(b) the party has been assisted by the Equality and Human Rights Commission in the same proceedings under section 28 of the Equality Act 2006 (power of the Commission to provide legal assistance). 7. If proceedings against an accused person are adjourned in accordance with paragraph 6 and the accused person has applied to the Commission to do so, he or she may be entitled to legal aid pending a decision by the Commission on his or her application. There are therefore compelling reasons to consider amendments to the current legal framework for handling complaints in order to improve the functioning of the complaints system for legal services. 23A. (1) Legal aid in criminal matters shall be granted upon application to the Chamber if a person is prosecuted in solemn proceedings, if the Chamber, after examining the financial situation of the person, is satisfied that the costs of the proceedings cannot be met without undue hardship to the person or his dependants. (6) Regulations made under this article may provide that, if the Chamber has engaged counsel under this article to provide assistance to criminal justice in any field, it may, subject to paragraph 7 below, require as many persons requesting mutual legal assistance in that field as it considers appropriate to appoint the lawyers employed by it. 2. The liability of a person assisting in the proceedings for reimbursement of costs shall not exceed the amount (if any) which, in the opinion of the awarding court, is reasonable, having regard to all the circumstances, including the means of all parties and their conduct in relation to the dispute. [16] (3) Subject to sections 14 and 15 of this Act and any provisions made under this section, civil legal aid shall be available in respect of proceedings referred to in paragraph 2, unless Part II of Schedule 2 to this Act provides otherwise. (4) Schedule 2 to this Act may be amended by regulation made under this section to extend or limit the classes of proceedings in which civil legal aid is granted on a court-by-court basis to the matters concerned, the status of the person applying for civil legal aid or otherwise. Under the 2007 Act, the CCLM is the gateway for all legal claims in Scotland against legal practitioners. After assessing the relevance of a complaint through a series of tests, the CCLM classifies complaints as service complaints or behavioural complaints.

Service-related complaints are then investigated and resolved by the SLCC. Behavioural complaints or behavioural complaints are forwarded to the relevant professional associations for investigation and identification. 7. Subject to paragraph 8, legal aid to which this Section applies shall be available in proceedings before the Sheriff in respect of an application for a residence ban (or for the modification or lifting of such an order) in order to: (f) make provision for cases where a person receives assistance or advice and assistance by reason of his or her conduct in applying for or recourse to judicial aid or advice: may be refused, and assistance (in the same case or in a different procedure); (c) in the case of an appeal under any other provision of this Act, if the applicant is the complainant, is satisfied that it is in the interests of justice in all circumstances of the case that he or she should receive legal aid in criminal matters. 25. (1) This section applies to legal aid in criminal matters in respect of an appeal against a conviction, judgment, other order or acquittal in criminal proceedings other than an appeal to which section 22 (1) (dc) of this Act applies. 3B. A lawyer who provides mutual legal assistance for which a fixed payment is required by the regulations made under subsection (3A) is not entitled to any other payment from the Professional Services and Expenses Fund referred to in this subsection, but is entitled to reimbursement of all other costs duly incurred. 7. By requiring persons requesting mutual legal assistance in criminal matters to appoint lawyers employed by the Commission, the Committee provides that a particular person shall be assigned to another solicitor or, if the registration is in force, to a solicitor registered in the territory. (2) Where regulations granting children`s legal aid to a child are made, they contain a provision requiring the Board to ensure that the conditions set out in paragraph 3 are met before children`s legal aid is granted.

(2) In this Act, the term “legal aid in civil matters” means representation by a lawyer and, where applicable, by a lawyer [8] in all proceedings referred to in Part I of Schedule 2 to this Act under the conditions provided for in this Act, and includes any assistance normally provided by a lawyer or a legal adviser in the stages preceding or incidental to the proceedings; or on the making or making of a settlement to prevent or terminate it. 33. (1) Subject to subsections (3A) and (3B) below, any lawyer or counsel acting on behalf of a person in providing legal assistance or advice and assistance under this Act shall be paid by the Fund in accordance with section 4 (2) (a) of this Act for all fees or expenses duly incurred by the person as a result of that activity. Many of those involved in the current Scottish complaints procedure introduced by the 2007 Act, including the CCLM itself, have expressed frustration with the procedure, partly with the time it takes to deal with a complaint and the structure of the procedure.