Commentary on Sections Part 1 – the Scottish Legal Complaints Commission Section 21: Appeals
45.Section 21 permits the complainer, the practitioner to whom the complaint relates, the practitioner’s firm, the employing practitioner, and the relevant organisation to appeal to the Court of Session, with the leave of that court, against any decision of the Commission under Part 1 of the Act – meaning any determination, direction or other decision made by the Commission under the Part or any report under section 10(2)(e). The appeal must be made within 28 days of notice of the Commission’s decision. The grounds for appeal are that the Commission’s decision was based on an error of law; that there has been a procedural impropriety in the conduct of any hearing by the Commission on the complaint; that the Commission has acted unreasonably in the exercise of its discretion; and that the Commission’s decision was not supported by the facts found to be established by the Commission. The Commission is to be a party to the appeal.