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Explanatory Note

(This note is not part of the Order)

This Order brings into force on 23rd November 2007 various provision of the Legal Profession and Legal Aid (Scotland) Act 2007 (“the Act”).

Article 2(a) and (d) commences section 1 (in part) and various paragraphs of schedule 1 (the Scottish Legal Complaints Commission (“the Commission”)) of the Act. Section 1 introduces schedule 1 and is commenced only for the purposes of the remaining paragraphs of schedule 1 that are being commenced. These provide for the appointment of a Chief Executive of the Commission and of other staff. The Chief Executive is to be the accountable officer for the Commission. Provision is made for the procedure of the Commission, for the establishment of committees, for its general powers and for delegation of functions. The Commission must keep proper accounts (to be audited by the Auditor General for Scotland) and publish an Annual Report which is to be laid before Parliament by the Scottish Ministers.

Article 2(b) commences a number of sections.

Article 2(c) and (f) commences section 81 (in part) and paragraphs 1(15) and (16) and 6 of schedule 5 (minor and consequential modifications) to the Act.

Section 81 introduces schedule 5 and is commenced only for the purposes of paragraph 1(15) and (16) and paragraph 6. Paragraph 1(15) and (16) makes minor amendments to provisions of the Solicitors (Scotland) Act 1980 regarding the safeguarding of clients interests. Paragraph 6 amends the Public Appointments and Public Bodies etc. (Scotland) Act 2003 to add the Commission to the list of specified authorities in schedule 2 to that Act. The effect is that the Commission will fall within the remit of the Office of the Public Appointments Commissioner for Scotland.