Regulation of Legal Services (Scotland) Act 2025

72 Obtaining information from practitioners

(1) The 2007 Act is amended as follows.

(2) After section 40A (inserted by section 71), insert—

“40B Obtaining information from practitioners

(1) For the purpose of any its functions mentioned in subsection (2), the Commission may request information from a practitioner about complaints received by the practitioner during the relevant period.

(2) The functions are—

(a) monitoring practice and identifying any trends in practice under section 35(1) or 36(1),

(b) the issuing of guidance under section 40(1) or (2).

(3) The information that may be sought under subsection (1) in relation to each complaint received by the practitioner during the relevant period includes—

(a) the date on which the complaint was received,

(b) a description of the substance of the complaint,

(c) the category of personnel in respect of whom the complaint was made,

(d) the type of services in respect of which the complaint was made,

(e) any action taken by the practitioner, the practitioner’s firm or the employing practitioner (as the case may be) in relation to the complaint,

(f) the date on which the practitioner’s consideration of the complaint concluded,

(g) an explanation of whether the complaint was resolved,

(h) any changes in the working practices of, or processes or systems used by, the practitioner, the practitioner’s firm or the employing practitioner (as the case may be) arising from the complaint.

(4) In subsection (1), the “relevant period”, in relation to a request under that subsection, means the period of 3 years before the day on which the request is made.”.