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Regulation of Legal Services (Scotland) Act 2025
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There are currently no known outstanding effects for the Regulation of Legal Services (Scotland) Act 2025, Paragraph 28.
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Previous findings of recordS
28After section 42E of the 1980 Act (powers relating to regulatory complaints) as inserted by this Act insert—
“42FPrevious findings of record
(1)This section applies where the Council are exercising their functions under this Part.
(2)Where a person has been convicted of a criminal offence committed in the United Kingdom—
(a)an extract conviction of the crime bearing to have been issued by an officer whose duties include the issue of extract convictions is conclusive proof of—
(i)the conviction, and
(ii)the findings of fact upon which the conviction is based, and
(b)the only evidence which may be adduced by the person in rebuttal of the conviction is evidence for the purpose of proving that the person is not the person referred to in the extract conviction.
(3)Where the Council have made a finding based upon an extract conviction for a conviction which is subsequently quashed the Council may, on the application of the person who was convicted of the criminal offence, revoke their finding.
(4)The judgment of any civil court in or outside Scotland may be proved by producing a certified copy of the judgment and the findings of fact upon which that judgment was based are admissible as proof but not conclusive proof of those facts.
(5)In this section, “extract conviction” includes a copy of a certificate of conviction issued from any court of justice of the United Kingdom.”.
Commencement Information
I1Sch. 3 para. 28 not in force at Royal Assent, see s. 103(3)
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