Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Complaints in relation to legal services S

33 Complaints in relation to legal services. S

(1) Where any person with an interest has made a complaint (a “conduct complaint”) to a professional organisation that a practitioner has—

(a) been guilty of professional misconduct; or

(b) provided inadequate professional services,

the organisation shall investigate the matter, and shall thereafter make a written report to the complainer and the practitioner concerned of—

(i) the facts of the matter as found by the organisation; and

(ii) what action the organisation propose to take, or have taken, in the matter.

(2) The organisation shall ensure that [F1 their procedures for dealing with conduct complaints do not conflict with the duty imposed by section 34A of this Act in relation to any report sent to them under that section].

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this section [F3 and sections 34, 34A and 34B of this Act]—

• “professional organisation” means—

  (a)

  the Faculty of Advocates;

  (b)

  the Council of the Law Society of Scotland;

  (c)

  F4 ...

  (d)

  a body which has made a successful application under section 25 of this Act; and

• “practitioner” means, in relation to—

  (a)

  the Faculty of Advocates, an advocate;

  (b)

  the Council, a solicitor [F5 or a practitioner within the meaning of section 23 of this Act];

  (c)

  F6 ...

  (d)

  a body which has made a successful application under section 25 of this Act, any person exercising—

  (i)

  a right to conduct litigation; or

  (ii)

  a right of audience;

  acquired by virtue of section 27 of this Act.

Textual Amendments

F1 Words in s. 33(2) substituted (21.5.1997) by 1997 c. 35, ss. 5(1)(a), 6, 11(2)

F2 S. 33(3)(4) repealed (21.5.1997) by 1997 c. 35, ss. 5(1)(b), 6, 10, 11(2), Sch.

F3 Words in s. 33(5) inserted (21.5.1997) by 1997 c. 35, ss. 5(1)(c), 6, 11(2)

F4 Words in s. 33(5) repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(12)(a); S.S.I. 2003/384, art. 2(d)

F5 Words in s. 33(5) inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(12)(b)(i); S.S.I. 2003/384, art. 2(d)

F6 Words in s. 33(5) repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(12)(b)(ii); S.S.I. 2003/384, art. 2(d)

Modifications etc. (not altering text)

C1 S. 33(5) extended (21.5.2000) by S.S.I. 2000/121, reg. 37, Sch. 2 para. 6(2)

Commencement Information

I1 S. 33 wholly in force at 3.6.1991 see s. 75(2) and S.I. 1991/1252, art. 3, Sch. 1