Legal Profession and Legal Aid (Scotland) Act 2007

Part 1The Scottish Legal Complaints Commission

1The Scottish Legal Complaints Commission

Conduct or services complaints against practitioners

2Receipt of complaints: preliminary steps

3Existence of specified regulatory scheme

4Complaint not made timeously or made prematurely

5Determining nature of complaint

6Complaint determined to be conduct complaint

7Services complaint: notice

8Services complaint: local resolution or mediation

9Services complaint: Commission's duty to investigate and determine

9AServices complaint: further provision

10Commission upholds services complaint

11Fair and reasonable: matters to be taken into account by Commission

12Services complaint: notice where not upheld or upheld

13Services complaint: reports

14Determination under section 9(1) or taking of steps under section 10(2): effect in relation to proceedings

15Complaint appears during mediation or investigation to fall within different category

16Power to monitor compliance with directions under section 10(2)

17Power to examine documents and demand explanations in connection with conduct or services complaints

18Power of Commission to recover certain expenses

19Documents and information from third parties

20Enforcement of Commission direction under section 10(2)

21Appeal against Commission decisions

22Appeal: supplementary provision

Handling by relevant professional organisations of conduct complaints

23Handling by relevant professional organisations of conduct complaints: investigation by Commission

24Investigation under section 23: final report and recommendations

25Failure to comply with recommendation

26Abolition of Scottish legal services ombudsman

27Annual general levy

28Complaints levy

29Amount of levies and consultation

30Grants or loans by the Scottish Ministers

Rules as to Commission's practice and procedure

32Duty of Commission to make rules as to practice and procedure

Forwarding complaints, advice, monitoring etc.

33Duty of relevant professional organisations to forward complaints to Commission

34Commission's duty to provide advice

35Services complaints: monitoring, reports, protocols and information sharing

36Conduct complaints: monitoring, reports, guidance and recommendations

37Obtaining of information from relevant professional organisations

38Efficient and effective working

39Monitoring effectiveness of guarantee funds etc.

40How practitioners deal with complaints: best practice notes

41Power by regulations to amend duties and powers of Commission

42Reports: privilege

43Restriction upon disclosure of information: Commission

44Exemption from liability in damages

45Giving of notices etc. under Part 1

46Interpretation of Part 1

Part 2Conduct and services complaints etc.: other matters

47Conduct complaints: duty of relevant professional organisations to investigate etc.

48Conduct complaints and reviews: power of relevant professional organisations to examine documents and demand explanations

49Conduct complaints: financial impropriety

50Power of relevant professional organisations to recover certain expenses

51Powers in relation to documents and information from third parties

52Restriction upon disclosure of information: relevant professional organisations

53Unsatisfactory professional conduct: solicitors

54Unsatisfactory professional conduct: conveyancing or executry practitioners

55Report by Commission to Council under section 10(2)(e)

56Powers to fine and award compensation for professional misconduct etc.

57Review of and appeal against decisions on remitted conduct complaints: cases other than unsatisfactory professional conduct

Part 2ASpecial provision for licensed providers

57AComplaints about licensed providers

57BRegulatory complaints

57CLevy, advice and guidance

57DRecovery of levy

57EHandling complaints

57FEffectiveness of compensation fund

57GInterpretation of Part 2A

Part 2BSpecial provision for confirmation agents and will writers

57HComplaints about agents and writers

57IHandling complaints

57JLevy payable

57KRecovery of levy

57LInterpretation of Part 2B

Part 3Legal profession: other matters

58Constitution of Scottish Solicitors' Discipline Tribunal

59Scottish Solicitors Guarantee Fund: borrowing limit

60Safeguarding interests of clients

61Offence for unqualified persons to prepare certain documents

62Notaries public to be practising solicitors

63Regulation of notaries public

Part 4Legal aid

64Criminal legal aid in solemn proceedings

65Criminal legal aid: conditions and reviews

66Criminal Legal Assistance Register: removal of name following failure to comply with code

67Register of advice organisations: advice and assistance

68Scottish Legal Aid Board: grants for certain purposes

69Financial limit: advice and assistance

70Further provision in relation to the Fund: advice and assistance

71Availability of civil legal aid for defamation or verbal injury

72Civil legal aid: conditions and reviews

73Availability of legal aid: Judicial Committee of the Privy Council

74Solicitors employed by the Scottish Legal Aid Board

75Contributions, and payments out of property recovered

76Regulations under section 36 of the 1986 Act

77Advice, services or activities to which Act does not apply

78Ancillary provision

79Regulations or orders

80Interpretation

81Minor and consequential modifications

82Short title and commencement

SCHEDULE 1The Scottish Legal Complaints Commission

1(1) The Commission is a body corporate.

Membership of the Commission

2(1) The Commission is to consist of the following members—...

Terms of appointment etc.

3(1) Subject to sub-paragraph (2), each member is to be...

4In appointing members, the Scottish Ministers are to have regard...

Removal of members

5(1) Subject to sub-paragraph (2), the chairing member may, by...

Disqualification from membership

6(1) A person is disqualified from appointment, and from holding...

Remuneration, allowances and pensions for members

7(1) The Commission is to pay to its members such...

Chief executive and other employees

8(1) The Commission is to employ a chief executive.

Accountable officer

9(1) The chief executive is the accountable officer for the...

10(1) Subject to sub-paragraph (2)— (a) any quorum of the...

11(1) The Commission— (a) must establish one or more determination...

11A(1) The Commission must establish an independent advisory panel.

12(1) The Commission may do anything which appears to it...

Delegation of functions

13(1) The Commission may, subject to sub-paragraphs (2), (3) and...

Location of office

14(1) Subject to sub-paragraph (2), the Commission's determination of the...

15(1) The Commission must— (a) keep proper accounts and accounting...

16(1) As soon as practicable after the end of each...

SCHEDULE 2Further powers of Commission under section 17 or 37

1Where the Commission— (a) gives notice under subsection (1) of...

2Where the Commission takes possession of any such documents or...

3Before the expiry of the period of 14 days after...

4If no application is made to the court under paragraph...

SCHEDULE 3Rules as to Commission's practice and procedure

Provision which must be included

1The rules as to the Commission's practice and procedure made...

Provision which may in particular be included

2The rules as to the Commission's practice and procedure made...

3In this schedule— “lawyer member” has the meaning given by...

SCHEDULE 4Further powers of relevant professional organisations under section 48

1Where a relevant professional organisation gives notice—

2Where a relevant professional organisation takes possession of any such...

3Before the expiry of the period of 14 days after...

4If no application is made to the court under paragraph...

SCHEDULE 5Minor and consequential modifications

Solicitors (Scotland) Act 1980 (c. 46)

1(1) The 1980 Act is amended as follows.

Legal Aid (Scotland) Act 1986 (c. 47)

2(1) The 1986 Act is amended as follows.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

3(1) The 1990 Act is amended as follows.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

4In the Ethical Standards in Public Life etc. (Scotland) Act...

Freedom of Information (Scotland) Act 2002 (asp 13)

5In the Freedom of Information (Scotland) Act 2002, in schedule...

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

6In the Public Appointments and Public Bodies etc. (Scotland) Act...

Legal Profession and Legal Aid (Scotland) Act 2007

2007 asp 5

An Act of the Scottish Parliament to establish the Scottish Legal Complaints Commission; to make provision as regards complaints against members of the legal profession in Scotland and other matters concerning the regulation of that profession; to make provision in connection with the administration of the Scottish Legal Aid Fund, including a register of advice organisations in connection with advice and assistance; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14th December 2006 and received Royal Assent on 19th January 2007C1

Annotations:

Modifications etc. (not altering text)

C1

Act applied (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195(1), 211(with ss. 29, 192, 193); S.I. 2008/1436, art. 3(a) (with transitional provisions in art. 4)