Explanatory note

Article 2 of the Order provides that complaints about professional misconduct occurring before 1st October 2008 and inadequate professional services in connection with a matter instructed before 1st October 2008 will continue to be made under section 33 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (“the 1990 Act”). Article 2 has effect only in relation to complaints made before 1st October 2010.

Article 3 provides that, as from 1st October 2008, the Commission will have responsibility for the investigation of complaints under section 34(1A) of the 1990 Act.

Article 4 saves the current provisions of the 1980 Act so far as necessary for the complaints process, including appeals and disciplinary proceedings.

Article 5 requires the Commission to include in its annual report information about how it has discharged the functions conferred on it by this Order.

Article 6 gives the Commission access to the records and documents held by the ombudsman for the purpose of carrying out the functions conferred on it by this Order.

Article 7 preserves the maximum limit on compensation which may be recommended in any report made under section 34A of the 1990 Act following the investigation of a relevant complaint.

This Order comes into force on 1st October 2008.

An impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.