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Legal Profession and Legal Aid (Scotland) Act (asp 5) which received Royal Assent on 19 January 2007

Schedule 3—Rules as to Commission’s practice and procedure

226.Schedule 3 sets out certain matters relating to practice and procedure which are to be included in the Commission’s rules and also gives particular examples of other matters which may be included in them. Mandatory rules include such rules to cover procedures about the making and eligibility of complaints; the handling of complaints, including procedure for proposed settlements and membership of determination committees; the giving of reasons for determinations, directions, decisions or recommendations; the charging of interest on late payments of the annual general levy or complaints levy; and meetings procedures for the Commission and its committees (subject to schedule 1). Particular examples of other matters which may be included in the rules include time limits for the making of complaints, and the extension of such limits; the effect of procedural defects in the light of the interests of fairness; the circumstances in which the Commission may rely on the findings in fact of another body or its own previous findings in fact; the collection and recovery of the annual general levy from the relevant professional organisation and from practitioners of any complaints levy due by them; the circumstances in which any portion of annual general levy may be waived or refunded or complaints levy waived; and the calculation and notification of the total amount of the annual general levy of each professional organisation is to collect in respect of each financial year.

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Text created by the Scottish Government 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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