation.gov.uk/asp/2010/16/section/144/a/ii), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-0043bf7370bea06909e4544065683c25]: Word in [s. 36(1)(a)](https://www.legislation.gov.uk/asp/2007/5/section/36/1/a) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-01d15240676bd41506977ef31c7a9ef6]: Words in s. 6(2) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232) , [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2) , [2(5)(c)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/5/c/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4) )
[^key-06b4f1e319c925bfc798c748c2e1a556]: Pt. 2A inserted (1.4.2011 for specified purposes, 2.7.2012 in so far as not already in force) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 81](https://www.legislation.gov.uk/asp/2010/16/section/81), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2) (with [ss. 30(3)](https://www.legislation.gov.uk/asp/2010/16/section/30/3), [60(3)](https://www.legislation.gov.uk/asp/2010/16/section/60/3), [89](https://www.legislation.gov.uk/asp/2010/16/section/89), [121(5)](https://www.legislation.gov.uk/asp/2010/16/section/121/5), [124(3)](https://www.legislation.gov.uk/asp/2010/16/section/124/3)); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule); [S.S.I. 2012/152](https://www.legislation.gov.uk/ssi/2012/152), [art. 2](https://www.legislation.gov.uk/ssi/2012/152/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2012/152/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2012/152/article/3))
[^key-0b7a82f29fd7012c92dc56567fe823ad]: S. 23(2)(c) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-131537a8486ecf3836679742fcac0c78]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(a)](https://www.legislation.gov.uk/asp/2010/16/section/143/a), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-14b48cbe33b3575220773a0793b9a9f8]: Word in [Sch. 1 para. 2(3)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/2/3) substituted (22.10.2014) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Membership of the Scottish Legal Complaints Commission) Amendment Order 2014 (S.S.I. 2014/272)](https://www.legislation.gov.uk/ssi/2014/272), [arts. 1](https://www.legislation.gov.uk/ssi/2014/272/article/1), [2(b)](https://www.legislation.gov.uk/ssi/2014/272/article/2/b)
[^key-16e3672ad145708aafd61e5d8ec58584]: Words in s. 23(3)(a) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(c)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/c/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-1946de86a630a7bdcafc76bacdfe63e3]: [S. 2(1A)](https://www.legislation.gov.uk/asp/2007/5/section/2/1A) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(2)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/2/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-1a0b9458bbaf3ee3b56ce70bfc00d4e5]: S. 9(1A)(1B) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(9)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/9/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-1ccf2262d84024044f6cab0febd57fd3]: Words in s. 6(2) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232) , [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2) , [2(5)(c)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/5/c/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4) )
[^key-218972c287d597841f95cdea235c9aa6]: Words in [Sch. 1 para. 13(2)(a)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/13/2/a) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(c)(i)](https://www.legislation.gov.uk/asp/2010/16/section/144/c/i), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-21e210b389bdbe875bf229c541ccf709]: S. 4(2)(a) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(3)(a)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/3/a/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-23f61e94e506a17ca1fc76123d8e7121]: Word in [s. 46](https://www.legislation.gov.uk/asp/2007/5/section/46) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(15)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/15) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-247deabd229fcc3bfdd52573ce4a3d96]: Word in [Sch. 3 para. 1(b)(ii)](https://www.legislation.gov.uk/asp/2007/5/schedule/3/paragraph/1/b/ii) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(17)(a)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/17/a) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-25c52e33a50ddea4791a76986df85394]: Words in s. 4(2) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(3)(a)(iii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/3/a/iii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-2d49601b671ab1f8263815c8678142b0]: S. 7(1) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(6)(a)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/6/a) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-2fb40c290ce39cf7b275a52bb5d7994a]: Words in s. 4(4) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(3)(c)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/3/c) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-303874e58650828c1a082c56d0f1606f]: Words in s. 24(2)(a) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(d)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/d/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-31713d61a17f1afae66be7d2b121900f]: S. 23(8)(aa) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(e)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/e/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-324fb39822794daf7a60cde49ae65708]: Words in s. 15 substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(8)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/8) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-33e437189163ffe4dedb0e803595ae7c]: S. 23(8)(c) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(e)(iii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/e/iii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-353cdfeebafa3baa88d20f703c1eb1c8]: Word in s. 15(5)(a) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-42708277d670e8cdda8e0facf0b0450e]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(d)](https://www.legislation.gov.uk/asp/2010/16/section/143/d), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-4358ff8092861215c72f2a1dc3e1707c]: Words in s. 29(4) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(a)(i)](https://www.legislation.gov.uk/asp/2010/16/section/144/a/i), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-43c65ea375addfc159de7f4dec240f7f]: [S. 2(2A)-(2C)](https://www.legislation.gov.uk/asp/2007/5/section/2/2A) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(2)(c)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/2/c) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-479b9b07ad7d0e57f753e0f4ffb80ae8]: Words in s. 4(2) renumbered as s. 4(2)(b) (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(3)(a)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/3/a/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-4824b9692ed53f1f387978f4ab7f757f]: [S. 5](https://www.legislation.gov.uk/asp/2007/5/section/5) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(4)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/4) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-4ac39533a6d7d6f0db4c426756a800d3]: S. 24(1)(b)(ia) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-4aed5c39b3c594e6ac89016a22e7a687]: Word in [s. 37(2)](https://www.legislation.gov.uk/asp/2007/5/section/37/2) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-50ebe21d2bb02a7500fd015c4032e109]: S. 24(6A)(6B) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(g)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/g) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-53115fd5c81542601aabbf82b54e3551]: [Sch. 3 para. 1(ca)(cb)](https://www.legislation.gov.uk/asp/2007/5/schedule/3/paragraph/1/ca/cb) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(17)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/17/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-56004d44fc1687b00f84115ef33dd5e9]: Words in s. 7(2) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(6)(c)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/6/c/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-5df53d0567a8a2a19c1855dd4198043f]: S. 24(1)(b)(iii) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(c)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/c) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-5f423b642a228035482c1ca0ee58ea76]: Words in s. 24(1)(b)(i) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(a)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/a) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-65b77a5add21027c69a8e1ffd7f103d9]: Words in s. 24(5) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(e)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/e/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-6b1ed8bc7154691639018a230b1e1b36]: Words in s. 7(2) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(6)(c)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/6/c/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-6b4818bcc3ebc808ea9c9bcaf29a5c1f]: Words in s. 23(6)(a) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(d)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/d/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-6f736666a45a7bfebe58a5032316ac13]: S. 6(1) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232) , [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2) , [2(5)(a)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/5/a) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4) )
[^key-72c36129299c93b07cd91853685a87df]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(c)](https://www.legislation.gov.uk/asp/2010/16/section/143/c), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-7989f7ba7f1db373e3d5d9dda0e3967b]: S. 23(1)(1A) substituted for s. 23(1) (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(a)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/a) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-7eb39706f61c8b7deeebb07122c21e90]: Words in s. 24(2)(f) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(d)(iii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/d/iii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-84e55a24c552f8413db213702e3b9bbc]: Word in s. 75(4) substituted (23.3.2011) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011 (S.S.I. 2011/235)](https://www.legislation.gov.uk/ssi/2011/235), [arts. 2(1)](https://www.legislation.gov.uk/ssi/2011/235/article/2/1), [7](https://www.legislation.gov.uk/ssi/2011/235/article/7)
[^key-870f1919d71f3eebca4b1269f1057015]: Words in s. 23(8)(a) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(e)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/e/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-880b766a8ef27a5679fdf3aa19c91790]: S. 23(6)(aa) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(d)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/d/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-8b88e75ecceb2007bcaea1fc34469707]: Words in s. 9(1) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(9)(a)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/9/a) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-8c3a42f3f89100875ce591ed03f63d94]: S. 23(3)(c) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(c)(iv)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/c/iv) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-8c52b285bdf614fd3429c24a78e691bc]: Words in s. 24(6)(b) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(f)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/f/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-8cd59c4b47e2dd3665be01374e9f7fca]: Words in [s. 2(1)](https://www.legislation.gov.uk/asp/2007/5/section/2/1) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(2)(a)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/2/a/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-8fc8fbc2ae723f2e8531677d1852f103]: Word in [s. 33(b)](https://www.legislation.gov.uk/asp/2007/5/section/33/b) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-93209f9689de7f6ad7934d461d85ec4a]: Words in s. 7 renumbered as s. 7(2) (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(6)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/5/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-938eec7167766456a61a4c16c3564a68]: Words in [s. 79(3)(c)(i)](https://www.legislation.gov.uk/asp/2007/5/section/79/3/c/i) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 145(2)](https://www.legislation.gov.uk/asp/2010/16/section/145/2), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-964498cc06429cb3d3acaab5980e5fb4]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(e)](https://www.legislation.gov.uk/asp/2010/16/section/143/e), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-99a110a590229229038838642a6aa7cf]: Words in s. 4(2) renumbered as s. 4(2)(c) (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(3)(a)(iv)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/3/a/iv) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-9a56c4ca0f57d776e9296653b8639386]: Words in s. 24(5) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(e)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/e/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-9cf546dc850c2f8f212cb68609570471]: Word in Sch. 3 para. 1(h)(iii) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(d)](https://www.legislation.gov.uk/asp/2010/16/section/144/d), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-9f4e1c09520646f2fa2d2a511099bdaa]: Words in s. 24(2)(e) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(d)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/d/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-a095bd56f0e12f493ce4db0bcd3b78a3]: Word in s. 24(6)(a) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(f)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/f/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-a76a7d3398d392d4716fc5bebc6da044]: Word in [s. 47(1)](https://www.legislation.gov.uk/asp/2007/5/section/47/1) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-ad4fa5d12ed7fef5694d6bab329d19e2]: [Pt. 1](https://www.legislation.gov.uk/asp/2007/5/part/1) applied (with modifications) (2.7.2012) by [The Licensed Legal Services (Complaints and Compensation Arrangements) (Scotland) Regulations 2012 (S.S.I. 2012/153)](https://www.legislation.gov.uk/ssi/2012/153), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2012/153/regulation/1/1), [2](https://www.legislation.gov.uk/ssi/2012/153/regulation/2)
[^key-afa037888f689e6ddbe6f86b502a8392]: Words in s. 23(3) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(c)(i)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/c/i) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-afc1a11eacf58950dc395a32f52f03a8]: Word in [s. 17(1)](https://www.legislation.gov.uk/asp/2007/5/section/17/1) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(12)(a)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/12/a) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-afe82d3794e99ee52482d957dd48346d]: [S. 72(4)-(6)](https://www.legislation.gov.uk/asp/2007/5/section/72/4) repealed (24.6.2013) by [Children’s Hearings (Scotland) Act 2011 (asp 1)](https://www.legislation.gov.uk/asp/2011/1), [s. 206(2)](https://www.legislation.gov.uk/asp/2011/1/section/206/2), [Sch. 6](https://www.legislation.gov.uk/asp/2011/1/schedule/6) (with [s. 186](https://www.legislation.gov.uk/asp/2011/1/section/186)); [S.S.I. 2013/195](https://www.legislation.gov.uk/ssi/2013/195), [arts. 2](https://www.legislation.gov.uk/ssi/2013/195/article/2), [3](https://www.legislation.gov.uk/ssi/2013/195/article/3)
[^key-b0fa803ab84a41b3e3aa1474e1bcbcf3]: Word in [Sch. 1 para. 13(2)(a)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/13/2/a) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(c)(ii)](https://www.legislation.gov.uk/asp/2010/16/section/144/c/ii), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-b492e01e9695dafff2b0cb80d0065079]: Word in [s. 36(5)](https://www.legislation.gov.uk/asp/2007/5/section/36/5) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-b495afff62a0d6b6f0e5be5aa546ac61]: Words in [s. 2(1)](https://www.legislation.gov.uk/asp/2007/5/section/2/1) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(2)(a)(ii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/2/a/ii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-befc2f7bbc7afd85a8e1786190ae22ae]: Words in s. 24(5) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(e)(iii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/e/iii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-bf3379c30c0e368457b56b08ef37404e]: Words in s. 46(1) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(b)](https://www.legislation.gov.uk/asp/2010/16/section/144/b), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-c26ad64c6593ce88eb644932af851672]: Words in s. 6 renumbered as s. 6(2) (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(5)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/5/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-c2e936d32646c2b39ff1cf31da34d8bb]: Word in [Sch. 1 para. 13(2)(a)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/13/2/a) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(c)(iii)](https://www.legislation.gov.uk/asp/2010/16/section/144/c/iii), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-c4cafd9f4483e6a7e2d4b09a2971017a]: Word in [Sch. 1 para. 2(1)(b)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/2/1/b) substituted (22.10.2014) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Membership of the Scottish Legal Complaints Commission) Amendment Order 2014 (S.S.I. 2014/272)](https://www.legislation.gov.uk/ssi/2014/272), [arts. 1](https://www.legislation.gov.uk/ssi/2014/272/article/1), [2(a)](https://www.legislation.gov.uk/ssi/2014/272/article/2/a)
[^key-c6cae0773876b5fff30f71dad55c877e]: [Pt. 2B](https://www.legislation.gov.uk/asp/2007/5/part/2B) inserted (1.4.2011 for specified purposes) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 114](https://www.legislation.gov.uk/asp/2010/16/section/114), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-cdfdf4842fa76d98ab6823b8b0ae5218]: Word in s. 15(1) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-cebcf74129cf02bf7ee04be4cef2f1e0]: Words in s. 9 substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(8)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/8) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-cfb3838b7d6ad72ac02fe3cecc60d933]: S. 23(6)(c) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(d)(iii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/d/iii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-d1ee29f87335b3bf4193ae0956373a4e]: Word in [s. 17(4)](https://www.legislation.gov.uk/asp/2007/5/section/17/4) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(12)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/12/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-d755380105ed178f8d084bcd8b82d704]: S. 24(5)(a) omitted (1.1.2015) by virtue of [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(14)(e)(iv)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/14/e/iv) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-e0039c1e12059795d9c097d72cf8bc30]: Word in [s. 36(3)(a)](https://www.legislation.gov.uk/asp/2007/5/section/36/3/a) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(11)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/11) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-e2358c64c259b4cdb8f79cc04a8797da]: [S. 8(1)](https://www.legislation.gov.uk/asp/2007/5/section/8/1) substituted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(7)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/7) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-e932b8cd371bf4c9a6783ed3331b9434]: [S. 9A](https://www.legislation.gov.uk/asp/2007/5/section/9A) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(10)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/10) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-e95a6df478bd4f7b6cf33236949766bb]: [Sch. 1 para. 11A](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/11A) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(16)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/16) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-ef396be3f50bc204e5fa6cd77e82c38c]: S. 23(3)(aa) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(c)(iii)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/c/iii) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-ef499f2867d6c7fbdb667f8c9395a20f]: Words in s. 4(3) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(3)(b)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/3/b) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-ef6d663029f6ce40296a402f51bd1bc2]: S. 23(10) inserted (1.1.2015) by [The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232)](https://www.legislation.gov.uk/ssi/2014/232), [regs. 1(2)](https://www.legislation.gov.uk/ssi/2014/232/regulation/1/2), [2(13)(f)](https://www.legislation.gov.uk/ssi/2014/232/regulation/2/13/f) (with [reg. 4](https://www.legislation.gov.uk/ssi/2014/232/regulation/4))
[^key-f29f1267f20894620c565d666a75402d]: S. 78(1A) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 145(1)](https://www.legislation.gov.uk/asp/2010/16/section/145/1), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-f5326857eaad089c8e9c72f259c738c9]: Word in [Sch. 1 para. 2(4)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/2/4) substituted (22.10.2014) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Membership of the Scottish Legal Complaints Commission) Amendment Order 2014 (S.S.I. 2014/272)](https://www.legislation.gov.uk/ssi/2014/272), [arts. 1](https://www.legislation.gov.uk/ssi/2014/272/article/1), [2(c)](https://www.legislation.gov.uk/ssi/2014/272/article/2/c)
[^key-ff33fc8f205a8637b0d27228e7666386]: Words in s. 78(1A) inserted (2.7.2012) by [The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 (S.S.I. 2012/212)](https://www.legislation.gov.uk/ssi/2012/212), [regs. 1](https://www.legislation.gov.uk/ssi/2012/212/regulation/1), [4(2)](https://www.legislation.gov.uk/ssi/2012/212/regulation/4/2)
#### Receipt of complaints: preliminary steps
#### 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
#### Determining nature of 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.
#### Investigation under section 23: final report and recommendations
#### Conduct complaints: duty of relevant professional organisations to investigate etc.
#### Restriction upon disclosure of information: relevant professional organisations
#### Unsatisfactory professional conduct: conveyancing or executry practitioners
#### Complaints about licensed providers
#### Scottish Solicitors Guarantee Fund: borrowing limit
#### Safeguarding interests of clients
#### Notaries public to be practising solicitors
#### Criminal legal aid in solemn proceedings
#### Criminal legal aid in solemn proceedings
#### Criminal legal aid: conditions and reviews
#### Regulation of notaries public
#### 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
#### Financial limit: advice and assistance
#### Financial limit: advice and assistance
#### Civil legal aid: conditions and reviews
#### Civil legal aid: conditions and reviews
#### 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
#### Regulations under section 36 of the 1986 Act
#### Ancillary provision
#### Short title and commencement
### Status
### Membership of the Commission
### Terms of appointment etc.
### Removal of members
### Disqualification from membership
### Remuneration, allowances and pensions for members
### Chief executive and other employees
### Accountable officer
### Procedure
### Committees
### General powers
### Delegation of functions
### Location of office
### Accounts
### Reports
### Solicitors (Scotland) Act 1980 (c. 46)
### Legal Aid (Scotland) Act 1986 (c. 47)
### Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
### Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
### Freedom of Information (Scotland) Act 2002 (asp 13)
### Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
## Editorial notes
[^c20881301]: Act applied (1.10.2008) by [Legal Services Act 2007 (c. 29)](https://www.legislation.gov.uk/ukpga/2007/29), [ss. 195(1)](https://www.legislation.gov.uk/ukpga/2007/29/section/195/1), [211](https://www.legislation.gov.uk/ukpga/2007/29/section/211)(with ss. 29, 192, 193); [S.I. 2008/1436](https://www.legislation.gov.uk/uksi/2008/1436), [art. 3(a)](https://www.legislation.gov.uk/uksi/2008/1436/article/3/a) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2008/1436/article/4))
[^c20884611]: S. 1 wholly in force at 23.11.2007; s. 1 not in force at Royal Assent, see s. 82; s. 1 in force for certain purposes at 19.3.2007 by [S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140), [art. 2](https://www.legislation.gov.uk/ssi/2007/140/article/2); s. 1 otherwise in force at 23.11.2007 by [S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497), [art. 2](https://www.legislation.gov.uk/ssi/2007/497/article/2)
[^c20884981]: S. 69 partly in force; s. 69 not in force at Royal Assent, see s. 82; s. 69(1)(2)(a)(4) in force at 8.2.2007 by [S.S.I. 2007/57](https://www.legislation.gov.uk/ssi/2007/57), [art. 2](https://www.legislation.gov.uk/ssi/2007/57/article/2)
[^c20881351]: S. 77 repealed (1.10.2008) by [Legal Services Act 2007 (c. 29)](https://www.legislation.gov.uk/ukpga/2007/29), [ss. 195(4)](https://www.legislation.gov.uk/ukpga/2007/29/section/195/4), [210](https://www.legislation.gov.uk/ukpga/2007/29/section/210), [211](https://www.legislation.gov.uk/ukpga/2007/29/section/211), [Sch. 23](https://www.legislation.gov.uk/ukpga/2007/29/schedule/23) (with [ss. 29](https://www.legislation.gov.uk/ukpga/2007/29/section/29), [192](https://www.legislation.gov.uk/ukpga/2007/29/section/192), [193](https://www.legislation.gov.uk/ukpga/2007/29/section/193)); [S.I. 2008/1436](https://www.legislation.gov.uk/uksi/2008/1436), [art. 3(a)(c)](https://www.legislation.gov.uk/uksi/2008/1436/article/3/a/c) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2008/1436/article/4))
[^c22558091]: S. 81 wholly in force at 1.10.2008; s. 81 not in force at Royal Assent, see s. 82; s. 81 in force at 19.3.2007 for specified purposes by [S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140), [art. 2(d)](https://www.legislation.gov.uk/ssi/2007/140/article/2/d); s. 81 in force at 23.11.2007 for further specified purposes by [S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497), [art. 2(c)](https://www.legislation.gov.uk/ssi/2007/497/article/2/c); s. 81 in force so far as not already commenced by [S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311), [art. 2(f)](https://www.legislation.gov.uk/ssi/2008/311/article/2/f)
[^c20885251]: S. 82 power exercised as follows: 8.2.2007 appointed for specified provisions by {[S.S.I. 2007/57](https://www.legislation.gov.uk/ssi/2007/57)}, art. 2; 19.3.2007 appointed for specified provisions by {[S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140)}, art. 2; 30.7.2007 appointed for specified provisions by {[S.S.I. 2007/335](https://www.legislation.gov.uk/ssi/2007/335)}, art. 2; 23.11.2007 appointed for specified provisions by {[S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497)}, art. 2; 1.10.2008 appointed for specified provisions by {[S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311)}, art. 2; 25.11.2010 appointed for specified provisions by {[S.S.I. 2010/376](https://www.legislation.gov.uk/ssi/2010/376)}, art. 2
[^c20881381]: [Sch. 1 para. 16(1)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/16/1) modified (1.10.2008) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional, Savings and Consequential Provisions) Order 2008 (S.S.I. 2008/332)](https://www.legislation.gov.uk/ssi/2008/332), [art. 5](https://www.legislation.gov.uk/ssi/2008/332/article/5)
[^c20881361]: [Sch. 1 para. 16(1)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/16/1) modified (1.10.2008) by [The Legal Services Act 2007 (Transitional, Savings and Consequential Provisions) (Scotland) Order 2008 (S.I. 2008/2341)](https://www.legislation.gov.uk/uksi/2008/2341), [art. 5](https://www.legislation.gov.uk/uksi/2008/2341/article/5)
[^c20885281]: [Sch. 5 para. 1](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/1) wholly in force at 1.10.2008; [Sch. 5 para. 1(15)(16)](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/1/15/16) in force at 23.11.2007 by [S.S.I. 2007/497](https://www.legislation.gov.uk/ssi/2007/497), [art. 2](https://www.legislation.gov.uk/ssi/2007/497/article/2); [Sch. 5 para. 1](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/1) in force so far as not already commenced at 1.10.2008 by [S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311), {act. 2}
[^c20885291]: [Sch. 5 para. 3](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3) partly in force; [Sch. 5 para. 3](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3) not in force at Royal Assent, see [s. 82](https://www.legislation.gov.uk/asp/2007/5/section/82); [Sch. 5 para. 3(10)](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3/10) in force at 19.3.2007 by [S.S.I. 2007/140](https://www.legislation.gov.uk/ssi/2007/140), [art. 2](https://www.legislation.gov.uk/ssi/2007/140/article/2); [Sch. 5 para. 3(1)-(6)](https://www.legislation.gov.uk/asp/2007/5/schedule/5/paragraph/3/1)(7)(a)(i)(ii)(b)(8)(9)(11)(12) in force at 1.10.2008 by [S.S.I. 2008/311](https://www.legislation.gov.uk/ssi/2008/311), [art. 2](https://www.legislation.gov.uk/ssi/2008/311/article/2)
[^key-84e55a24c552f8413db213702e3b9bbc]: Word in s. 75(4) substituted (23.3.2011) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011 (S.S.I. 2011/235)](https://www.legislation.gov.uk/ssi/2011/235), [arts. 2(1)](https://www.legislation.gov.uk/ssi/2011/235/article/2/1), [7](https://www.legislation.gov.uk/ssi/2011/235/article/7)
[^key-c6cae0773876b5fff30f71dad55c877e]: [Pt. 2B](https://www.legislation.gov.uk/asp/2007/5/part/2B) inserted (1.4.2011 for specified purposes) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 114](https://www.legislation.gov.uk/asp/2010/16/section/114), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-131537a8486ecf3836679742fcac0c78]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(a)](https://www.legislation.gov.uk/asp/2010/16/section/143/a), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-00042e322a4ac716c3adec79858a594d]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(b)](https://www.legislation.gov.uk/asp/2010/16/section/143/b), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-72c36129299c93b07cd91853685a87df]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(c)](https://www.legislation.gov.uk/asp/2010/16/section/143/c), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-42708277d670e8cdda8e0facf0b0450e]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(d)](https://www.legislation.gov.uk/asp/2010/16/section/143/d), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-964498cc06429cb3d3acaab5980e5fb4]: Words in s. 46(1) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 143(e)](https://www.legislation.gov.uk/asp/2010/16/section/143/e), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-bf3379c30c0e368457b56b08ef37404e]: Words in s. 46(1) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(b)](https://www.legislation.gov.uk/asp/2010/16/section/144/b), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-218972c287d597841f95cdea235c9aa6]: Words in [Sch. 1 para. 13(2)(a)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/13/2/a) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(c)(i)](https://www.legislation.gov.uk/asp/2010/16/section/144/c/i), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-b0fa803ab84a41b3e3aa1474e1bcbcf3]: Word in [Sch. 1 para. 13(2)(a)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/13/2/a) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(c)(ii)](https://www.legislation.gov.uk/asp/2010/16/section/144/c/ii), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-c2e936d32646c2b39ff1cf31da34d8bb]: Word in [Sch. 1 para. 13(2)(a)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/13/2/a) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(c)(iii)](https://www.legislation.gov.uk/asp/2010/16/section/144/c/iii), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-4358ff8092861215c72f2a1dc3e1707c]: Words in s. 29(4) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(a)(i)](https://www.legislation.gov.uk/asp/2010/16/section/144/a/i), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-0023fc8578da4cce1b4d38166d6e41e6]: Words in s. 29(9) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(a)(ii)](https://www.legislation.gov.uk/asp/2010/16/section/144/a/ii), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-f29f1267f20894620c565d666a75402d]: S. 78(1A) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 145(1)](https://www.legislation.gov.uk/asp/2010/16/section/145/1), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-938eec7167766456a61a4c16c3564a68]: Words in [s. 79(3)(c)(i)](https://www.legislation.gov.uk/asp/2007/5/section/79/3/c/i) inserted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 145(2)](https://www.legislation.gov.uk/asp/2010/16/section/145/2), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-9cf546dc850c2f8f212cb68609570471]: Word in Sch. 3 para. 1(h)(iii) substituted (1.4.2011) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 144(d)](https://www.legislation.gov.uk/asp/2010/16/section/144/d), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule)
[^key-ad4fa5d12ed7fef5694d6bab329d19e2]: [Pt. 1](https://www.legislation.gov.uk/asp/2007/5/part/1) applied (with modifications) (2.7.2012) by [The Licensed Legal Services (Complaints and Compensation Arrangements) (Scotland) Regulations 2012 (S.S.I. 2012/153)](https://www.legislation.gov.uk/ssi/2012/153), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2012/153/regulation/1/1), [2](https://www.legislation.gov.uk/ssi/2012/153/regulation/2)
[^key-06b4f1e319c925bfc798c748c2e1a556]: Pt. 2A inserted (1.4.2011 for specified purposes, 2.7.2012 in so far as not already in force) by [Legal Services (Scotland) Act 2010 (asp 16)](https://www.legislation.gov.uk/asp/2010/16), [ss. 81](https://www.legislation.gov.uk/asp/2010/16/section/81), [150(2)](https://www.legislation.gov.uk/asp/2010/16/section/150/2) (with [ss. 30(3)](https://www.legislation.gov.uk/asp/2010/16/section/30/3), [60(3)](https://www.legislation.gov.uk/asp/2010/16/section/60/3), [89](https://www.legislation.gov.uk/asp/2010/16/section/89), [121(5)](https://www.legislation.gov.uk/asp/2010/16/section/121/5), [124(3)](https://www.legislation.gov.uk/asp/2010/16/section/124/3)); [S.S.I. 2011/180](https://www.legislation.gov.uk/ssi/2011/180), [art. 3](https://www.legislation.gov.uk/ssi/2011/180/article/3), [Sch.](https://www.legislation.gov.uk/ssi/2011/180/schedule); [S.S.I. 2012/152](https://www.legislation.gov.uk/ssi/2012/152), [art. 2](https://www.legislation.gov.uk/ssi/2012/152/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2012/152/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2012/152/article/3))
[^key-ff33fc8f205a8637b0d27228e7666386]: Words in s. 78(1A) inserted (2.7.2012) by [The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 (S.S.I. 2012/212)](https://www.legislation.gov.uk/ssi/2012/212), [regs. 1](https://www.legislation.gov.uk/ssi/2012/212/regulation/1), [4(2)](https://www.legislation.gov.uk/ssi/2012/212/regulation/4/2)
[^key-afe82d3794e99ee52482d957dd48346d]: [S. 72(4)-(6)](https://www.legislation.gov.uk/asp/2007/5/section/72/4) repealed (24.6.2013) by [Children’s Hearings (Scotland) Act 2011 (asp 1)](https://www.legislation.gov.uk/asp/2011/1), [s. 206(2)](https://www.legislation.gov.uk/asp/2011/1/section/206/2), [Sch. 6](https://www.legislation.gov.uk/asp/2011/1/schedule/6) (with [s. 186](https://www.legislation.gov.uk/asp/2011/1/section/186)); [S.S.I. 2013/195](https://www.legislation.gov.uk/ssi/2013/195), [arts. 2](https://www.legislation.gov.uk/ssi/2013/195/article/2), [3](https://www.legislation.gov.uk/ssi/2013/195/article/3)
[^key-c4cafd9f4483e6a7e2d4b09a2971017a]: Word in [Sch. 1 para. 2(1)(b)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/2/1/b) substituted (22.10.2014) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Membership of the Scottish Legal Complaints Commission) Amendment Order 2014 (S.S.I. 2014/272)](https://www.legislation.gov.uk/ssi/2014/272), [arts. 1](https://www.legislation.gov.uk/ssi/2014/272/article/1), [2(a)](https://www.legislation.gov.uk/ssi/2014/272/article/2/a)
[^key-14b48cbe33b3575220773a0793b9a9f8]: Word in [Sch. 1 para. 2(3)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/2/3) substituted (22.10.2014) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Membership of the Scottish Legal Complaints Commission) Amendment Order 2014 (S.S.I. 2014/272)](https://www.legislation.gov.uk/ssi/2014/272), [arts. 1](https://www.legislation.gov.uk/ssi/2014/272/article/1), [2(b)](https://www.legislation.gov.uk/ssi/2014/272/article/2/b)
[^key-f5326857eaad089c8e9c72f259c738c9]: Word in [Sch. 1 para. 2(4)](https://www.legislation.gov.uk/asp/2007/5/schedule/1/paragraph/2/4) substituted (22.10.2014) by [The Legal Profession and Legal Aid (Scotland) Act 2007 (Membership of the Scottish Legal Complaints Commission) Amendment Order 2014 (S.S.I. 2014/272)](https://www.legislation.gov.uk/ssi/2014/272), [arts. 1](https://www.legislation.gov.uk/ssi/2014/272/article/1), [2(c)](https://www.legislation.gov.uk/ssi/2014/272/article/2/c)
#### 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
##### 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.
2014-10-22
Legal Profession and Legal Aid (Scotland) Act 2007
2012-07-02
Legal Profession and Legal Aid (Scotland) Act 2007
2011-04-01
Legal Profession and Legal Aid (Scotland) Act 2007
2011-03-23
Legal Profession and Legal Aid (Scotland) Act 2007
2010-11-25
Legal Profession and Legal Aid (Scotland) Act 2007
2010-11-24
Legal Profession and Legal Aid (Scotland) Act 2007
2008-10-01
Legal Profession and Legal Aid (Scotland) Act 2007
2007-11-23
Legal Profession and Legal Aid (Scotland) Act 2007
2007-07-30
Legal Profession and Legal Aid (Scotland) Act 2007
2007-03-19
Legal Profession and Legal Aid (Scotland) Act 2007
2007-02-08
Legal Profession and Legal Aid (Scotland) Act 2007
2007-01-19
Legal Profession and Legal Aid (Scotland) Act 2007 — versión origina
original version
Text at this date