Consumer Panel Terms of Reference

The Consumer Panel is established under Schedule 1, paragraph 11A of the Legal Profession and Legal Aid (Scotland) Act 2007, as amended. Paragraph 11A was inserted on 1 January 2015 by The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014. Significant amendments to the Panel’s functions were made by Section 80 of the Regulation of Legal Services (Scotland) Act 2025 and will be commenced on 1 July 2026 by The Regulation of Legal Services (Scotland) Act 2025 (Commencement No. 1) Regulations 2026.

These are the Terms of Reference approved by the Board of the Scottish Legal Complaints Commission (“the Commission”) for the independent advisory panel (“the Consumer Panel”).

The Panel’s functions are set out in statute as: 

• to make recommendations to the Commission for improvements to the Commission’s practice and procedures
• to make suggestions to the Commission of topics for research connected to consumers
• to express views on such matters relevant to the Commission’s functions as the panel considers appropriate
• to make recommendations to the Commission in relation to any of the Commission’s functions as the panel considers appropriate
• to make recommendations to the Lord President relating to any of the Lord President’s functions conferred under or by virtue of the 2025 Act
• to make recommendations to relevant professional organisations relating to any of their functions conferred under or by virtue of the 2025 Act
• such other functions as may be conferred on the panel by or under an enactment.

The Panel will achieve this by: 

• Sharing evidence on consumer needs, expectations and experience
• Carrying out or commissioning consumer research
• Acting as an expert sounding board and critical friend, and responding to requests for advice and input from the Commission and other Regulatory Authorities
• Using insight on how the current consumer landscape affects consumers to inform recommendations for improvement
• Making use of any other approach that the Panel decides is appropriate. 

The Consumer Panel will meet at least four times a year.  Meetings may be in-person, hybrid or online. Papers will be made available in advance by email or through a secure portal or channel.

Quorum will be the Chair or a nominated deputy plus more than half of current members present.

A relevant Commission staff member will normally attend to provide the secretariat.

The Consumer Panel may request other officers or employees of the Commission to attend to assist it with its discussions on any particular matter.

The Consumer Panel may ask any or all of those who normally attend, but who are not members of the Consumer Panel, to withdraw from any meeting or part of a meeting to facilitate open and frank discussion.

The Board or Accountable Officer may request the Consumer Panel to convene a meeting to discuss any relevant issue on which either of them considers they require the Consumer Panel’s advice.

Members are expected to prepare in advance of meetings and complete any follow up activity.

Members may also be invited to provide expertise between formal meetings in line with their specific skills and knowledge.

The Commission will ensure that the Consumer Panel is adequately funded and resourced to be able to discharge its functions.

The Commission will ensure that a member of the Commission’s Senior Management Team takes responsibility for the relationship between the Commission and the Consumer Panel.

The Consumer Panel will be provided with a secretariat function by a member of Commission staff suitably qualified and designated by the Board.

The Commission will provide the Consumer Panel with such information as the Panel may require, and appropriate access to Commission staff, to carry out its functions.

The Commission will also provide support for any agreed work the Consumer Panel wishes to undertake.

The Commission will seek the Consumer Panel’s advice in such a way that enables timely and evidence-based input and consider all advice and representations made by the Panel.

In discharging its duties, the Consumer Panel must work effectively with the Commission and engage with and assist the Commission to meet its statutory responsibilities in relation to the governance of the Consumer Panel.

This includes engaging with the Commission’s planning and budgeting cycle to ensure that the Panel’s plans and resource needs can be considered as part of the Commission’s strategy and annual budget and operating plan decisions. 

The Consumer Panel’s work also falls by law and the terms of the Scottish Public Finance Manual into the remit of the Audit and Risk Committee of the SLCC and the internal and external audit requirements placed on the Commission.

In addition, the Consumer Panel’s work falls within the Commission’s responsibilities in relation to GDPR reporting and Freedom of Information requirements, and the Consumer Panel must assist the Commission’s duty to meet any disclosure requirements in relation to the Panel’s work. 

Members will agree the minutes to confirm that they are an accurate representation of the meeting.

The minutes will then be tabled and approved for publication at each subsequent meeting. Minutes will be published on the Commission website in final form within fourteen calendar days of the Consumer Panel meeting at which they were approved for publication.

Consumer Panel members will be held personally responsible for the safe custody and confidentiality of any information, papers or documents which have been received by or entrusted to them in the course of their duties. The loss or disclosure of any such information must be reported immediately to the Commission’s Data Protection Officer or Chief Executive Officer, or in their absence, the Consumer Panel secretariat.

The Consumer Panel will formally report in writing to the Commission Board after each meeting.  A copy of minutes of the meeting may form the basis of the report.

The Consumer Panel will provide the Commission Board and Chief Executive with an annual report, timed to support finalisation of the Commission’s annual accounts and report, summarising the work it has done during the year.

The Consumer Panel shall have at least five members. 

The Chair of the Commission, after consulting the Chief Executive, will appoint the Chair of the Consumer Panel. The Commission Board will appoint Members of the Panel on the recommendation of the Chair of the Consumer Panel.

Appointments will be made in line with the requirements in Schedule 1, paragraph 11A of the Legal Profession and Legal Aid (Scotland) Act 2007 that the Consumer Panel must consist of:

• at least two members who represent an organisation which appears to the Commission to promote the interests of consumers
• at least one member who represents an organisation which appears to the Commission to promote equality
• such other members as the Commission considers appropriate.

Membership of the Consumer Panel will be by appointment only and deputies will generally not be permitted. However, in cases where a member representing an organisation knows in advance that they will not be able to attend and can nominate an appropriate substitute from the organisation, their attendance will be considered.

Appointment terms are normally for three years.

Members will be eligible to serve on the Consumer Panel for a maximum of two 3-year terms, with their continuation after the first term being at the invitation of the Commission Board.

Letters of appointment will be issued to each member detailing terms and conditions of appointment.

Members of the Consumer Panel are expected to subscribe to and comply with the Consumer Panel Code of Conduct. 

Register of members and interests

The Commission will maintain a register of Consumer Panel members and ensure appropriate public access to information regarding membership is provided via the Commission’s website.

Consumer Panel members will be required to register their interests as defined in the code of conduct within one month of the date of their appointment. They must also register any new interests as soon as possible during their appointment. That register will be kept by the Commission for that purpose. This register will be available for public inspection.

Conflicts of interest

Where there is any dispute as to whether a conflict of interest arises in respect of any member, the following procedure will apply:

• In the event of the potential conflict arising during a meeting, the Chair of the Consumer Panel will have the power to rule as to whether such a conflict exists. In the event of a positive ruling, the member concerned will not be permitted to be further involved in that part of the meeting affected by the conflict.
• In the event that the potential conflict arises outwith a meeting, then the Chair of Consumer Panel will have power to rule as to whether such a conflict exists. In the event of a positive ruling, the member concerned will not be permitted to be further involved in the business affected by the conflict.
• Before ruling in either of the circumstances set out in (a) or (b) above, the Chair of Consumer Panel may take views of other Consumer Panel members, or the Chair or Chief Executive of the Commission as they deem necessary.
• If a dispute as to whether a conflict of interest arises in respect of the Chair of the Consumer Panel, the Chair of the Commission’s Audit and Risk Committee will have the power to rule as to whether such a conflict exists.
• A record of the area of potential conflict, the ruling reached and by whom, will be retained.

The Commission will remunerate Consumer Panel members in accordance with the Consumer Panel remuneration and expenses policy.

Consumer Panel members will not be entitled to a pension in respect of their appointment and are not entitled to any gratuity or compensation when the appointment ends (whatever the reason).

Remuneration will be paid through payroll and is taxable. PAYE deductions in respect of income tax and National Insurance will be made, but Consumer Panel members are otherwise responsible for their own tax liabilities.

The Commission will reimburse reasonable expenses incurred by Consumer Panel members in accordance with the Consumer Panel remuneration and expenses policy.

The scales for remuneration and reimbursement of expenses will be reviewed annually by the Commission.

All members will be offered, and must attend, an induction meeting with the Commission on the role and functions of the Consumer Panel.

The Consumer Panel will periodically discuss other training and development needs, and plan training or other development activity accordingly.