Prospective

Part 3 S Complaints

78 Faculty of Advocates: complaint of professional misconduct and publication of decision S

(1) The 2010 Act is amended as follows.

(2) In section 122 (Faculty of Advocates: particular rules), after subsection (4) insert—

“(5) Rules regulating the discipline of advocates must—

(a) require publication of a decision relating to a conduct complaint suggesting professional misconduct of an advocate that is remitted by the Scottish Legal Complaints Commission to the Faculty (or is treated as having been so remitted by virtue of section 33A(2) of the 2007 Act),

(b) require such a decision to include—

(i) detail of the facts established,

(ii) a statement of reasons for the making of the decision, and

(iii) where the complaint is upheld, information about any penalty imposed,

(c) where such a complaint is upheld, allow the Faculty to omit any information from the published decision which the Faculty considers would be likely to damage the interests of persons other than—

(i) the advocate against whom the complaint is made, or

(ii) the advocate’s partner or family,

but subject to the Faculty publishing its reasons for any such omission,

(d) where such a complaint is not upheld, allow the Faculty to omit the name of the advocate against whom the complaint is made from the published decision where it considers that to be appropriate.”.

Commencement Information

I1 S. 78 not in force at Royal Assent, see s. 103(3)