Report on the activities of the Chairperson-in-Office
Section 34 of the 1990 Act (Scottish legal services ombudsman: institution and functions) shall be amended as follows.
In subsection (1), for the words from “to examine” to the end there shall be substituted the words “ for the purpose of conducting investigations under this Act ”.
After subsection (1) there shall be inserted—.
In subsection (2), the words from “; and” to the end shall cease to have effect.
After subsection (2) there shall be inserted—.
Subsection (3) shall cease to have effect.
For subsection (4) there shall be substituted—.
The following section shall be inserted after section 34 of the 1990 Act—.
The following section shall be inserted after section 34A of the 1990 Act—.
In Schedule 3 to the 1990 Act (Scottish legal services ombudsman: terms of appointment etc.), after paragraph 9 there shall be inserted—.
In section 33 of the 1990 Act (complaints about legal services)—
in subsection (2), for the words from “the procedures” to the end there shall be substituted the words “ 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 ”;
subsections (3) and (4) shall cease to have effect; and
in subsection (5), after the words “this section” there shall be inserted the words “ and sections 34, 34A and 34B of this Act ”.
In Schedule 3 to the 1990 Act (Scottish legal services ombudsman: terms of appointment etc.)— shall cease to have effect.
in paragraph 1, the words “(the “ombudsman”)”; and
paragraphs 7 and 8,
This Part of this Act and, in so far as they relate to the 1990 Act, section 10 of and the Schedule to this Act shall apply as respects any handling complaint made on or after the coming into force of this section (irrespective of whether the conduct complaint to which it relates was made or dealt with before the coming into force of this section).
As respects any handling complaint to which, by virtue of subsection (1) above, the provisions mentioned in that subsection do not apply, the provisions of the 1990 Act shall continue to apply as if that Act had not been affected by this Act.
In subsection (1) above—
“handling complaint” shall be construed in accordance with section 34(1A) of the 1990 Act (as inserted by section 1(3) of this Act) but, for the purposes of subsection (2) above, includes a handling complaint as defined in section 34(1) of that Act; and
“handling complaint” shall be construed in accordance with section 34(1A) of the 1990 Act (as inserted by section 1(3) of this Act) but, for the purposes of subsection (2) above, includes a handling complaint as defined in section 34(1) of that Act; and
“conduct complaint” shall be construed in accordance with section 33(1) of that Act.
and any reference in the Part to any such authority (or to any authority mentioned in subsection (2) below) includes a reference to any member or officer of that authority.
Subject to subsection (4) of section 24 of the 1975 Act (time within which complaint to be made), a complaint may, by virtue of the amendment made by subsection (1) above (and without prejudice to the generality of subsection (1) of that section), be entertained where the person aggrieved first had notice of the matters alleged in the complaint before the day on which this section comes into force.
In subsection (2) above “person aggrieved” has the same meaning as in section 32(1) of the 1975 Act.
The 1975 Act shall be amended as follows.
In section 23 (authorities subject to investigation by Commissioner)— shall cease to have effect.
in subsection (1), paragraphs (ee) and (h); and
subsection (2A),
In section 24 (matters subject to investigation), in each of subsections (3A) and (4) the words “or a new town development corporation” shall cease to have effect.
In section 29A (consideration of adverse reports)—
in subsection (2)(a), for the words “section 23(2)” substitute “ section 23(2)(d) ”;
in subsection (3)—
the words “a joint committee” shall cease to have effect;
in paragraph (a), at the beginning insert “a joint committee”; and
for paragraph (b) substitute—; and
in subsection (5), after the word “committee” insert “ or board ”.
In section 32 (interpretation of Part II of Act)—
after subsection (1) insert—; and
subsection (2A) shall cease to have effect.
In paragraph 2 of Schedule 5 (matters not subject to investigation), for the word “committee” substitute “ board ”.
In this Act—
“the 1975 Act” means the Local Government (Scotland) Act 1975; and
Chapter Short title Extent of repeal 1975 c. 30. The Local Government (Scotland) Act 1975. In section 23, in subsection (1), paragraphs (ee) and (h) and subsection (2A). In section 24, in each of subsections (3A) and (4), the words “or a new town development corporation”. In section 29A, in subsection (3), the words “a joint committee”. Section 32(2A). 1985 c. 73. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. In section 55(1), paragraph (b). 1989 c. 42. The Local Government and Housing Act 1989. Section 27(2). 1990 c. 40. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. In section 33, subsections (3) and (4). In section 34, in subsection (2), the words from “; and” to the end and subsection (3). In Schedule 3, in paragraph 1, the words “(the “ombudsman”)” and paragraphs 7 and 8. 1994 c. 39. The Local Government etc. (Scotland) Act 1994. In Schedule 13, in paragraph 100(6)(a), the words from “—(i)” to “and (ii)”.
“the 1975 Act” means the Local Government (Scotland) Act 1975; and
“conduct complaint” shall be construed in accordance with section 33(1) of that Act.
The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Scottish Legal Services Ombudsman and Commissioner for Local Administration in Scotland Act 1997.
Subject to subsection (3) below, sections 1 to 10 of this Act shall come into force at the end of that period of two months which begins with the day on which the Act is passed.
The following provisions of this Act— shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument.
section 8(2) in so far as it relates to subsections (1)(h) and (2A) of section 23 of the 1975 Act;
section 8(3); and
section 10 and the Schedule in so far as they relate to the said subsections (1)(h) and (2A), to section 24(3A) and (4) of that Act and to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985,
This Act extends to Scotland only.
Chapter Short title Extent of repeal 1975 c. 30. The Local Government (Scotland) Act 1975. In section 23, in subsection (1), paragraphs (ee) and (h) and subsection (2A). In section 24, in each of subsections (3A) and (4), the words “or a new town development corporation”. In section 29A, in subsection (3), the words “a joint committee”. Section 32(2A). 1985 c. 73. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. In section 55(1), paragraph (b). 1989 c. 42. The Local Government and Housing Act 1989. Section 27(2). 1990 c. 40. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. In section 33, subsections (3) and (4). In section 34, in subsection (2), the words from “; and” to the end and subsection (3). In Schedule 3, in paragraph 1, the words “(the “ombudsman”)” and paragraphs 7 and 8. 1994 c. 39. The Local Government etc. (Scotland) Act 1994. In Schedule 13, in paragraph 100(6)(a), the words from “—(i)” to “and (ii)”.