The Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional Provision) Order 2009
2009 No. 17
LEGAL PROFESSION
The Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional Provision) Order 2009
Made 21th January 2009
Laid before the Scottish Parliament 22th January 2009
Coming into force 13th February 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by section 78 of the Legal Profession and Legal Aid (Scotland) Act 20071and all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Legal Profession and Legal Aid (Scotland) Act 2007 (Transitional Provision) Order 2009 and comes into force on 13th February 2009.
Disclosure of information by the Scottish Legal Aid Board
2. For the purposes of section 34(2)(b) of the Legal Aid (Scotland) Act 19862, any complaint alleging professional misconduct being investigated under section 33(1)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 19903is deemed to be a conduct complaint remitted by the Scottish Legal Complaints Commission under section 6(a) of the Legal Profession and Legal Aid (Scotland) Act 2007.
KENNY MacASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
21st January 2009
(This note is not part of the Order)
This Order makes provision in consequence of the Legal Profession and Legal Aid (Scotland) Act 2007 (“the 2007 Act”). It enables the Scottish Legal Aid Board or its agents (collectively referred to for convenience as “the Board”) to share information with a professional organisation investigating allegations of professional misconduct against one of its members in terms of section 33(1)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (“the 1990 Act”).
Section 34(1) of the Legal Aid (Scotland) Act 1986 (“the 1986 Act”), prohibits the Board from divulging information supplied to it without relevant consent. Section 34(2)(b) of the 1986 Act provides an exception to that prohibition. Prior to 1st October 2008, it permitted the Board to share information with professional organisations investigating, prosecuting or determining complaints under section 33(1)(a) of the 1990 Act. On that date, provisions of the 2007 Act were commenced which made the Scottish Legal Complaints Commission (“the Commission”) the first point of contact for all complaints against practitioners and section 34(2)(b) was consequentially amended to...
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