Regulation of Legal Services (Scotland) Act 2025

60 Power of Commission to request practitioner’s details in connection with complaints

(1) The 2007 Act is amended as follows.

(2) After section 17, insert—

“17A Power of Commission to request practitioner’s details in connection with complaints

(1) Where the Commission is satisfied that it is necessary to do so in relation to a complaint referred to in section 2(1), 2A(1) or 23(1A) made against a practitioner for a purpose mentioned in subsection (3), the Commission may request that the relevant professional organisation provide any contact details held by the relevant professional organisation relating to—

(a) the practitioner,

(b) the practitioner’s firm,

(c) the employing practitioner,

(d) the person (or persons) holding a specified role (or exercising a specified function) in the practitioner’s firm or the employing practitioner.

(2) The relevant professional organisation must provide any details that are requested under subsection (1) that are held by the relevant professional organisation to the Commission without delay.

(3) The purpose referred to in subsection (1) is for the purpose of—

(a) section 2, 2A, 4, 8, 9, 10, 16, 23 or 24, or

(b) any provision in rules made under section 32(1) but only in so far as the provision in the rules relates to—

(i) the categorisation of complaints, or

(ii) assessment of the eligibility of complaints.

(4) It does not matter for the purpose of a relevant professional organisation’s response under subsection (2) whether, at the time of the response, the practitioner, practitioner’s firm or employing practitioner (as the case may be) continues to be authorised by the organisation to provide legal services.”.