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Legal Profession Act 2006
400Withdrawal of complaints
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400 Withdrawal of complaints
(1) A complaint under this chapter may, subject to this section, be
withdrawn by the complainant.
(2) Withdrawal of a complaint may be made by oral or written
communication to the relevant council.
(3) If a complaint is withdrawn orally and the complaint was made by a
person other than a council, the relevant council must—
(a) make a written record of the withdrawal; and
(b) give the complainant a copy of the record, or send a copy of it
addressed to the complainant at the last address of the
complainant known to the council.
(4) Subsection (3) does not apply if the complainant has previously given
the relevant council written confirmation of the withdrawal.
(5) A complaint may be withdrawn even though the relevant council has
started or finished an investigation of the complaint.
(6) If a complaint is made by a person other than a council, a further
complaint about the matter that is the subject of the withdrawn
complaint cannot be made unless the relevant council is satisfied that
it is appropriate to make a further complaint in the circumstances.
(7) If a complaint is properly withdrawn, no further action may be taken
under this part in relation to the complaint, unless the relevant council
is satisfied that investigation or further investigation of the complaint
is justified in the particular circumstances.
(8) Withdrawal of a complaint does not prevent—
(a) a council making a complaint or further complaint about the
matter that is the subject of the withdrawn complaint (whether
or not after investigation or further investigation mentioned in
subsection (7)); or
(b) action being taken on any other complaint properly made in
relation to the matter.
(9) This section extends to the withdrawal of a complaint so far as it
relates to some only or part only of the matters that form the subject
of the complaint.