Part 1The Scottish Legal Complaints Commission

Conduct or services complaints against practitioners

6Complaint determined to be conduct complaint

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.