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Official Report
Meeting date:
18 May 2022
Rural Affairs, Islands and Natural Environment Committee 18 May 2022
I understand that under the Department for Business, Energy and Industrial Strategy is the regulator—the groceries code adjudicator. Does the Department for Environment, Food and Rural Affairs have a view on how the “Groceries Supply Code of Practice” has worked to support food producers and farmers?
Last updated:
20 April 2023
Keeling schedule 2007 Act
. © 18 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) 11 Fair and reasonable: matters to be taken into account by Commission In considering what is fair and reasonable in the circumstances, the Commission is to take into account the relevant law (including levels of damages awarded by courts in similar circumstances) and relevant codes of practice, professional rules, standards and guidance. 12 Services complaint: notice where not upheld or upheld (1) The Commission must give notice in writing of a— (a) determination by it under section 9(1) not to uphold a services complaint; (b) determination by it under that section upholding any such complaint; (c) determination, direction or report by it under section 10(2), to the complainer and every practitioner specified in it and, where section 10(3) applies, to the employing practitioner by sending to each of them a copy of the determination, the direction or, as the case may be, the report. (2) Where the determination is made by a determination committee by virtue of paragraph 13(2)(d)(i) or, as the case may be, (ii) of schedule 1, notice under subsection (1) must specify the reasons for the determination. 12A Services complaint upheld: failure to refund fees and outlays (1) This section applies where— (a) under section 10(2)(a), the Commission directs the practitioner or the employing practitioner (as the case may be) to refund an amount in respect of fees or outlays of the © 19 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) practitioner already paid by or on behalf of the client to whom the professional services were provided by the practitioner (such amount being referred to in this section as “the fee refund”), (b) any proportion of the fee refund has not been paid by the expiry of the period of 90 days commencing on the day on which notice of the direction was given to the practitioner or the employing practitioner in accordance with rules made under section 32(1), and (c) the failure to pay any proportion of the fee refund within that period is— (i) where the direction was given to the practitioner, as a result of the death, insolvency or involuntary cessation of trade of the practitioner, (ii) where the direction was given to the employing practitioner, as a result of the insolvency or involuntary cessation of trade of the employing practitioner. (2) The proportion of the fee refund that has not been paid is to be treated for the purposes of the practitioner’s or the employing practitioner’s (as the case may be) professional indemnity insurance as if it were an amount of compensation that the Commission had directed under section 10(2)(d) the practitioner or employing practitioner to pay to the complainer. (3) But subsection (2) applies only to the extent that the amount of the fee refund that has not been repaid, taken together with any amount of compensation that the Commission directed the practitioner or the employing practitioner to pay to the complainer under section 10(2)(d), does not exceed £35,000. (4) The Scottish Ministers may by regulations amend subsection (3) to substitute a different amount for the one for the time being specified there. (5) Before making regulations under subsection (4), the Scottish Ministers must consult— (a) the relevant professional organisations, and (b) such groups of persons representing consumer interests as they consider © 20 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) appropriate. 13 Services complaint: reports (1) The Commission may, if it considers it appropriate to do so in any particular case, publish a report of— (a) any mediation which has taken place by virtue of section 8(5) in relation to a services complaint, the outcome of which is accepted by both the complainer and the practitioner; (b) an investigation of a services complaint under section 9 and— (i) any settlement proposed under subsection (2) of that section as respects the complaint, which is accepted as mentioned in subsection (4) of that section; (ii) any determination of the complaint under subsection (1) of that section; (c) a determination, direction or report under section 10(2). (1A) Where the Commission identifies that a number of services complaints against a particular practitioner have resulted in an outcome mentioned in any of paragraphs (a) to (c) of subsection (1) (or any combination of the same), the Commission may, if it considers it appropriate to do so, publish a report relating to the complaints and the outcomes. (1B) Subsections (1) and (1A) are subject to subsection (5). (2) A report under subsection (1) must not (unless the complainer consents)— (a) mention the name of the complainer; (b) include any particulars which, in the opinion of the Commission, are likely to identify the complainer. (2A) A report under subsection (1A) must not— © 21 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) (a) mention the name of a complainer without the complainer’s consent, (b) include any particulars which, in the opinion of the Commission, are likely to identify any complainer without the complainer’s consent. (3) A report under subsection (1) or (1A) may only— (a) mention the name of the practitioner complained of; or (b) include any particulars which, in the opinion of the Commission, are likely to identify the practitioner, if the practitioner consents or the condition in subsection (4) is met. (4) The condition is that— (a) the case is exceptional; (a) either— (i) in relation to a report under subsection (1), the case is exceptional, (ii) in relation to a report under subsection (1A), the circumstances or number of complaints is exceptional, (b) in the opinion of the Commission, it is in the public interest for the identity of the practitioner concerned to be included in the report; and (c) the Commission has given not less than 4 weeks notice in writing to the practitioner that it intends to identify the practitioner in the report, specifying the reasons for its decision. (5) Subsections (1) and (1A) do not apply in relation to— (a) a determination of a complaint under section 9(1) that is not upheld following an application for review under section 20A(1), (b) a determination, direction or report under section 10(2) that is not upheld following an © 22 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) application for review under section 20A(1). (6) Where the review committee upholds a services complaint or confirms a determination under section 9(1) to uphold a services complaint, the reference in subsection (1)(b)(ii) to a determination of the complaint under section 9(1) is to be treated as a decision of the review committee under section 20A(6). (7) Where the review committee decides under section 20A(6) to direct that a step mentioned in section 10(2) be taken, subsection (1)(c) is to be read as if the reference to “under section 10(2)” were a reference to “as is mentioned in section 10(2) that is directed to be taken by the review committee in its decision under section 20A(6)”. 14 Determination under section 9(1) or taking of steps under section 10(2): effect in relation to proceedings (1) Neither the making of a determination under section 9(1) upholding a complaint, nor the taking of any steps under section 10(2) may be founded upon in any proceedings. (2) A direction under section 10(2)(d) to a practitioner to pay compensation to a complainer does not prejudice any right of the complainer to take proceedings against the practitioner for damages in respect of any loss which the complainer claims to have suffered; and any amount directed to be paid to the complainer under that section may be taken into account in the computation of any award of damages made to the complainer in any such proceedings. 15 Complaint appears during mediation or investigation to fall within different category (1) Where a relevant professional organisation at any time during any mediation by it, or its 1 investigation, of a conduct complaint remitted to it under [section 6(2)(a)] considers that it is reasonably likely that the complaint (or any element of it) may instead constitute a services complaint, it must— © 23 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) (a) suspend the mediation or, as the case may be, the investigation; (b) consult, co-operate and liaise with the Commission as respects the matter; (c) send the complaint and any material which relates to it and which is in the organisation’s possession to the Commission; (d) give notice in writing to the complainer and the practitioner that it so considers and is so doing. (2) Where the Commission at any time during its mediation by virtue of section 8(5) in relation to, or investigation by virtue of section 9(1) of, a services complaint considers that it is reasonably likely that the complaint (or any element of it) may instead constitute a conduct complaint, it must— (a) suspend the mediation or investigation; (b) send a copy of the complaint and any material which relates to it and which is in the Commission’s possession to the relevant professional organisation; (c) consult, co-operate and liaise with the relevant professional organisation as respects the matter; (d) give notice in writing to the complainer, the practitioner and the relevant professional organisation that it so considers and is so doing. (3) Where, in the circumstances referred to in subsection (1) or (2) the Commission, having regard to the views expressed by the relevant professional organisation as respects the matter, considers that— (a) its determination under [section 2(1A)(a)] as respects the complaint should be confirmed (to any extent), it must so determine; and the determination under this paragraph must specify the extent to which the determination under that section is confirmed; (b) a complaint (or any element of a complaint) which was determined by it under [section © 24 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) 2 2(1A)(a)] to constitute— (i) a conduct complaint constitutes instead a services complaint; (ii) a services complaint constitutes instead a conduct complaint, it must determine accordingly. (4) Where, or to the extent that, the Commission determines under subsection (3)(a) to confirm to any extent its determination under [section 2(1A)(a)]— (a) it must give notice in writing to the complainer, the practitioner and the relevant professional organisation by sending to each of them a copy of the determination and specifying the reasons for the determination; (b) any suspension under subsection (1)(a) or (2)(a) ceases. (5) Where the Commission determines under subsection (3)(b) that a complaint (or any element of a complaint) which was determined by it under [section 2(1A)(a)] to constitute a services complaint constitutes instead a conduct complaint, it must— (a) remit the conduct complaint to the relevant professional organisation to deal with (and give to the organisation any material referred to in [section 6(2)(a)]); (b) give notice in writing to the complainer, the practitioner and the relevant professional organisation by sending to each of them a copy of the determination and specifying— (i) the reasons for the determination; (ii) that the conduct complaint is being remitted under paragraph (a); (iii) the relevant professional organisation to which it is being remitted; (iv) that the relevant professional organisation is under a duty under this Act to deal with the conduct complaint. © 25 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) (6) Where the Commission determines under subsection (3)(b) that a complaint (or any element of a complaint) which was determined by it under [section 2(1A)(a)] to constitute a conduct complaint constitutes instead a services complaint— (a) it must give notice in writing to the complainer, the practitioner and the relevant professional organisation by sending to each of them a copy of the determination and specifying the reasons for the determination; (b) sections 8 to 12 apply to the services complaint as they apply where a determination is made under [section 2(1A)(a)] that a complaint constitutes a services complaint. 16 Power to monitor compliance with directions under section 10(2) (1) The Commission must, by notice in writing, require every practitioner specified in any direction under section 10(2) to give, before the end of such period being not less than 21 days as the notice specifies, an account and explanation of the steps which the practitioner has taken to comply with the direction. (2) Where an appeal a review against any such direction is made under section 20A section 21(1), any notice under subsection (1) relating to the direction ceases to have effect pending the outcome of the review the appeal. 17 Power to examine documents and demand explanations in connection with conduct or services complaints (1) Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, 8, 9, 10, 15 or 16 or any provision in rules made under section 32(1) (but only in so far as the provision in the rules relates to the categorisation of complaints), it may give notice in writing in accordance with subsection (2) to the practitioner, the practitioner’s firm or, as the case may be, the employing practitioner. © 26 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) (2) Notice under subsection (1) may require— (a) the production or delivery to any person appointed by the Commission, at a time and place specified in the notice, of all documents mentioned in subsection (3) which are in the possession or control of the practitioner, the firm or, as the case may be, the employing practitioner and which relate to the matters to which the complaint relates (whether or not they relate also to other matters); (b) an explanation, within such period being not less than 21 days as the notice specifies, from the practitioner, the firm or, as the case may be, the employing practitioner regarding the matters to which the complaint relates. (3) The documents are— (a) all books, accounts, deeds, securities, papers and other documents in the possession or control of the practitioner, the firm or, as the case may be, the employing practitioner; (b) all books, accounts, deeds, securities, papers and other documents relating to any trust of which the practitioner is the sole trustee or a co-trustee only with one or more of the practitioner’s partners or employees or, as the case may be, where the practitioner is an incorporated practice of which the practice or one of its employees is a sole trustee or it is a co-trustee only with one or more of its employees. (3A) Nothing in a notice under subsection (1) requires a practitioner, a practitioner’s firm or an employing practitioner to provide a document or information that is subject to legal privilege. (3B) But subsection (3A) does not prevent the disclosure of a document or information that is the subject of another right of confidentiality (regardless of whether or not the client of the practitioner, practitioner’s firm or employing practitioner consents to the disclosure). (3C) For the purpose of subsection (3A), a document or information is subject to legal privilege if it constitutes a communication— (a) between the practitioner, the practitioner’s firm or the employing practitioner and the © 27 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) client of the practitioner, practitioner’s firm or employing practitioner, or (b) made in connection with, or in contemplation of, legal proceedings and for the purpose of those proceedings, which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to confidentiality of communications. (4) Where the Commission is satisfied that it is necessary for it to do so for the purposes of section 2, 4, 8, 9, or 10 or any provision in rules made under section 32(1) 10 or 15, it may give notice in writing in accordance with subsection (5) to the complainer. (5) Notice under subsection (4) may require— (a) the production or delivery to any person appointed by the Commission at a time and place specified in the notice, of all documents mentioned in subsection (6) which are in the possession or control of the complainer and which relate to the matters to which the complaint relates (whether or not they relate to other matters); (b) an explanation, within such period being not less than 21 days as the notice specifies, from the complainer regarding the matters to which the complaint relates. (6) The documents are all books, accounts, deeds, securities, papers and other documents in the possession or control of the complainer. (7) Schedule 2 makes further provision about the powers of the Commission under this section. 17A Power of Commission to request practitioner’s details in connection with complaints (1) Where the Commission is satisfied that it is necessary to do so in relation to a complaint referred to in section 2(1) made against a practitioner for a purpose mentioned in subsection (3), the Commission may request that the relevant professional organisation provide any © 28 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) contact details for the practitioner that are held by the relevant professional organisation. (2) The relevant professional organisation must provide any details that are requested under subsection (1) that are held by the relevant professional organisation to the Commission as soon as practicable. (3) The purpose referred to in subsection (1) is for the purpose of— (a) section 2, 4, 8, 9, 10 or 16, or (b) any provision in rules made under section 32(1) but only in so far as the provision in the rules relates to the categorisation of complaints. 18 Power of Commission to recover certain expenses (1) The Commission is, subject to subsection (2), entitled to recover from a practitioner, the practitioner’s firm or, as the case may be, the employing practitioner, in respect of whom it has taken any action by virtue of section 17, any expenditure reasonably incurred by it in so doing. (2) Expenditure incurred in taking action by virtue of section 17 is recoverable under subsection (1) only where notice has been served under paragraph 2(a) of schedule 2 in connection with that action and either— (a) no application has been made in consequence under paragraph 3 of that schedule; or (b) the court, on such an application, has made a direction under paragraph 4 of that schedule. 19 Documents and information from third parties (1) Where the Commission has requested that documents or information in the possession or control of a person be produced for the purposes of an investigation by it under this Act and © 29 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) the person refuses or fails to produce the documents or information, the Commission may apply to the court for an order under subsection (2). (2) An order by the court under this subsection may require a person to produce or deliver the documents or information or to cause them or it to be produced or delivered to the person appointed at the place fixed by the Commission within such time as the court may order. (3) The court may make an order under subsection (2) only if— (a) it appears— (i) the documents sought are; or (ii) the information sought is, relevant to the investigation; and (b) it is in the public interest for the documents or information to be produced. (4) Where the Commission receives possession of any such documents or information which have been produced or delivered to it, it must without delay serve on the person from whom the documents or information were received, a notice giving particulars and the date on which it took possession. (5) Before the expiry of the period of 14 days after service of a notice under subsection (4) the person on whom the notice has been served may apply to the court for an order directing return of the documents or information to the person from whom they were received by the Commission or to such other person as the applicant may request; and on the hearing of any such application the court may make the order applied for or such other order as it thinks fit. (6) If no application is made to the court under subsection (5), or if the court on any such application directs that the documents or information in question remain in the custody or control of the Commission, the Commission may make enquiries to ascertain the person to whom they belong and may deal with the documents or information in accordance with the directions of that person. © 30 Legal Profession and Legal Aid (Scotland) Act 2007 asp 5 (Scottish Act) (7) This section does not apply to documents or information in the possession or control of— (a) the person who made the complaint from which the investigation arises; (b) the practitioner concerned; (c) a relevant professional organisation.
Last updated:
14 February 2023
BB20221017
Legislative Consent Memorandums A list of all Legislative Consent Memorandums lodged with the Scottish Parliament can be accessed via the website at: https://www.parliament.scot/bills-and-laws/bills/legislative-consent-memorandums Animal Welfare (Kept Animals) Bill LCM-S6-1 Lodged on 22 June 2021 Meeting of the Parliament, 11 January 2022 th Report – Lead committee (Rural Affairs, Islands and Natural Environment) (4 Report, 2021) th Report – Delegated Powers and Law Reform Committee (14 Report, 2021) Energy Bill LCM-S6-26 Lodged on 28 September 2022 High Speed Rail (Crewe - Manchester) Bill LCM-S6-15 Lodged on 7 February 2022 th Report – Lead committee (Net Zero, Energy and Transport) (9 Report 2022) th Report – Delegated Powers and Law Reform Committee (27 Report 2022) Monday 17 October 2022 64 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Progress of Legislation | Adhartas Reachdais Levelling-up and Regeneration Bill LCM-S6-23 Lodged on 27 July 2022 Meeting (lead committee (Net Zero, Energy and Transport)), 4 October 2022 Meeting (Delegated Powers and Law Reform Committee), 27 September 2022 Northern Ireland Protocol Bill LCM-S6-24 Lodged on 19 August 2022 Meeting (Delegated Powers and Law Reform Committee), 4 October 2022 Online Safety Bill LCM-S6-18 Lodged on 31 March 2022 th Report – Lead committee (Criminal Justice) (7 Report 2022) rd Report – Delegated Powers and Law Reform Committee (33 Report 2022) Procurement Bill LCM-S6-20 Lodged on 25 May 2022 Meeting (lead committee (Economy and Fair Work)), 5 October 2022 th Report – Delegated Powers and Law Reform Committee (49 Report 2022) Social Security (Special Rules for End of Life) Bill LCM-S6-19 Lodged on 25 May 2022 Meeting of the Parliament, 29 June 2022 Trade (Australia and New Zealand) Bill LCM-S6-21 Lodged on 13 June 2022 Meeting (lead committee (Economy and Fair Work)), 5 October 2022 th Report – Delegated Powers and Law Reform Committee (50 Report 2022) UK Infrastructure Bank Bill LCM-S6-25 Lodged on 2 September 2022 Meeting (lead committee (Economy and Fair Work)), 5 October 2022 Subordinate Legislation (date of laying) (lead committee) Affirmative instruments Subject to approval by 30 October Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) (No. 2) Order 2022 (SSI 2022/Draft) (5 September 2022) (Economy and Fair Work Committee) Subject to approval by 1 November Scottish Biometrics Commissioner Act 2020 (Code...
Last updated:
14 October 2022
BB20221017
Legislative Consent Memorandums A list of all Legislative Consent Memorandums lodged with the Scottish Parliament can be accessed via the website at: https://www.parliament.scot/bills-and-laws/bills/legislative-consent-memorandums Animal Welfare (Kept Animals) Bill LCM-S6-1 Lodged on 22 June 2021 Meeting of the Parliament, 11 January 2022 th Report – Lead committee (Rural Affairs, Islands and Natural Environment) (4 Report, 2021) th Report – Delegated Powers and Law Reform Committee (14 Report, 2021) Energy Bill LCM-S6-26 Lodged on 28 September 2022 High Speed Rail (Crewe - Manchester) Bill LCM-S6-15 Lodged on 7 February 2022 th Report – Lead committee (Net Zero, Energy and Transport) (9 Report 2022) th Report – Delegated Powers and Law Reform Committee (27 Report 2022) Monday 17 October 2022 64 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Progress of Legislation | Adhartas Reachdais Levelling-up and Regeneration Bill LCM-S6-23 Lodged on 27 July 2022 Meeting (lead committee (Net Zero, Energy and Transport)), 4 October 2022 Meeting (Delegated Powers and Law Reform Committee), 27 September 2022 Northern Ireland Protocol Bill LCM-S6-24 Lodged on 19 August 2022 Meeting (Delegated Powers and Law Reform Committee), 4 October 2022 Online Safety Bill LCM-S6-18 Lodged on 31 March 2022 th Report – Lead committee (Criminal Justice) (7 Report 2022) rd Report – Delegated Powers and Law Reform Committee (33 Report 2022) Procurement Bill LCM-S6-20 Lodged on 25 May 2022 Meeting (lead committee (Economy and Fair Work)), 5 October 2022 th Report – Delegated Powers and Law Reform Committee (49 Report 2022) Social Security (Special Rules for End of Life) Bill LCM-S6-19 Lodged on 25 May 2022 Meeting of the Parliament, 29 June 2022 Trade (Australia and New Zealand) Bill LCM-S6-21 Lodged on 13 June 2022 Meeting (lead committee (Economy and Fair Work)), 5 October 2022 th Report – Delegated Powers and Law Reform Committee (50 Report 2022) UK Infrastructure Bank Bill LCM-S6-25 Lodged on 2 September 2022 Meeting (lead committee (Economy and Fair Work)), 5 October 2022 Subordinate Legislation (date of laying) (lead committee) Affirmative instruments Subject to approval by 30 October Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) (No. 2) Order 2022 (SSI 2022/Draft) (5 September 2022) (Economy and Fair Work Committee) Subject to approval by 1 November Scottish Biometrics Commissioner Act 2020 (Code...
Official Report
Meeting date:
4 December 2013
Economy, Energy and Tourism Committee 04 December 2013
Although we consider the code of practice to be the principal document, the bill also provides for guidance on the duty to be issued, and amendments 11 to 13 seek to require publication of ministerial directions, guidance and the code of practice.
Official Report
Meeting date:
9 September 2013
Burrell Collection (Lending and Borrowing) (Scotland) Bill Committee 09 September 2013
They can say no. I want to move on to the lending code. Paragraph 3.2 of that code says:“Object(s) shall not be on loan for a period longer than three years except where Object(s) are part of a tour where a longer period is required”.Under what circumstances would a longer period be required?
Official Report
Meeting date:
5 February 2013
Education and Culture Committee 05 February 2013
Could some of that be captured in the code of conduct that you have talked about, or is it at too high a level?
Official Report
Meeting date:
6 November 2018
Justice Committee 06 November 2018
If I am correct, the 2012 act does not make provision for a code of ethics for policing, although there such a code in Scotland.
Official Report
Meeting date:
4 June 2015
Standards, Procedures and Public Appointments Committee 04 June 2015
Members will note from the monitoring report the continued improvements in the overall level of compliance with the code. Since the monitoring report was issued, the cross-party group on life sciences has scheduled two meetings—an ordinary meeting on 11 June and an annual general meeting on 16 June—and the cross-party group on the middle east and south Asia...
Official Report
Meeting date:
15 January 2015
Standards, Procedures and Public Appointments Committee 15 January 2015
Members will see from paper 1 that the group does not comply with section 6.4.1 of the code of conduct as it does not have an MSP member from the Conservative Party.
