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(1)Where the Commission proceeds to determine under section 2(4) whether a complaint is frivolous, vexatious or totally without merit and determines that it is none of these things, it must determine whether the complaint constitutes—
(a)a conduct complaint;
(b)a services complaint,
including whether (and if so to what extent) the complaint constitutes separate complaints falling within more than one of these categories and if so which of the categories.
(2)Where it appears to the Commission that the complaint may constitute both—
(a)a conduct complaint; and
(b)a separate services complaint,
it must consult, co-operate and liaise with the relevant professional organisation and have regard to any views expressed by the organisation on the matter before making a determination under subsection (1) as respects the complaint.
(3)A relevant professional organisation must co-operate and liaise with the Commission in relation to subsection (2).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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