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This is the original version (as it was originally enacted).

13Services complaint: reports

This section has no associated Explanatory Notes

(1)The Commission may, if it considers it appropriate to do so in any particular case, publish a report of—

(a)any mediation which has taken place by virtue of section 8(5) in relation to a services complaint, the outcome of which is accepted by both the complainer and the practitioner;

(b)an investigation of a services complaint under section 9 and—

(i)any settlement proposed under subsection (2) of that section as respects the complaint, which is accepted as mentioned in subsection (4) of that section;

(ii)any determination of the complaint under subsection (1) of that section;

(c)a determination, direction or report under section 10(2).

(2)A report under subsection (1) must not (unless the complainer consents)—

(a)mention the name of the complainer;

(b)include any particulars which, in the opinion of the Commission, are likely to identify the complainer.

(3)A report under subsection (1) may only—

(a)mention the name of the practitioner complained of; or

(b)include any particulars which, in the opinion of the Commission, are likely to identify the practitioner,

if the practitioner consents or the condition in subsection (4) is met.

(4)The condition is that—

(a)the case is exceptional;

(b)in the opinion of the Commission, it is in the public interest for the identity of the practitioner concerned to be included in the report; and

(c)the Commission has given not less than 4 weeks notice in writing to the practitioner that it intends to identify the practitioner in the report, specifying the reasons for its decision.

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