Regulation of Legal Services (Scotland) Act 2025

68 Conduct complaints: consideration by relevant professional organisations

(1) The 2007 Act is amended as follows.

(2) In section 47 (conduct complaints: duty of relevant professional organisations to investigate etc.)—

(a) after subsection (1) insert—

“(1A) The relevant professional organisation may decide—

(a) to discontinue the investigation of a conduct complaint,

(b) to reinstate the investigation of a discontinued conduct complaint,

but only if the organisation considers that this is in the public interest.

(1B) As soon as practicable after making a decision under subsection (1A), the relevant professional organisation must give notice in writing of its decision to the complainer, the practitioner and the Commission by—

(a) sending them a copy of the decision, and

(b) specifying the reason for the decision.

(1C) In addition, notice under subsection (1B) given to the complainer or the practitioner, must also give them information about any—

(a) right of appeal, and

(b) ability to make a handling complaint to the Commission.”,

(b) in subsection (2)—

(i) in the opening words, for “and the practitioner” substitute “, the practitioner and the Commission”,

(ii) in paragraph (a), for “the facts” substitute “any facts”,

(iii) in paragraph (b), after “action” insert “(if any)”,

(iv) after paragraph (b), insert—

“(c) if the organisation does not propose to take, or has not taken, any action in the matter, an explanation of why this is the case.”,

(c) after subsection (2), insert—

“(2A) The relevant professional organisation must, in considering what action (if any) to take as mentioned in subsection (2)(b), take into account any decision taken by the Commission in respect of a services complaint against the practitioner where the services complaint arises from the same matter to which the conduct complaint relates.

(2B) A relevant professional organisation may proceed to investigate and make a written report in relation to a conduct complaint remitted to it as mentioned in subsection (1) even if the complainer withdraws the complaint (and in such case the conduct complaint is to be treated for the purposes of Part 1 and this Part as having been made by the relevant professional organisation).”.