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Legal Profession and Legal Aid (Scotland) Act 2007

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This is the original version (as it was originally enacted).

Delegation of functions

This section has no associated Explanatory Notes

13(1)The Commission may, subject to sub-paragraphs (2), (3) and (4), authorise—

(a)the chief executive;

(b)any of its committees;

(c)any of its members;

(d)any of its other members of staff,

to exercise such of its functions (to such extent) as it may determine.

(2)The Commission may authorise—

(a)the function of deciding under section 2(4)(a) whether a complaint is frivolous, vexatious or totally without merit to be exercised only by any of its committees or by one of the Commission’s members;

(b)the function of deciding under section 3(1) whether—

(i)any element of a complaint is capable of being dealt with under a specified regulatory scheme;

(ii)the extent (if any) to which the Commission is able to take the preliminary steps referred to in section 2(4) in relation to the complaint and to deal with it under Part 1,

to be exercised only by one of the Commission’s members;

(c)the function of deciding whether any element of a complaint is about the exercise of discretion by any Crown Counsel or procurator fiscal in relation to the prosecution of crime or investigation of deaths to be exercised only by one of the Commission’s members;

(d)the following functions to be exercised only by a determination committee—

(i)the making of a determination under section 9(1);

(ii)the making of a determination or direction under section 10(2);

(iii)the making of any decision or the publication of a report under section 13;

(iv)the making of a decision under section 23(2);

(v)the making of a direction under section 24(6).

(3)The Commission may not authorise the exercise of any of the following functions under sub-paragraph (1)—

(a)the approval of annual reports and accounts;

(b)making of rules under section 32(1);

(c)determining the amount of the annual general levy and the complaints levy under section 29(1);

(d)the approval of any budget or other financial plan.

(4)Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of its functions.

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