Section 21A Powers of investigationF1

Scotland

(1)

The Council may exercise the power conferred by subsection (3) below for F2the purpose of

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

consideration by the Council whether to exercise the powers conferred on them by section 21 of this Act.

(2)

F4The Tribunal may exercise the power conferred by subsection (3) below for any of the following purposes—

(a)

an inquiry under subsection (2A) of section 20 of this Act; and

(b)

an appeal under subsection F5(8A)(b), (11)(b) or (11ZC) of that section.

(3)

The Council or, as the case may be, the Tribunal may give notice in writing to a practitioner specifying the subject matter of their investigation and requiring either or both of the following—

(a)

the production or delivery to any person appointed by the Council or, as the case may be, the Tribunal, at a time and place specified in the notice, of such documents so specified as are in the possession or control of the practitioner and relate to the subject matter of the investigation;

(b)

an explanation, within such period being not less than 21 days as the notice may specify, from the practitioner regarding the subject matter of the investigation.

(4)

If a practitioner fails to comply with a notice under subsection (3)(a) above, the Council or, as the case may be, the Tribunal may apply to the Court of Session for an order requiring him to produce or deliver the documents to the person appointed at the place specified in the notice within such time as the court may order.

Annotations

Textual amendments

F1: Ss. 21A-21C inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(9); S.S.I. 2003/384, art. 2(d)
F2: Words in s. 21A(1) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(a)(i) (with s. 77); S.S.I. 2008/311, art. 2(i)
F3: S. 21A(1)(a)(b) and word repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(a)(ii) (with s. 77); S.S.I. 2008/311, art. 2(i)
F4: Words in s. 21A(2) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(b)(i) (with s. 77); S.S.I. 2008/311, art. 2(i)
F5: Words in s. 21A(2)(b) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(b)(ii) (with s. 77); S.S.I. 2008/311, art. 2(i)