Legal Profession and Legal Aid (Scotland) Act 2007
Legal Profession and Legal Aid (Scotland) Act 2007 (2007 asp 5)
- Legal Profession and Legal Aid (Scotland) Act 2007 (2007 asp 5)
- Part 1 The Scottish Legal Complaints Commission
- Establishment
- 1 The Scottish Legal Complaints Commission
- Conduct or services complaints against practitioners
- 2 Receipt of complaints: preliminary steps
- 3 Existence of specified regulatory scheme
- 4 Complaint not made timeously or made prematurely
- 5 Determining nature of complaint
- 6 Complaint determined to be conduct complaint
- 7 Services complaint: notice
- 8 Services complaint: local resolution or mediation
- 9 Services complaint: Commission's duty to investigate and determine
- 9A Services complaint: further provision
- 10 Commission upholds services complaint
- 11 Fair and reasonable: matters to be taken into account by Commission
- 12 Services complaint: notice where not upheld or upheld
- 13 Services complaint: reports
- 14 Determination under section 9(1) or taking of steps under section 10(2): effect in relation to proceedings
- 15 Complaint appears during mediation or investigation to fall within different category
- 16 Power to monitor compliance with directions under section 10(2)
- 17 Power to examine documents and demand explanations in connection with conduct or services complaints
- 18 Power of Commission to recover certain expenses
- 19 Documents and information from third parties
- 20 Enforcement of Commission direction under section 10(2)
- Appeals
- 21 Appeal against Commission decisions
- 22 Appeal: supplementary provision
- Handling by relevant professional organisations of conduct complaints
- 23 Handling by relevant professional organisations of conduct complaints: investigation by Commission
- 24 Investigation under section 23: final report and recommendations
- 25 Failure to comply with recommendation
- 26 Abolition of Scottish legal services ombudsman
- Finance
- 27 Annual general levy
- 28 Complaints levy
- 29 Amount of levies and consultation
- 30 Grants or loans by the Scottish Ministers
- 31 Guarantees
- Rules as to Commission's practice and procedure
- 32 Duty of Commission to make rules as to practice and procedure
- Forwarding complaints, advice, monitoring etc.
- 33 Duty of relevant professional organisations to forward complaints to Commission
- 34 Commission's duty to provide advice
- 35 Services complaints: monitoring, reports, protocols and information sharing
- 36 Conduct complaints: monitoring, reports, guidance and recommendations
- 37 Obtaining of information from relevant professional organisations
- 38 Efficient and effective working
- 39 Monitoring effectiveness of guarantee funds etc.
- 40 How practitioners deal with complaints: best practice notes
- Miscellaneous
- 41 Power by regulations to amend duties and powers of Commission
- 42 Reports: privilege
- 43 Restriction upon disclosure of information: Commission
- 44 Exemption from liability in damages
- 45 Giving of notices etc. under Part 1
- 46 Interpretation of Part 1
- Part 2 Conduct and services complaints etc.: other matters
- 47 Conduct complaints: duty of relevant professional organisations to investigate etc.
- 48 Conduct complaints and reviews: power of relevant professional organisations to examine documents and demand explanations
- 49 Conduct complaints: financial impropriety
- 50 Power of relevant professional organisations to recover certain expenses
- 51 Powers in relation to documents and information from third parties
- 52 Restriction upon disclosure of information: relevant professional organisations
- 53 Unsatisfactory professional conduct: solicitors
- 54 Unsatisfactory professional conduct: conveyancing or executry practitioners
- 55 Report by Commission to Council under section 10(2)(e)
- 56 Powers to fine and award compensation for professional misconduct etc.
- 57 Review of and appeal against decisions on remitted conduct complaints: cases other than unsatisfactory professional conduct
- Part 2A Special provision for licensed providers
- 57A Complaints about licensed providers
- 57B Regulatory complaints
- 57C Levy, advice and guidance
- 57D Recovery of levy
- 57E Handling complaints
- 57F Effectiveness of compensation fund
- 57G Interpretation of Part 2A
- Part 2B Special provision for confirmation agents and will writers
- 57H Complaints about agents and writers
- 57I Handling complaints
- 57J Levy payable
- 57K Recovery of levy
- 57L Interpretation of Part 2B
- Part 3 Legal profession: other matters
- 58 Constitution of Scottish Solicitors' Discipline Tribunal
- 59 Scottish Solicitors Guarantee Fund: borrowing limit
- 60 Safeguarding interests of clients
- 61 Offence for unqualified persons to prepare certain documents
- 62 Notaries public to be practising solicitors
- 63 Regulation of notaries public
- Part 4 Legal aid
- 64 Criminal legal aid in solemn proceedings
- 65 Criminal legal aid: conditions and reviews
- 66 Criminal Legal Assistance Register: removal of name following failure to comply with code
- 67 Register of advice organisations: advice and assistance
- 68 Scottish Legal Aid Board: grants for certain purposes
- 69 Financial limit: advice and assistance
- 70 Further provision in relation to the Fund: advice and assistance
- 71 Availability of civil legal aid for defamation or verbal injury
- 72 Civil legal aid: conditions and reviews
- 73 Availability of legal aid: Judicial Committee of the Privy Council
- 74 Solicitors employed by the Scottish Legal Aid Board
- 75 Contributions, and payments out of property recovered
- 76 Regulations under section 36 of the 1986 Act
- Part 5 General
- 77 Advice, services or activities to which Act does not apply
- 78 Ancillary provision
- 79 Regulations or orders
- 80 Interpretation
- 81 Minor and consequential modifications
- 82 Short title and commencement
- SCHEDULE 1 The Scottish Legal Complaints Commission
- Status
- Membership of the Commission
- Terms of appointment etc.
- Removal of members
- Disqualification from membership
- Remuneration, allowances and pensions for members
- Chief executive and other employees
- Accountable officer
- Procedure
- Committees
- General powers
- Delegation of functions
- Location of office
- Accounts
- Reports
- SCHEDULE 2 Further powers of Commission under section 17 or 37
- SCHEDULE 3 Rules as to Commission's practice and procedure
- Provision which must be included
- Provision which may in particular be included
- SCHEDULE 4 Further powers of relevant professional organisations under section 48
- SCHEDULE 5 Minor and consequential modifications
- Solicitors (Scotland) Act 1980 (c. 46)
- Legal Aid (Scotland) Act 1986 (c. 47)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- Freedom of Information (Scotland) Act 2002 (asp 13)
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
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