Legal Profession and Legal Aid (Scotland) Act 2007

19Documents and information from third parties

(1)Where the Commission has requested that documents or information in the possession or control of a person be produced for the purposes of an investigation by it under this Act and the person refuses or fails to produce the documents or information, the Commission may apply to the court for an order under subsection (2).

(2)An order by the court under this subsection may require a person to produce or deliver the documents or information or to cause them or it to be produced or delivered to the person appointed at the place fixed by the Commission within such time as the court may order.

(3)The court may make an order under subsection (2) only if—

(a)it appears—

(i)the documents sought are; or

(ii)the information sought is,

relevant to the investigation; and

(b)it is in the public interest for the documents or information to be produced.

(4)Where the Commission receives possession of any such documents or information which have been produced or delivered to it, it must without delay serve on the person from whom the documents or information were received, a notice giving particulars and the date on which it took possession.

(5)Before the expiry of the period of 14 days after service of a notice under subsection (4) the person on whom the notice has been served may apply to the court for an order directing return of the documents or information to the person from whom they were received by the Commission or to such other person as the applicant may request; and on the hearing of any such application the court may make the order applied for or such other order as it thinks fit.

(6)If no application is made to the court under subsection (5), or if the court on any such application directs that the documents or information in question remain in the custody or control of the Commission, the Commission may make enquiries to ascertain the person to whom they belong and may deal with the documents or information in accordance with the directions of that person.

(7)This section does not apply to documents or information in the possession or control of—

(a)the person who made the complaint from which the investigation arises;

(b)the practitioner concerned;

(c)a relevant professional organisation.