Legal Profession and Legal Aid (Scotland) Act 2007, Section 17 is up to date with all changes known to be in force on or before 17 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, F1... 8, 9, 10, 15 or 16, it may give notice in writing in accordance with subsection (2) to the practitioner, the practitioner's firm or, as the case may be, the employing practitioner.
(2)Notice under subsection (1) may require—
(a)the production or delivery to any person appointed by the Commission, at a time and place specified in the notice, of all documents mentioned in subsection (3) which are in the possession or control of the practitioner, the firm or, as the case may be, the employing practitioner and which relate to the matters to which the complaint relates (whether or not they relate also to other matters);
(b)an explanation, within such period being not less than 21 days as the notice specifies, from the practitioner, the firm or, as the case may be, the employing practitioner regarding the matters to which the complaint relates.
(3)The documents are—
(a)all books, accounts, deeds, securities, papers and other documents in the possession or control of the practitioner, the firm or, as the case may be, the employing practitioner;
(b)all books, accounts, deeds, securities, papers and other documents relating to any trust of which the practitioner is the sole trustee or a co-trustee only with one or more of the practitioner's partners or employees or, as the case may be, where the practitioner is an incorporated practice of which the practice or one of its employees is a sole trustee or it is a co-trustee only with one or more of its employees.
(4)Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, F2... 8, 9, 10 or 15, it may give notice in writing in accordance with subsection (5) to the complainer.
(5)Notice under subsection (4) may require—
(a)the production or delivery to any person appointed by the Commission at a time and place specified in the notice, of all documents mentioned in subsection (6) which are in the possession or control of the complainer and which relate to the matters to which the complaint relates (whether or not they relate to other matters);
(b)an explanation, within such period being not less than 21 days as the notice specifies, from the complainer regarding the matters to which the complaint relates.
(6)The documents are all books, accounts, deeds, securities, papers and other documents in the possession or control of the complainer.
(7)Schedule 2 makes further provision about the powers of the Commission under this section.
Textual Amendments
F1Word in s. 17(1) omitted (1.1.2015) by virtue of The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232), regs. 1(2), 2(12)(a) (with reg. 4)
F2Word in s. 17(4) omitted (1.1.2015) by virtue of The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232), regs. 1(2), 2(12)(b) (with reg. 4)
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