Prospective
(1)The 2007 Act is amended as follows.
(2)After section 20, insert—
(1)A person mentioned in subsection (2) may make an application for a review of a decision by the Commission in relation to a complaint that is mentioned in subsection (3).
(2)The persons are—
(a)the complainer,
(b)the practitioner to whom the complaint relates,
(c)the practitioner’s firm,
(d)the employing practitioner,
(e)the relevant professional organisation.
(3)The decisions are—
(a)a decision by the Commission that a complaint referred to in section 2(1) is not an eligible complaint in accordance with any provision in rules made under section 32(1),
(b)a decision to discontinue the investigation of a services complaint in accordance with section 9(1A)(a),
(c)a decision to reinstate the investigation of a services complaint in accordance with section 9(1A)(b),
(d)a determination under section 9(1) to uphold a services complaint,
(e)a determination under section 9(1) to not uphold a services complaint,
(f)a decision to discontinue the investigation of a services complaint (and not to determine it under section 9(1)) in accordance with section 9(5),
(g)a decision not to initiate the investigation of a services complaint (and not to determine it under section 9(1)) in accordance with section 9(6)(a),
(h)a decision to discontinue the investigation of a services complaint (and not to determine it under section 9(1)) in accordance with section 9(6)(b),
(i)a decision to take any of the steps mentioned in section 10(2) other than—
(i)a direction to the practitioner or the employing practitioner (as the case may be) to pay compensation to the complainer, or
(ii)a decision as to the amount of such compensation to be paid under the direction.
(4)Subject to subsection (5), an application for review must be made before the expiry of the period of 28 days beginning with the day on which notice of the decision was given to the complainer and the practitioner.
(5)The review committee may decide that it may consider an application for a review of a decision under subsection (1) that is made after the expiry of the period referred to in subsection (4) if it considers that to be appropriate.
(6)Following a review, the review committee may make such decision as it considers appropriate (including a decision that substitutes its own decision for the decision to which the application for review relates).
(7)Where a decision of the review committee upholds a services complaint or confirms a determination under section 9(1) to uphold a services complaint, the review committee may direct that such of the steps mentioned in section 10(2) as it considers fair and reasonable in the circumstances be taken.
(8)A decision of the review committee under this section is final.”.
(3)The following provisions are repealed—
(a)section 21 (appeal against Commission decisions) (and the italic heading before it),
(b)section 22 (appeal: supplementary provision).
(4)In schedule 1 (the Scottish Legal Complaints Commission)—
(a)in paragraph 10 (procedure), in sub-paragraph (2), for “determination” substitute “review”,
(b)in paragraph 11 (committees)—
(i)in sub-paragraph (1)(a), for “determination”, in both places where it occurs, substitute “review”,
(ii)in sub-paragraph (3), for “determination” substitute “review”,
(c)in paragraph 13 (delegation of functions), for sub-paragraph (2)(d), substitute—
“(d)the function of considering an application for review of a decision of the Commission under section 20A(1) to be exercised only by the review committee, but a review in respect of any of the following decisions may be taken by a single member of the review committee—
(i)a decision by the Commission that a complaint referred to in section 2(1) is not an eligible complaint in accordance with any provision in rules made under section 32(1),
(ii)a decision to reinstate the investigation of a services complaint in accordance with section 9(1A)(b).”.
Commencement Information
I1S. 58 not in force at Royal Assent, see s. 103(3)