6Complaint determined to be conduct complaintS
[F1(1)This section applies where, or to the extent that, the Commission—
(a)determines under section 2(1A)(a) that a complaint is a conduct complaint, and
(b)proceeds to determine under section 2(4) whether the complaint is frivolous, vexatious or totally without merit and determines that it is none of these things.]
[F2(2)[F3The Commission must]—
(a)remit the complaint to the relevant professional organisation to deal with (and give to the organisation any material which accompanies the conduct complaint);
(b)give notice in writing to the complainer and the practitioner by sending to each of them a copy of the determination [F4under section 2(1A)(a)] and specifying—
(i)the reasons for the determination;
(ii)that the conduct complaint is being remitted under this section for investigation and determination by the relevant professional organisation;
(iii)the relevant professional organisation to which it is being remitted;
(iv)that the relevant professional organisation is under a duty under this Act to deal with the conduct complaint.]
Textual Amendments
F1 S. 6(1) inserted (1.1.2015) by The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232) , regs. 1(2) , 2(5)(a) (with reg. 4 )
F2Words in s. 6 renumbered as s. 6(2) (1.1.2015) by The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232), regs. 1(2), 2(5)(b) (with reg. 4)
F3 Words in s. 6(2) substituted (1.1.2015) by The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232) , regs. 1(2) , 2(5)(c)(i) (with reg. 4 )
F4 Words in s. 6(2) inserted (1.1.2015) by The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232) , regs. 1(2) , 2(5)(c)(ii) (with reg. 4 )