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This is the original version (as it was originally enacted).

37Obtaining of information from relevant professional organisations

This section has no associated Explanatory Notes

(1)The Commission may require any relevant professional organisation to—

(a)provide it with such information, being information which is within the knowledge of the organisation, as the Commission considers relevant for any of the purposes of section 23, 24 or 36;

(b)to produce to it such documents, being documents which are within the possession or control of the organisation, as the Commission considers relevant for any of those purposes.

(2)The information required to be provided or the documents required to be produced under subsection (1) may include information or, as the case may be, documents obtained by the relevant professional organisation from a practitioner while investigating a conduct complaint against the practitioner remitted to it under section 6(a) or 15(5)(a); and the organisation must comply with such a requirement.

(3)Where any information required by the Commission under subsection (1) is not within the knowledge of the relevant professional organisation, or any documents required to be produced under that subsection are not within the possession or control of the organisation, the Commission may require the practitioner concerned—

(a)to provide it with that information in so far as it is within the knowledge of the practitioner;

(b)to produce to it those documents if they are within the practitioner’s possession or control.

(4)Schedule 2 makes further provision about the powers of the Commission under this section.

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