Regulation of Legal Services (Scotland) Act 2025 (asp 8)

Schedule 3 Minor and consequential modifications of enactments

Part 2 Modification of the 1980 Act in relation to complaints

Procedure relating to complaints

11 After section 42C (powers to examine documents and demand explanations in connection with complaints) of the 1980 Act insert—

“42D Procedure relating to complaints

(1) The Council must make rules as to the procedure for—

(a) making a decision under section 47(1A)(a) of the 2007 Act to discontinue an investigation of a conduct complaint,

(b) making a decision under section 47(1A)(b) of that Act to reinstate a discontinued investigation of a conduct complaint,

(c) making a proposed settlement under section 42ZA(1A) or 42E(1),

(d) accepting a proposed settlement under section 42ZA(1B) or 42E(2),

(e) making a decision under section 52A(2)(a) of the 2007 Act to discontinue an investigation of a regulatory complaint,

(f) making a decision under section 52A(2)(b) of that Act to reinstate a discontinued investigation of a regulatory complaint.

(2) Before making any rules under this section, the Council must—

(a) send to each member of the Society a draft of the rules,

(b) after sending the rules under paragraph (a), submit the draft rules to a meeting of the Society, and

(c) take into consideration any resolution passed at that meeting relating to amendments to the draft rules.

(3) Rules made under this section will not have effect unless the Lord President, after considering any objections the Lord President thinks relevant, has approved the rules so made.”.