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This is the original version (as it was originally enacted).

48Conduct complaints and reviews: power of relevant professional organisations to examine documents and demand explanations

This section has no associated Explanatory Notes

(1)Where a relevant professional organisation is satisfied that it is necessary for it to do so for the purposes of an investigation by it into a conduct complaint under section 47 or a review by it of a decision in relation to a conduct complaint, it may—

(a)give notice in writing in accordance with subsection (2) to the practitioner, the practitioner’s firm or, as the case may be, the employing practitioner;

(b)give notice in writing in accordance with subsection (4) to the complainer.

(2)Notice under subsection (1)(a) may require—

(a)the production or delivery to any person appointed by the relevant professional organisation, at a time and place specified in the notice, of all documents mentioned in subsection (3) which are in the possession or control of the practitioner, the firm or, as the case may be, the employing practitioner and which relate to the matters to which the complaint relates (whether or not they relate also to other matters);

(b)an explanation, within such period being not less than 21 days as the notice specifies, from the practitioner, the firm or, as the case may be, the employing practitioner regarding the matters to which the complaint relates.

(3)The documents are—

(a)all books, accounts, deeds, securities, papers and other documents in the possession or control of the practitioner, the firm or, as the case may be, the employing practitioner;

(b)all books, accounts, deeds, securities, papers and other documents relating to any trust of which the practitioner is the sole trustee or a co-trustee only with one or more of the practitioner’s partners or employees or, as the case may be, where the practitioner is an incorporated practice of which the practice or one of its employees is a sole trustee or it is a co-trustee only with one or more of its employees.

(4)Notice under subsection (1)(b) may require—

(a)the production or delivery to any person appointed by the relevant professional organisation at a time and place specified in the notice, of all documents mentioned in subsection (5) which relate to the matters to which the complaint relates (whether or not they relate to other matters);

(b)an explanation, within such period being not less than 21 days as the notice specifies, from the complainer regarding the matters to which the complaint relates.

(5)The documents are all books, accounts, deeds, securities, papers and other documents in the possession or control of the complainer.

(6)Schedule 4 makes further provision about the powers of a relevant professional organisation under this section.

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