Legal Profession and Legal Aid (Scotland) Act 2007

2007 asp 5 · Enacted 19 January 2007 · Extends to Scotland

Contents

1. Part 1: The Scottish Legal Complaints Commission
2. Establishment
3. 1The Scottish Legal Complaints Commission
4. Conduct or services complaints against practitioners
5. 2Receipt of complaints: preliminary steps
6. 3Existence of specified regulatory scheme
7. 4Complaint not made timeously or made prematurely
8. 5Determining nature of complaint Repealed
9. 6Complaint determined to be conduct complaint
10. 7Services complaint: notice
11. 8Services complaint: local resolution or mediation
12. 9Services complaint: Commission's duty to investigate and determine
13. 9AServices complaint: further provision
14. 10Commission upholds services complaint
15. 11Fair and reasonable: matters to be taken into account by Commission
16. 12Services complaint: notice where not upheld or upheld
17. 13Services complaint: reports
18. 14Determination under section 9(1) or taking of steps under section 10(2): effect in relation to proceedings
19. 15Complaint appears during mediation or investigation to fall within different category
20. 16Power to monitor compliance with directions under section 10(2)
21. 17Power to examine documents and demand explanations in connection with conduct or services complaints
22. 18Power of Commission to recover certain expenses
23. 19Documents and information from third parties
24. 20Enforcement of Commission direction under section 10(2)
25. Appeals
26. 21Appeal against Commission decisions
27. 22Appeal: supplementary provision
28. Handling by relevant professional organisations of conduct complaints
29. 23Handling by relevant professional organisations of conduct complaints: investigation by Commission
30. 24Investigation under section 23: final report and recommendations
31. 25Failure to comply with recommendation
32. 26Abolition of Scottish legal services ombudsman
33. Finance
34. 27Annual general levy
35. 28Complaints levy
36. 29Amount of levies and consultation
37. 30Grants or loans by the Scottish Ministers
38. 31Guarantees
39. Rules as to Commission's practice and procedure
40. 32Duty of Commission to make rules as to practice and procedure
41. Forwarding complaints, advice, monitoring etc.
42. 33Duty of relevant professional organisations to forward complaints to Commission
43. 34Commission's duty to provide advice
44. 35Services complaints: monitoring, reports, protocols and information sharing
45. 36Conduct complaints: monitoring, reports, guidance and recommendations
46. 37Obtaining of information from relevant professional organisations
47. 38Efficient and effective working
48. 39Monitoring effectiveness of guarantee funds etc.
49. 40How practitioners deal with complaints: best practice notes
50. Miscellaneous
51. 41Power by regulations to amend duties and powers of Commission
52. 42Reports: privilege
53. 43Restriction upon disclosure of information: Commission
54. 44Exemption from liability in damages
55. 45Giving of notices etc. under Part 1
56. 46Interpretation of Part 1
57. Part 2: Conduct and services complaints etc.: other matters
58. 47Conduct complaints: duty of relevant professional organisations to investigate etc.
59. 48Conduct complaints and reviews: power of relevant professional organisations to examine documents and demand explanations
60. 49Conduct complaints: financial impropriety
61. 50Power of relevant professional organisations to recover certain expenses
62. 51Powers in relation to documents and information from third parties
63. 52Restriction upon disclosure of information: relevant professional organisations
64. 53Unsatisfactory professional conduct: solicitors
65. 54Unsatisfactory professional conduct: conveyancing or executry practitioners
66. 55Report by Commission to Council under section 10(2)(e)
67. 56Powers to fine and award compensation for professional misconduct etc.
68. 57Review of and appeal against decisions on remitted conduct complaints: cases other than unsatisfactory professional conduct
69. Part 2A: Special provision for licensed providers
70. 57AComplaints about licensed providers
71. 57BRegulatory complaints
72. 57CLevy, advice and guidance
73. 57DRecovery of levy
74. 57EHandling complaints
75. 57FEffectiveness of compensation fund
76. 57GInterpretation of Part 2A
77. Part 2B: Special provision for confirmation agents and will writers
78. 57HComplaints about agents and writers
79. 57IHandling complaints
80. 57JLevy payable
81. 57KRecovery of levy
82. 57LInterpretation of Part 2B
83. Part 3: Legal profession: other matters
84. 58Constitution of Scottish Solicitors' Discipline Tribunal
85. 59Scottish Solicitors Guarantee Fund: borrowing limit
86. 60Safeguarding interests of clients
87. 61Offence for unqualified persons to prepare certain documents
88. 62Notaries public to be practising solicitors
89. 63Regulation of notaries public
90. Part 4: Legal aid
91. 64Criminal legal aid in solemn proceedings
92. 65Criminal legal aid: conditions and reviews
93. 66Criminal Legal Assistance Register: removal of name following failure to comply with code
94. 67Register of advice organisations: advice and assistance
95. 68Scottish Legal Aid Board: grants for certain purposes
96. 69Financial limit: advice and assistance
97. 70Further provision in relation to the Fund: advice and assistance Not yet in force
98. 71Availability of civil legal aid for defamation or verbal injury
99. 72Civil legal aid: conditions and reviews
100. 73Availability of legal aid: Judicial Committee of the Privy Council
101. 74Solicitors employed by the Scottish Legal Aid Board
102. 75Contributions, and payments out of property recovered Not yet in force
103. 76Regulations under section 36 of the 1986 Act
104. Part 5: General
105. 77Advice, services or activities to which Act does not apply Repealed
106. 78Ancillary provision
107. 79Regulations or orders
108. 80Interpretation
109. 81Minor and consequential modifications
110. 82Short title and commencement
111. Schedule 1: The Scottish Legal Complaints Commission
112. Status
113. 1Paragraph 1
114. Membership of the Commission
115. 2Paragraph 2
116. Terms of appointment etc.
117. 3Paragraph 3
118. 4Paragraph 4
119. Removal of members
120. 5Paragraph 5
121. Disqualification from membership
122. 6Paragraph 6
123. Remuneration, allowances and pensions for members
124. 7Paragraph 7
125. Chief executive and other employees
126. 8Paragraph 8
127. Accountable officer
128. 9Paragraph 9
129. Procedure
130. 10Paragraph 10
131. Committees
132. 11Paragraph 11
133. 11AParagraph 11A
134. General powers
135. 12Paragraph 12
136. Delegation of functions
137. 13Paragraph 13
138. Location of office
139. 14Paragraph 14
140. Accounts
141. 15Paragraph 15
142. Reports
143. 16Paragraph 16
144. Schedule 2: Further powers of Commission under section 17 or 37
145. 1Paragraph 1
146. 2Paragraph 2
147. 3Paragraph 3
148. 4Paragraph 4
149. Schedule 3: Rules as to Commission's practice and procedure
150. Provision which must be included
151. 1Paragraph 1
152. Provision which may in particular be included
153. 2Paragraph 2
154. 3Paragraph 3
155. Schedule 4: Further powers of relevant professional organisations under section 48
156. 1Paragraph 1
157. 2Paragraph 2
158. 3Paragraph 3
159. 4Paragraph 4
160. Schedule 5: Minor and consequential modifications
161. Solicitors (Scotland) Act 1980 (c. 46)
162. 1Paragraph 1
163. Legal Aid (Scotland) Act 1986 (c. 47)
164. 2Paragraph 2
165. Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
166. 3Paragraph 3
167. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
168. 4Paragraph 4
169. Freedom of Information (Scotland) Act 2002 (asp 13)
170. 5Paragraph 5
171. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
172. 6Paragraph 6