The Legal Profession and Legal Aid (Scotland) Act 2007 (Commencement No. 5) Order 2008
| Jurisdiction | Scotland |
| Citation | SSI 2008/311 |
| Year | 2008 |
2008 No. 311 (C. 26)
LEGAL PROFESSION
The Legal Profession and Legal Aid (Scotland) Act 2007 (Commencement No. 5) Order 2008
Made 17th September 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 82(2) of the Legal Profession and Legal Aid (Scotland) Act 20071.
Citation
1. This Order may be cited as the Legal Profession and Legal Aid (Scotland) Act 2007 (Commencement No. 5) Order 2008.
Appointed day
2. 1st October 2008 is the appointed day for the coming into force of the following provisions of the Legal Professional and Legal Aid (Scotland) Act 2007:–
(a) sections 2 to 26;
(b) sections 28, 33, 35 to 38, 40, 42, 43 and 45;
(c) sections 47 to 57;
(d) section 66;
(e) section 77;
(f) section 81, in so far as not already commenced;
(g) schedule 2;
(h) schedule 4; and
(i) schedule 5, in so far as not already commenced, except for paragraph 3(7)(a)(iii).
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
17th September 2008
(This note is not part of the Order)
This Order brings into force on 1st October 2008 the remaining provisions of the Legal Profession and Legal Aid (Scotland) Act 2007 (“the Act”) which relate to the setting up of the Scottish Legal Complaints Commission (“the Commission”), as well as some of the legal aid provisions. This is the fifth Commencement Order.
Article 2(a) commences sections 2 to 26. Sections 2 to 25 provide for the receipt, handling and investigation of conduct or service complaints against practitioners by the Commission. Section 26 allows the Scottish Ministers, by order, to provide for the abolition of the Scottish legal services ombudsman. An order will be made shortly after the coming into force of this provision.
Article 2(b) commences a number of sections:
Section 28 sets out the requirement for practitioners against whom a services complaint is made to pay a complaints levy to the Commission.
Section 33 establishes the duty of relevant professional organisations to forward certain complaints to the Commission.
Section 35 requires the Commission to monitor how practitioners deal with matters that result in services complaints, to identify trends and to publish reports on these trends. It also requires the Commission and relevant professional organisations to enter into protocols as respects sharing of information.
Section 36 requires the Commission to monitor how practitioners deal with conduct complaints, to identify trends and publish reports on these trends. The Commission may also provide guidance and recommendations to the relevant professional organisations.
Section 37 provides that the Commission may obtain information from the relevant professional organisations for purposes of section 23 (handling complaints), 24 (investigation under section 23) or 36 (monitoring etc of conduct complaints).
Section 38 provides that the Commission and the relevant professional organisations must liaise with each other to ensure efficient and effective working in relation to any investigation or report under the Act.
Section 40 provides that the Commission may issue guidance to the relevant professional organisations about how practitioners deal with complaints about professional conduct or professional services and this guidance may recommend standards.
Section 42 provides, for the purposes of the law of defamation, that the publication of certain reports made by the Commission is privileged unless proved to be made with malice.
Section 43 provides that the Commission, any of its employees or any person acting on its behalf are prohibited from disclosing information obtained by it in connection with a complaint, except for the purposes of enabling or assisting the Commission to exercise any of its functions, or where disclosure is required by law.
Section 45 provides for the form and service of written notices under Part 1 of the Act.
Article 2(c) commences the following sections:
Section 47 places a duty on the relevant professional organisations to investigate conduct complaints.
Section 48 provides the relevant professional organisations with the power to examine documents and demand explanations from a practitioner, a practitioners firm or an employing practitioner where they are satisfied they need to do so for the purposes of an investigation into a conduct complaint.
Section 49 provides that a relevant professional organisation may apply to the court for an order freezing bank accounts held in the name of a practitioner or firm where there is reasonable cause to believe there has been...
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