Section 42 Reports: privilege

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 42 words substituted by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 16(13)(b)
s. 42 words repealed by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 16(13)(c)
s. 42 word inserted by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 16(13)(d)
s. 42 word substituted by Regulation of Legal Services (Scotland) Act 2025 sch. 3 para. 16(13)(e)

For the purposes of the law of defamation, the publication of any report under section 13(1), 23(8), 24, 35(2), 36(2) or paragraph 16 of schedule 1 is privileged unless the publication is proved to be made with malice.

Notes on Part 1

Modifications

C1: Pt. 1 applied (with modifications) (2.7.2012) by The Licensed Legal Services (Complaints and Compensation Arrangements) (Scotland) Regulations 2012 (S.S.I. 2012/153), regs. 1(1), 2