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Legal Profession and Legal Aid (Scotland) Act 2007

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Part 1 The Scottish Legal Complaints Commission

Establishment
1.The Scottish Legal Complaints Commission

Conduct or services complaints against practitioners

2.Receipt of complaints: preliminary steps
3.Existence of specified regulatory scheme
4.Complaint not made timeously or made prematurely
5.Determining nature of complaint
6.Complaint determined to be conduct complaint
7.Services complaint: notice
8.Services complaint: local resolution or mediation
9.Services complaint: Commission's duty to investigate and determine
10.Commission upholds services complaint
11.Fair and reasonable: matters to be taken into account by Commission
12.Services complaint: notice where not upheld or upheld
13.Services complaint: reports
14.Determination under section 9(1) or taking of steps under section 10(2): effect in relation to proceedings
15.Complaint appears during mediation or investigation to fall within different category
16.Power to monitor compliance with directions under section 10(2)
17.Power to examine documents and demand explanations in connection with conduct or services complaints
18.Power of Commission to recover certain expenses
19.Documents and information from third parties
20.Enforcement of Commission direction under section 10(2)

Appeals

21.Appeal against Commission decisions
22.Appeal: supplementary provision

Handling by relevant professional organisations of conduct complaints

23.Handling by relevant professional organisations of conduct complaints: investigation by Commission
24.Investigation under section 23: final report and recommendations
25.Failure to comply with recommendation
26.Abolition of Scottish legal services ombudsman

Finance

27.Annual general levy
28.Complaints levy
29.Amount of levies and consultation
30.Grants or loans by the Scottish Ministers
31.Guarantees

Rules as to Commission's practice and procedure
32.Duty of Commission to make rules as to practice and procedure

Forwarding complaints, advice, monitoring etc.

33.Duty of relevant professional organisations to forward complaints to Commission
34.Commission's duty to provide advice
35.Services complaints: monitoring, reports, protocols and information sharing
36.Conduct complaints: monitoring, reports, guidance and recommendations
37.Obtaining of information from relevant professional organisations
38.Efficient and effective working
39.Monitoring effectiveness of guarantee funds etc.
40.How practitioners deal with complaints: best practice notes

Miscellaneous

41.Power by regulations to amend duties and powers of Commission
42.Reports: privilege
43.Restriction upon disclosure of information: Commission
44.Exemption from liability in damages
45.Giving of notices etc. under Part 1
46.Interpretation of Part 1

Part 2 Conduct and services complaints etc.: other matters

47.Conduct complaints: duty of relevant professional organisations to investigate etc.
48.Conduct complaints and reviews: power of relevant professional organisations to examine documents and demand explanations
49.Conduct complaints: financial impropriety
50.Power of relevant professional organisations to recover certain expenses
51.Powers in relation to documents and information from third parties
52.Restriction upon disclosure of information: relevant professional organisations
53.Unsatisfactory professional conduct: solicitors
54.Unsatisfactory professional conduct: conveyancing or executry practitioners
55.Report by Commission to Council under section 10(2)(e)
56.Powers to fine and award compensation for professional misconduct etc.
57.Review of and appeal against decisions on remitted conduct complaints: cases other than unsatisfactory professional conduct

Part 3 Legal profession: other matters

58.Constitution of Scottish Solicitors' Discipline Tribunal
59.Scottish Solicitors Guarantee Fund: borrowing limit
60.Safeguarding interests of clients
61.Offence for unqualified persons to prepare certain documents
62.Notaries public to be practising solicitors
63.Regulation of notaries public

Part 4 Legal aid

64.Criminal legal aid in solemn proceedings
65.Criminal legal aid: conditions and reviews
66.Criminal Legal Assistance Register: removal of name following failure to comply with code
67.Register of advice organisations: advice and assistance
68.Scottish Legal Aid Board: grants for certain purposes
69.Financial limit: advice and assistance
70.Further provision in relation to the Fund: advice and assistance
71.Availability of civil legal aid for defamation or verbal injury
72.Civil legal aid: conditions and reviews
73.Availability of legal aid: Judicial Committee of the Privy Council
74.Solicitors employed by the Scottish Legal Aid Board
75.Contributions, and payments out of property recovered
76.Regulations under section 36 of the 1986 Act

Part 5 General

77.Advice, services or activities to which Act does not apply
78.Ancillary provision
79.Regulations or orders
80.Interpretation
81.Minor and consequential modifications
82.Short title and commencement

SCHEDULE 1
The Scottish Legal Complaints Commission

Status
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...
4.In 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...

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

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

General powers
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...

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

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

SCHEDULE 2
Further powers of Commission under section 17 or 37

1.Where the Commission— (a) gives notice under subsection (1) of...
2.Where the Commission takes possession of any such documents or...
3.Before the expiry of the period of 14 days after...
4.If no application is made to the court under paragraph...

SCHEDULE 3
Rules as to Commission's practice and procedure

Provision which must be included
1.The rules as to the Commission's practice and procedure made...

Provision which may in particular be included

2.The rules as to the Commission's practice and procedure made...
3.In this schedule— “lawyer member” has the meaning given by...

SCHEDULE 4
Further powers of relevant professional organisations under section 48

1.Where a relevant professional organisation gives notice—
2.Where a relevant professional organisation takes possession of any such...
3.Before the expiry of the period of 14 days after...
4.If no application is made to the court under paragraph...

SCHEDULE 5
Minor 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)
4.In the Ethical Standards in Public Life etc. (Scotland) Act...

Freedom of Information (Scotland) Act 2002 (asp 13)
5.In the Freedom of Information (Scotland) Act 2002, in schedule...

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