Regulation of Legal Services (Scotland) Act 2025

53 Commission process relating to complaints

(1) The 2007 Act is amended as follows.

(2) In section 6 (complaint determined to be conduct complaint)—

(a) for subsection (1), substitute—

“(1) This section applies where the Commission determines that a complaint referred to in section 2(1) or 2A(1) is—

(a) wholly a conduct complaint, or

(b) includes one or more elements constituting a conduct complaint.”,

(b) in subsection (2)—

(i) in paragraph (a), after “complaint” where it first occurs insert “(or the part of the complaint constituting a conduct complaint)”,

(ii) paragraph (b) is repealed,

(c) after subsection (2), insert—

“(3) It does not matter for the purpose of subsection (1) (and the application of this section) whether the Commission’s determination mentioned in that subsection follows its earlier determination that the complaint is a services complaint (to any extent) and, having investigated the complaint, the Commission subsequently determines that it is instead a conduct complaint (to any extent).”.

(3) Section 7 (services complaint: notice) is repealed.

(4) In section 8 (services complaint: local resolution or mediation)—

(a) for subsection (1), substitute—

“(1) Subsection (2) applies where the Commission determines that a complaint referred to in section 2(1) that is made by or on behalf of a person referred to in section 2(2)(b)(i)—

(a) constitutes (in whole or in part) a services complaint, and

(b) either—

(i) the complaint has been made prematurely (within the meaning of section 4(4)), or

(ii) the practitioner, the practitioner’s firm or the employing practitioner has made no attempt, or an insufficient attempt, to achieve a negotiated settlement with the complainer.”,

(b) in subsection (2)—

(i) the words from “Where” to the end of paragraph (b) are repealed, and

(ii) for “such a settlement” substitute “a negotiated settlement with the complainer”.

(5) In section 9 (services complaint: Commission’s duty to investigate and determine), in subsection (2), for “must” substitute “may”.

(6) Section 9A (services complaint: further provision) is repealed.

(7) Section 12 (services complaint: notice where not upheld or upheld) is repealed.

(8) Section 13 (services complaint: reports) is repealed.

(9) Section 15 (complaint appears during mediation or investigation to fall within different category) is repealed.

(10) Section 45 (giving of notices etc. under Part 1) is repealed.