Legal Profession and Legal Aid (Scotland) Act 2007

1. Introductory Text

2. Part 1 The Scottish Legal Complaints Commission

   1. Establishment

      1. 1. The Scottish Legal Complaints Commission

   2. Conduct or services complaints against practitioners

      1. 2. Receipt of complaints: preliminary steps

      2. 3. Existence of specified regulatory scheme

      3. 4. Complaint not made timeously or made prematurely

      4. 5. Determining nature of complaint

      5. 6. Complaint determined to be conduct complaint

      6. 7. Services complaint: notice

      7. 8. Services complaint: local resolution or mediation

      8. 9. Services complaint: Commission’s duty to investigate and determine

      9. 10. Commission upholds services complaint

      10. 11. Fair and reasonable: matters to be taken into account by Commission

      11. 12. Services complaint: notice where not upheld or upheld

      12. 13. Services complaint: reports

      13. 14. Determination under section 9(1) or taking of steps under section 10(2): effect in relation to proceedings

      14. 15. Complaint appears during mediation or investigation to fall within different category

      15. 16. Power to monitor compliance with directions under section 10(2)

      16. 17. Power to examine documents and demand explanations in connection with conduct or services complaints

      17. 18. Power of Commission to recover certain expenses

      18. 19. Documents and information from third parties

      19. 20. Enforcement of Commission direction under section 10(2)

   3. Appeals

      1. 21. Appeal against Commission decisions

      2. 22. Appeal: supplementary provision

   4. Handling by relevant professional organisations of conduct complaints

      1. 23. Handling by relevant professional organisations of conduct complaints: investigation by Commission

      2. 24. Investigation under section 23: final report and recommendations

      3. 25. Failure to comply with recommendation

      4. 26. Abolition of Scottish legal services ombudsman

   5. Finance

      1. 27. Annual general levy

      2. 28. Complaints levy

      3. 29. Amount of levies and consultation

      4. 30. Grants or loans by the Scottish Ministers

      5. 31. Guarantees

   6. Rules as to Commission’s practice and procedure

      1. 32. Duty of Commission to make rules as to practice and procedure

   7. Forwarding complaints, advice, monitoring etc.

      1. 33. Duty of relevant professional organisations to forward complaints to Commission

      2. 34. Commission’s duty to provide advice

      3. 35. Services complaints: monitoring, reports, protocols and information sharing

      4. 36. Conduct complaints: monitoring, reports, guidance and recommendations

      5. 37. Obtaining of information from relevant professional organisations

      6. 38. Efficient and effective working

      7. 39. Monitoring effectiveness of guarantee funds etc.

      8. 40. How practitioners deal with complaints: best practice notes

   8. Miscellaneous

      1. 41. Power by regulations to amend duties and powers of Commission

      2. 42. Reports: privilege

      3. 43. Restriction upon disclosure of information: Commission

      4. 44. Exemption from liability in damages

      5. 45. Giving of notices etc. under Part 1

      6. 46. Interpretation of Part 1

3. Part 2 Conduct and services complaints etc.: other matters

   1. 47. Conduct complaints: duty of relevant professional organisations to investigate etc.

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

   3. 49. Conduct complaints: financial impropriety

   4. 50. Power of relevant professional organisations to recover certain expenses

   5. 51. Powers in relation to documents and information from third parties

   6. 52. Restriction upon disclosure of information: relevant professional organisations

   7. 53. Unsatisfactory professional conduct: solicitors

   8. 54. Unsatisfactory professional conduct: conveyancing or executry practitioners

   9. 55. Report by Commission to Council under section 10(2)(e)

   10. 56. Powers to fine and award compensation for professional misconduct etc.

   11. 57. Review of and appeal against decisions on remitted conduct complaints: cases other than unsatisfactory professional conduct

4. Part 3 Legal profession: other matters

   1. 58. Constitution of Scottish Solicitors' Discipline Tribunal

   2. 59. Scottish Solicitors Guarantee Fund: borrowing limit

   3. 60. Safeguarding interests of clients

   4. 61. Offence for unqualified persons to prepare certain documents

   5. 62. Notaries public to be practising solicitors

   6. 63. Regulation of notaries public

5. Part 4 Legal aid

   1. 64. Criminal legal aid in solemn proceedings

   2. 65. Criminal legal aid: conditions and reviews

   3. 66. Criminal Legal Assistance Register: removal of name following failure to comply with code

   4. 67. Register of advice organisations: advice and assistance

   5. 68. Scottish Legal Aid Board: grants for certain purposes

   6. 69. Financial limit: advice and assistance

   7. 70. Further provision in relation to the Fund: advice and assistance

   8. 71. Availability of civil legal aid for defamation or verbal injury

   9. 72. Civil legal aid: conditions and reviews

   10. 73. Availability of legal aid: Judicial Committee of the Privy Council

   11. 74. Solicitors employed by the Scottish Legal Aid Board

   12. 75. Contributions, and payments out of property recovered

   13. 76. Regulations under section 36 of the 1986 Act

6. Part 5 General

   1. 77. Advice, services or activities to which Act does not apply

   2. 78. Ancillary provision

   3. 79. Regulations or orders

   4. 80. Interpretation

   5. 81. Minor and consequential modifications

   6. 82. Short title and commencement

7. 1. SCHEDULE 1

      The Scottish Legal Complaints Commission

      1. 1. Status

      2. 2. Membership of the Commission

      3. 3. Terms of appointment etc.

      4. 4. In appointing members, the Scottish Ministers are to have regard...

      5. 5. Removal of members

      6. 6. Disqualification from membership

      7. 7. Remuneration, allowances and pensions for members

      8. 8. Chief executive and other employees

      9. 9. Accountable officer

      10. 10. Procedure

      11. 11. Committees

      12. 12. General powers

      13. 13. Delegation of functions

      14. 14. Location of office

      15. 15. Accounts

      16. 16. Reports

   2. SCHEDULE 2

      Further powers of Commission under section 17 or 37

      1. 1. Where the Commission— (a) gives notice under subsection (1) of...

      2. 2. Where the Commission takes possession of any such documents or...

      3. 3. Before the expiry of the period of 14 days after...

      4. 4. If no application is made to the court under paragraph...

   3. SCHEDULE 3

      Rules as to Commission’s practice and procedure

      1. Provision which must be included

         1. 1. The rules as to the Commission’s practice and procedure made...

      2. Provision which may in particular be included

         1. 2. The rules as to the Commission’s practice and procedure made...

         2. 3. In this schedule— “lawyer member” has the meaning given by...

   4. SCHEDULE 4

      Further powers of relevant professional organisations under section 48

      1. 1. Where a relevant professional organisation gives notice—

      2. 2. Where a relevant professional organisation takes possession of any such...

      3. 3. Before the expiry of the period of 14 days after...

      4. 4. If no application is made to the court under paragraph...

   5. SCHEDULE 5

      Minor and consequential modifications

      1. 1. Solicitors (Scotland) Act 1980 (c. 46)

      2. 2. Legal Aid (Scotland) Act 1986 (c. 47)

      3. 3. Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

      4. 4. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

      5. 5. Freedom of Information (Scotland) Act 2002 (asp 13)

      6. 6. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)