Our oversight powers
We can issue guidance, request information, audit complaint handling, review regulators, require improvements, set minimum standards and monitor compensation arrangements. References are to sections of the Legal Profession and Legal Aid (Scotland) Act 2007) [* denotes new or amended powers yet to be commenced under the 2025 Act].
Topic |
Power |
Source |
|---|---|---|
First tier complaints handling |
Issuing guidance and best practice advice to the profession on complaints handling |
S40 |
First tier complaints handling |
Issue guidance (which may set minimum standards) to RPOs on their role overseeing first tier complaint handling * |
S40 |
First tier complaints handling |
Issue guidance (which may set minimum standards) to RPOs on standards that must be set by the organisations for practitioners that they regulate relating to first tier complaint handling * |
S40 |
First tier complaints handling |
Issue guidance (which may set minimum standards) to RPOs on standards that must be set by the organisations for practitioners that they regulate relating to any practice contributing significantly to complaints * |
S40 |
First tier complaints handling |
Power to request complaint logs from firms * |
S40B |
First tier complaints handling |
Referring a complaint back to allow the practitioner/ firm to consider a complaint made prematurely |
S8 |
Complaints handling by RPOs and Approved Regulators |
Dealing with complaints about RPO conduct and regulatory complaint procedures, making recommendations and directions to comply |
S23, S24 |
Complaints handling by RPOs and Approved Regulators |
Dealing with complaints about Approved Regulator regulatory complaint procedures |
S57 |
Complaints handling by RPOs and Approved Regulators |
Powers to audit RPOs’ complaint records |
S36 |
Complaints handling by RPOs and Approved Regulators |
Issuing guidance to RPOs (which may set minimum standards) relating to how they are to investigate and determine conduct and regulatory complaints * |
S36A |
Obtaining information from RPOs |
Requiring RPOs to provide information or documents relevant for any of the purposes of sections 23, 24 or 36 |
S37 |
Consumer redress |
Monitoring the effectiveness of the Client Protection Fund or analogous funds or arrangements, request information, and issue guidance (which may set minimum standards) * |
S39 |
Consumer redress |
Monitoring the effectiveness of indemnity arrangements, request information, and make recommendations for improvement |
S39 |
Enforcing minimum standards |
Requiring information and explanations about how minimum standards are being met * |
S40A |
Monitoring, reporting and publishing |
Monitoring practice to identify trends in complaints and complaints handling across the sector |
S35, S36 |
Performance of Approved Regulators |
Dealing with Approved Regulator complaints |
S57E |