Regulation of Legal Services (Scotland) Act 2025

67 Conduct or regulatory complaint appears to relevant professional organisation during investigation to be services complaint

(1) The 2007 Act is amended as follows.

(2) In section 33 (duty of relevant professional organisations to forward complaints to Commission), after subsection (3) insert—

“(4) Subsection (5) applies where a relevant professional organisation at any time during its investigation in relation to—

(a) a conduct complaint remitted to it under section 6(2) (or treated as such by virtue of section 33A(2)), or

(b) a regulatory complaint remitted to it under section 7A(2) (or treated as such by virtue of section 33B(2)),

considers that it is reasonably likely that the complaint (or any element of it) may instead constitute a services complaint.

(5) The relevant professional organisation must—

(a) suspend the investigation,

(b) consult, co-operate and liaise with the Commission as respects the matter,

(c) send the complaint and any material which relates to it and which is in the organisation's possession to the Commission, and

(d) give notice in writing to the complainer and the practitioner that it considers the complaint (or an element of it) to be a services complaint and that it is sending the complaint to the Commission.”.