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Legal Profession and Legal Aid (Scotland) Act 2007, Section 28 is up to date with all changes known to be in force on or before 09 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A practitioner against whom a services complaint is made must pay to the Commission, in the circumstances mentioned in subsection (2), a contribution in relation to the complaint (referred to in this Part as “the complaints levy”).
(2)The circumstances are where—
(a)any of the following applies—
(i)mediation by virtue of section 8(5) takes place in relation to the complaint and the outcome of the mediation is accepted by both the complainer and the practitioner;
(ii)a settlement proposed as respects the complaint by the Commission under section 9(2) is accepted as mentioned in section 9(4);
(iii)the Commission makes a determination under section 9(1) upholding the complaint; and
(b)the amount of the levy has not been determined as nil and the Commission does not in accordance with rules made under section 32(1) waive the requirement to pay the levy.
(a)sum due by a practitioner to the Commission under subsection (1);
(b)interest due on any such sum at such rate as may be specified by the Scottish Ministers by order from the date the sum is due under rules made under section 32(1) until it is paid,
may be recovered by it (as a debt) from the practitioner.
(4)If any person who is liable under subsection (1) to pay the complaints levy fails to pay any amount of the levy, or pays any such amount late, the failure or late payment may be treated as professional misconduct or unsatisfactory professional conduct.
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