Sch. 5 para. 3 partly in force; Sch. 5 para. 3 not in force at Royal Assent, see s. 82; Sch. 5 para. 3(10) in force at 19.3.2007 by S.S.I. 2007/140, art. 2;
The 1990 Act is amended as follows.
In section 17 (conveyancing practitioners), after subsection (11B) insert—
Failure by a practitioner to comply with any rule made under subsection (11) or any rule or regulation referred to in subsection (11B) may be treated as professional misconduct or unsatisfactory professional conduct.
In section 18 (executry practitioners), after subsection (10B) insert—
Failure by a practitioner to comply with any rule made under subsection (10) or any rule or regulation referred to in subsection (10B) may be treated as professional misconduct or unsatisfactory professional conduct.
In section 20 (professional misconduct, inadequate professional services, etc. by conveyancing or executry practitioners)—
in the section title, the words “inadequate professional services,” are repealed;
in subsection (1)—
for the words “(whether or not following a complaint to them)” substitute
paragraphs (b) and (c) are repealed;
in subsection (2), paragraphs (a), (b) and (f) are repealed;
in subsection (2A)(a)—
for the word “complaint” substitute
for the words “the Scottish Solicitor's Discipline Tribunal” substitute
sub-paragraph (ii), and the word “or” following it, are repealed;
in subsection (2B)(d), for the word “(f)” substitute
in subsection (6)—
for the words “(a), (b) or (f)” substitute
for the words “the Scottish Solicitors' Discipline Tribunal” substitute
after the words “similar direction,”, insert
in subsection (7), for the words “Court of Session” substitute
in subsection (8), for the words “the Scottish Solicitors' Discipline Tribunal” substitute
in subsection (11)—
for the word “(f)” substitute
in paragraph (b), for the words “the Scottish Solicitors' Discipline Tribunal” substitute
in subsection (11A)—
for the words “Court of Session” substitute
for the word “Court”, where it second occurs, substitute
after subsection (11E) (as inserted by section 57(2)(d) of this Act), insert—
A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in its favour bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
subsections (13), (14) and (15) are repealed;
in subsection (16), after the word “subsection” insert
In section 20A (review by Council of decisions), in subsection (2)(a)(iii) for the word “(f)” substitute
In section 21 (intervention powers)—
in the section title, for the word “Board's” substitute
in subsection (2)—
after paragraph (a), insert
paragraph (c), and the preceding “or”, are repealed;
in each of subsections (5), (6), (7) and (10), for the words “Court of Session” substitute
after subsection (11), insert—
Where the Council make a direction under subsection (3) or (4) or apply to the court for an order under subsection (10), the Council shall notify the Commission to that effect and provide it with details of their findings in any inquiry held by virtue of subsection (1) as respects the practitioner concerned.
In section 21A (powers of investigation in relation to conveyancing or executry practitioners)—
in subsection (1)—
for the words “any of the following purposes—” substitute
paragraphs (a) and (b), and the word “and” following paragraph (b), are repealed;
in paragraph (c), for the words “the Council”, where it second occurs, substitute
in subsection (2)—
for the words “the Scottish Solicitors' Discipline Tribunal” substitute
in paragraph (b), for the words “(11)(b)” substitute
In section 21B (procedures of Tribunal etc. in relation to conveyancing or executry practitioners)—
in the section title, for the words “the Scottish Solicitors' Discipline Tribunal” substitute
in subsection (1)—
for the words “the Scottish Solicitors' Discipline Tribunal” substitute
for paragraph (a), substitute—
in paragraph 9(a)(i) and (b), the words “or, as the case may be, of provision of inadequate professional services” were omitted;
in subsection (2)—
for the words “(11)(b)” substitute
after the words “section 20”, insert “, 20ZB(9), (10), (11) or (12) or 20ZE(1);
in paragraph (a), for the word “(b)” substitute
in paragraph (b), after the words “this Act” insert “and as regards paragraph 25 also as if for the words
in subsection (3)—
for the words “the Scottish Solicitors' Discipline Tribunal” substitute
in paragraph (b), for the words “(11)(b)” substitute
in subsection (4)—
for the word “Court”, in both places where it occurs, substitute
in paragraph (a), after the word “(11A)” insert
In section 23 (interpretation of sections 16 to 22)—
before the definition of “conveyancing practitioner”, insert—
“
after the definition of “the Council”, insert—
“
the definition of “inadequate professional services” is repealed;
after the definition of “relevant notarial services”, insert
;
“ “
In section 25 (rights to conduct litigation and rights of audience)—
in subsection (2)(b)(ii), for the words “this section” substitute
in subsection (2)(c)(i), for the words “this section” substitute
in subsection (2)(c)(ii)—
for the words from “made” to “public” substitute
the words “the actings of” are repealed;
for the words “this section” substitute
in subsection (3), for the words “this section” substitute
In section 33 (complaints in relation to legal services) after subsection (5) insert—
This section does not apply to any element of a conduct complaint other than that involving the provision of advice, services or activities referred to in section 77(2) of the 2007 Act.
In section 44, after the definition of “the 1980 Act” insert—
“