Legal Profession and Legal Aid (Scotland) Act 2007

[F157BRegulatory complaintsS

This section has no associated Explanatory Notes

(1)There is an additional type of complaint which applies only in relation to licensed providers (a “regulatory complaint”).

(2)A regulatory complaint is where any person suggests that a licensed provider is failing (or has failed) to—

(a)have regard to the regulatory objectives,

(b)adhere to the professional principles,

(c)comply with—

(i)its approved regulator's regulatory scheme,

(ii)the terms and conditions of its licence.

(3)In relation to a regulatory complaint about a licensed provider, its approved regulator is to be regarded as the relevant professional organisation.

(4)The procedure in respect of a regulatory complaint is (by virtue of section 57A(4)(b)) the same as it would be for a conduct complaint about a licensed provider, subject to such modification as to that procedure as is made under section 57A(2)(b).

(5)The Commission and the approved regulator have (by virtue of section 57A(4)(b)) the same functions in relation to a regulatory complaint as they would have in relation to a conduct complaint about a licensed provider, subject to such modification as to those functions as is made under section 57A(2)(b).]

Textual Amendments

F1Pt. 2A inserted (1.4.2011 for specified purposes, 2.7.2012 in so far as not already in force) by Legal Services (Scotland) Act 2010 (asp 16), ss. 81, 150(2) (with ss. 30(3), 60(3), 89, 121(5), 124(3)); S.S.I. 2011/180, art. 3, Sch.; S.S.I. 2012/152, art. 2, Sch. (with art. 3)