Regulation of Legal Services (Scotland) Act 2025

62 Handling complaints

(1) The 2007 Act is amended as follows.

(2) In section 23 (handling by relevant professional organisations of conduct complaints: investigation by Commission)—

(a) the title of the section becomes “Handling by relevant professional organisations of conduct or regulatory complaints: investigation by Commission”,

(b) for subsection (1A) substitute—

“(1A) In this Act, a “handling complaint” means—

(a) a complaint which—

(i) relates to the manner in which a conduct complaint has been dealt with by a relevant professional organisation to which it has been remitted under section 6(2) (or is treated under section 33A(2) as if it were remitted under section 6(2)), and

(ii) is made—

(A) by or on behalf of the person by whom or on whose behalf the conduct complaint was made, or

(B) by the practitioner concerned in the conduct complaint, or

(b) a complaint which—

(i) relates to the manner in which a regulatory complaint has been dealt with by the relevant professional organisation to which it has been remitted under section 7A(2) (or is treated under section 33B(2) as if it were remitted under section 7A(2)), and

(ii) is made—

(A) by or on behalf of the person by whom or on whose behalf the regulatory complaint was made, or

(B) by the authorised legal business concerned in the regulatory complaint.”,

(c) subsections (3) and (6) are repealed,

(d) in subsection (4), in paragraph (a), after “conduct complaint” insert “or regulatory complaint”,

(e) after subsection (4) insert—

“(4A) But paragraph (b) of subsection (4) does not apply where the Commission considers that there are exceptional circumstances justifying its investigation of a handling complaint that is made after the expiry of the 6 month period referred to in that paragraph.”,

(f) subsections (8) and (10) are repealed.

(3) In section 24 (investigation under section 23: final report and recommendations)—

(a) in subsection (1)(b)(ia), after “conduct complaint” insert “or regulatory complaint”,

(b) in subsection (2)—

(i) in paragraph (a), after “conduct complaint” insert “or regulatory complaint”,

(ii) in paragraph (b), after “conduct complaint” insert “or regulatory complaint”,

(iii) in paragraph (c), after “conduct complaint” insert “or regulatory complaint”,

(iv) in paragraph (e), after “conduct complaint” insert “or regulatory complaint”,

(v) in paragraph (f), before “cost”, in both places where it occurs, insert “administrative”,

(c) in subsection (5)—

(i) after “conduct complaint” insert “or regulatory complaint”,

(ii) for the words from “of—” to the end of the subsection, substitute “whether it will comply with the recommendation within 3 months and, if not, the reason why not.”,

(d) in subsection (6)—

(i) in paragraph (a)—

(A) for “has decided not to” substitute “will not”,

(B) the word “wholly” is repealed,

(ii) in paragraph (b)—

(A) the word “wholly” is repealed,

(B) for “before the end of the period of” substitute “within”,

(C) the words from “beginning” to the end of paragraph (b) are repealed,

(iii) in the closing words, for “if the Commission thinks fit” substitute “within such period as it may specify in the direction”,

(e) in subsection (6A)—

(i) for “considers” substitute “notifies the Commission”,

(ii) the word “wholly” is repealed,

(f) in subsection (6B)(b), after “conduct complaint” insert “or regulatory complaint”,

(g) after subsection (8) insert—

“(9) In this section, “within 3 months”, in relation to a recommendation included in a report sent to a relevant professional organisation under this section, means before the end of the period of 3 months beginning with the day on which the report was sent to the organisation.

(10) In this section and schedule 3, “the other party to the conduct complaint or regulatory complaint to which the handling complaint relates” is in the case of a handling complaint made in accordance with—

(a) paragraph (a)(ii)(A) of section 23(1A), the practitioner concerned in the conduct complaint to which the handling complaint relates,

(b) paragraph (b)(ii)(A) of section 23(1A), the authorised legal business concerned in the regulatory complaint to which the handling complaint relates,

(c) paragraph (a)(ii)(B) or (b)(ii)(B) of section 23(1A), the complainer in the conduct complaint or regulatory complaint to which the handling complaint relates.”.