Public Appointments and Public Bodies etc. (Scotland) Act 2003

F1SCHEDULE 1SThe Commissioner

(introduced by section 1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SCHEDULE 2SThe specified authorities

(introduced by section 2)

Commencement Information

I1Sch. 2 in force at 1.6.2004 by S.S.I. 2004/232, art. 2(b)

OfficesS

  • [F2The chairing member of the board of management of a college of further education which is designated as a regional college by order under section 7A of the Further and Higher Education (Scotland) Act 2005]

  • [F2The chairing member of a regional board established by or in pursuance of section 7B of that Act]

  • [F3Chairperson of the Police Negotiating Board for Scotland]

  • F4...

  • F5...

  • [F6the Convener of the School Closure Review Panels]

  • [F7a non-executive director of the Scottish National Investment Bank p.l.c.]

Textual Amendments

F2Words in sch. 2 inserted (3.3.2014 for specified purposes, 1.5.2014 in so far as not already in force) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), sch. para. 7; S.S.I. 2014/21, art. 2, sch. 1; S.S.I. 2014/79, art. 2(1), sch. 1

Executive bodiesS

  • Accounts Commission for Scotland

  • [F8Architecture and Design Scotland]

  • [F9Bòrd na Gàidhlig]

  • [F10Children’s Hearings Scotland]

  • [F11Community Justice Scotland]

  • [F12Consumer Scotland ]

  • [F13Creative Scotland]

  • Crofters Commission

  • [F14Environmental Standards Scotland]

  • [F15Food Standards Scotland]

  • F16...

  • Highlands & Islands Enterprise

  • [F17Historic Environment Scotland]

  • [F18ILF Scotland]

  • Learning & Teaching Scotland

  • National Galleries of Scotland

  • National Library of Scotland

  • National Museums of Scotland

  • any National Park authority [F19(except in respect of nominated members, as defined in paragraph 3(7) of schedule 1 to the National Parks (Scotland) Act 2000)]

  • F20...

  • [F21Quality Meat Scotland]

  • [F22Revenue Scotland]

  • [F23Risk Management Authority]

  • Royal Botanic Garden, Edinburgh

  • F24...

  • Scottish Agricultural Wages Board

  • F25...

  • [F26Scottish Charity Regulator]

  • Scottish Children’s Reporter Administration

  • F27...

  • Scottish Criminal Cases Review Commission

  • Scottish Enterprise

  • Scottish Environment Protection Agency

  • [F28Scottish Fire and Rescue Service]

  • [F29Scottish Fiscal Commission]

  • [F30The Scottish Food Commission]

  • [F31Scottish Further and Higher Education Funding Council]

  • [F32Scottish Housing Regulator ]

  • F33...

  • F33...

  • F34...

  • Scottish Legal Aid Board

  • [F35Scottish Legal Complaints Commission]

  • Scottish Natural Heritage

  • [F36Scottish Police Authority]

  • F37...

  • Scottish Qualifications Authority

  • F38...

  • Scottish Social Services Council

  • Scottish Sports Council

  • F39...

  • [F23Scottish University for Industry]

  • [F40The Skills Development Scotland Co. Limited]

  • [F41Social Care and Social Work Improvement Scotland]

  • [F42South of Scotland Enterprise]

  • [F43VisitScotland]

  • [F44Water Industry Commission for Scotland]

Textual Amendments

F15Words in sch. 2 inserted (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 17(4), 63(2) (with s. 62); S.S.I. 2015/99, art. 2

F27Sch. 2 entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 12(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F37Words in sch. 2 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F41Words in sch. 2 inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 12(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

Advisory bodiesS

  • F45...

  • F46...

  • F47...

  • F48...

  • F49...

  • F50...

  • F51...

  • F52...

  • F53...

  • [F54Boundaries Scotland]

  • [F55Judicial Appointments Board for Scotland ]

  • F56...

  • Mobility and Access Committee for Scotland

  • [F57Public Transport Users' Committee for Scotland]

  • [F58Scottish Fuel Poverty Advisory Panel]

  • F48...

  • F59...

  • F60...

  • F61...

  • [F62Scottish Land Commission]

  • Scottish Law Commission

  • [F63Scottish Local Authorities Remuneration Committee]

  • F64...

Textual Amendments

F49Words in sch. 2 omitted (1.10.2010) by virtue of Flood and Water Management Act 2010 (c. 29), ss. 46(4), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.

F53Words in sch. 2 repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 29; S.S.I. 2007/479, art. 3, sch. (as amended (27.11.2007) by S.S.I. 2007/527, art. 2(6)(c))

F65...S

Textual Amendments

Public corporationsS

[F69Caledonian Maritime Assets Ltd]

[F70David MacBrayne Ltd]

[F71Highlands and Islands Airports Ltd]

[F72Scottish Futures Trust Ltd]

Scottish Water

Textual Amendments

National Health Service bodiesS

  • F73...

  • [F74Common Services Agency for the Scottish Health Service] [F75, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 5 to the National Health Service (Scotland) Act 1978 by virtue of the member being—

    (a)

    employed as an officer of the Common Services Agency for the Scottish Health Service,

    (b)

    a member of a body set up by the Common Services Agency for the Scottish Health Service which represents health care professionals, or

    (c)

    a member of a body set up by the Common Services Agency for the Scottish Health Service which represents Common Services Agency for the Scottish Health Service employees.]

  • any Health Board [F76, but Part 1 does not apply in relation to appointments made under Schedule 1 to the National Health Service (Scotland) Act 1978 of the following persons to a Health Board—

    (a)

    councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board;

    (b)

    a member appointed by the Scottish Ministers by virtue of the member—

    (i)

    holding a post in a university with a medical or dental school,

    (ii)

    being employed as an officer of the Health Board,

    (iii)

    being a member of a body set up by a Health Board which represents health care professionals working in the Health Board area,

    (iv)

    being a member of a body set up by a Health Board which represents Health Board employees, or

    (v)

    being a member of a community health partnership established by virtue of section 4A of the National Health Service (Scotland) Act 1978.]

  • [F77Healthcare Improvement Scotland]

  • Mental Welfare Commission for Scotland

  • F73...

  • any Special Health Board [F78, but Part 1 does not apply in relation to the appointment of a member by the Scottish Ministers made under Schedule 1 to the National Health Service (Scotland) Act 1978, as applied to each Special Health Board by virtue of the member being—

    (i)

    employed as an officer of the Special Health Board,

    (ii)

    a member of a body set up by a Special Health Board which represents health care professionals, or

    (iii)

    a member of a body set up by a Special Health Board which represents Special Health Board employees; F79...

    (iv)

    F79... [F80or

    (v)

    a councillor appointed as a member of the board of Public Health Scotland following nomination by the Convention of Scottish Local Authorities.]]

Textual Amendments

F77Words in sch. 2 inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 26; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

[F81Other Public Bodies]S

  • [F82[F83Crown Estate Scotland]]

  • F84...

  • [F85Poverty and Inequality Commission]

  • [F86Scottish Commission on Social Security]

Textual Amendments

F87SCHEDULE 3SThe Advisory Council

(introduced by section 15)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SCHEDULE 4SMiscellaneous provision

(introduced by section 17)

1SIn section 2 (petition to Commissary to be substituted) of the Confirmation of Executors (Scotland) Act 1858, the words “or a recognised financial institution providing executry services” are repealed.

Commencement Information

I2Sch. 4 para. 1 in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

2SIn the Historic Buildings and Ancient Monuments Act 1953—

(a)section 2 (Historic Buildings Council for Scotland) is repealed except in so far as it applies, by virtue of section 3(3) of that Act, to the Historic Buildings Council for Wales;

(b)in section 3(3) (Historic Buildings Council for Wales), for the words from “apply” in the second place where it appears to the end there is substituted “applied to the Historic Buildings Council for Scotland immediately before the coming into force of paragraph 2(a) of schedule 4 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)”; and

(c)in section 9 (interpretation), in subsection (1)—

(i)paragraph (b) is repealed; and

(ii)for the words “paragraphs (b) and” there is substituted “paragraph”.

Commencement Information

I3Sch. 4 para. 2 in force at 31.5.2003 by S.S.I. 2003/219, art. 2(1)(c)

3SIn the House of Commons Disqualification Act 1975, in Part II of Schedule 1(offices disqualifying for membership)—

(a)in the entry relating to Medical Practices Committees, the words from “or” to the end are repealed; and

(b)the entry relating to the Scottish Conveyancing and Executry Services Board is repealed.

Commencement Information

I4Sch. 4 para. 3(a) in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

I5Sch. 4 para. 3(b) in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

4SIn the Race Relations Act 1976, in Part II of Schedule 1A (bodies and other persons subject to general statutory duty), the paragraphs relating to—

(a)the Ancient Monuments Board for Scotland;

(b)the Historic Buildings Council for Scotland;

(c)the Scottish Hospital Trust;

(d)the Scottish Medical Practices Committee; and

(e)the Scottish Conveyancing and Executry Services Board,

are repealed.

Commencement Information

I8Sch. 4 para. 4(d) in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

I9Sch. 4 para. 4(e) in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

5(1)The 1978 Act is amended in accordance with this paragraph.S

(2)Section 3 is repealed.

(3)Section 11 is repealed.

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Section 24 is repealed.

(11)In section 77 (default powers), paragraph (b) of subsection (1) is repealed.

(12)In section 85 (expenses of certain bodies), paragraph (c) of subsection (1) is repealed.

(13)In section 88 (payments to members of certain bodies)—

(a)in subsection (1), paragraph (a) is repealed; and

(b)in subsection (2), paragraph (a) is repealed.

(14)In section 108(1)(interpretation), the entries relating to the Hospital Trust and the Medical Practices Committee are repealed.

(15)In Schedule 1 (health boards), paragraphs 16 and 17 are repealed.

(16)Schedule 2 is repealed.

(17)Schedule 6 is repealed.

(18)In Schedule 9 (additional provisions as to prohibition of sale of medical practices), in paragraph 1—

(a)in sub-paragraph (2), for the words “Medical Practices Committee” there is substituted “ Health Board which has arrangements with the practitioners of the medical practice for the provision by them of general medical services ”;

(b)in sub-paragraph (3)—

(i)for the words “The Committee” in the first place where they appear there is substituted “That Health Board”;

(ii)for the words “the Committee” in the second place where they appear there is substituted “the Board”;

(c)in sub-paragraph (4), for the words “Medical Practices Committee” there is substituted “Health Board;

(d)in sub-paragraph (6), for the word “Committee” there is substituted “ Board ”; and

(e)in sub-paragraph (7), for the words “The Medical Practices Committee” there is substituted “ A Health Board ”.

Textual Amendments

Commencement Information

I10Sch. 4 para. 5(2) (10)-(13) (16) (18) in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

I11Sch. 4 para. 5(3)(17) in force at 6.5.2004 by S.S.I. 2004/198, art. 2(c)

I12Sch. 4 para. 5(14) in force at 1.4.2004 for specified purposes by S.S.I. 2004/148, art. 2(c)

I13Sch. 4 para. 5(15) in force at 6.2.2004 by S.S.I. 2003/602, art. 2(2)(b)

6SIn the Ancient Monuments and Archaeological Areas Act 1979—

(a)in section 22 (Ancient Monuments Boards)—

(i)in subsection (1), paragraph (b) and the word “and” immediately following it are repealed;

(ii)subsection (3) is repealed; and

(iii)in subsection (5), paragraph (b) and the word “and” immediately following it are repealed; and

(b)in section 23 (annual reports of Ancient Monuments Boards)—

(i)the words from the beginning to the word “and” in the first place where it appears are repealed;

(ii)the word “each” in the first place where it appears is repealed; and

(iii)for the words “them” and “their” there is substituted “it” and “its” respectively.

Commencement Information

I14Sch. 4 para. 6 in force at 31.5.2003 by S.S.I. 2003/219, art. 2(1)(c)

7SIn section 32 (offence for unqualified persons to prepare certain documents) of the 1980 Act, in subsection (2A), for the words “qualified conveyancer” there is substituted . “conveyancing practitioner”

Commencement Information

I15Sch. 4 para. 7 in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

Prospective

8SIn section 54 (clarification of certain investment powers) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985—

(a)subsection (1) in so far as it relates to Schedule 6 to the 1978 Act; and

(b)subsection (2),

are repealed.

9SIn section 43A (application of Act to services provided under the 1990 Act) of the Legal Aid (Scotland) Act 1986, in subsection (1)—

(a)the words “and recognised financial institutions” are repealed; and

(b)for the words “qualified conveyancers” there is substituted “ conveyancing practitioners ”.

Commencement Information

I16Sch. 4 para. 9 in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

10SIn the Electricity Act 1989, in paragraph 4(2) of Schedule 9 (preservation of amenity and fisheries), the words from “, the” to “Scotland” in the second place where it appears are repealed.

Commencement Information

I17Sch. 4 para. 10 in force at 31.5.2003 by S.S.I. 2003/219, art. 2(1)(c)

11SIn the National Health Service and Community Care Act 1990—

(a)in section 39 (distribution of general medical services), subsection (7) is repealed; and

(b)in Schedule 9 (minor and consequential amendments), sub-paragraphs (2) and (24) of paragraph 19 are repealed.

Commencement Information

I18Sch. 4 para. 11(a) in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

12(1)The 1990 Act is amended in accordance with this paragraph.S

(2)For section 16 (the Scottish Conveyancing and Executry Services Board) there is substituted—

“16Regulation by the Law Society of conveyancing and executry services

(1)The Council of the Law Society of Scotland have the function of regulating the provision of conveyancing and executry services under sections 17 to 23 of this Act.

(2)The Scottish Ministers may make grants to the Council towards expenses incurred, or to be incurred, by them in connection with the exercise of that function.

(3)Any grant made under subsection (2) above may be made subject to such terms and conditions (including conditions as to repayment) as the Scottish Ministers consider appropriate and they may vary such terms and conditions after the grant is made.”.

(3)In section 17 (qualified conveyancers)—

(a)for the word “Board” in each place where it appears there is substituted “Council”;

(b)for the words “qualified conveyancer” and “qualified conveyancers” in each place where they appear there is substituted “conveyancing practitioner” and “conveyancing practitioners” respectively;

(c)for the words “conveyancer” and “conveyancers” in each of the other places where they appear there is substituted “practitioner” and “practitioners” respectively;

(d)for subsection (1) there is substituted—

“(1)The Council shall establish and maintain a register of conveyancing practitioners, which shall be available for inspection by any person without charge.

(1A)The register shall include an entry in respect of any person who was registered in the register of qualified conveyancers maintained by the Scottish Conveyancing and Executry Services Board immediately before the coming into force of this subsection.

(1B)The entry in the register in respect of any such person who, immediately before the coming into force of this subsection, provided conveyancing services to the public for a fee, gain or reward shall be annotated to the effect that he is an independent conveyancing practitioner; but that annotation shall be removed if he ceases to provide such services for a fee, gain or reward.”;

(e)in subsection (2)(b), for the words “(3) below” there is substituted “(11)(a) below and rules referred to in subsection (11B) below in so far as they relate to educational qualifications and practical training”;

(f)after subsection (2) there is inserted—

“(2A)The Council may charge such fee for registration under subsection (2) above as they may determine.”;

(g)subsection (3) is repealed;

(h)for subsection (4) there is substituted—

“(4)Where the Council—

(a)grant an application under subsection (2) above, they may attach such conditions as they may determine, and shall—

(i)record any such conditions against the applicant’s name in the register; and

(ii)give the applicant written reasons for any decision to attach such conditions;

(b)refuse such an application, they shall give the applicant written reasons for their decision.”;

(i)for subsection (5) there is substituted—

“(5)Where the Council—

(a)grant an application under subsection (2) above subject to conditions; or

(b)refuse such an application,

the applicant may, within 21 days of the date on which the Council’s decision is intimated to him, apply to the Council to review their decision.”;

(j)subsection (7) is repealed;

(k)for subsection (11) there is substituted—

“(11)The Council may make rules for regulating the conduct and practice of conveyancing practitioners, and such rules may, in particular, make provision with respect to—

(a)educational qualifications and practical training (including continuing professional development);

(b)the manner in which such practitioners conduct the provision of conveyancing services;

(c)complaints against such practitioners; and

(d)in the case of independent conveyancing practitioners—

(i)conflicts of interest;

(ii)the contractual obligations of such practitioners;

(iii)the holding of and accounting for clients' money;

(iv)the disclosure of and accounting for commission; and

(v)professional indemnity insurance and other arrangements for meeting claims by clients,

and, in respect of the matters referred to in paragraphs (a) to (c) above, different provision may be made for different cases or classes of case.

(11A)Rules made under subsection (11) above shall not have effect unless they have been approved by—

(a)the Lord President of the Court of Session; and

(b)subject to section 40 of this Act, the Scottish Ministers.

(11B)Any—

(a)rules as to the requirements to be satisfied by any person applying for registration as a qualified conveyancer; and

(b)regulations as to the conduct and practice of independent qualified conveyancers,

having effect immediately before the coming into force of this subsection shall have effect with respect to conveyancing practitioners and independent conveyancing practitioners respectively as if they were rules made under subsection (11) above which have been approved in accordance with subsection (11A) above; and the Council may amend or repeal any such rules or regulations.”;

(l)subsection (12) is repealed;

(m)in subsection (13)—

(i)the words “, and subject to subsection (14) below” are repealed; and

(ii)paragraph (a) and the word “and” immediately following it are repealed;

(n)subsections (14) and (15) are repealed;

(o)in subsection (16)—

(i)for the words “an independent” there is substituted “a”; and

(ii)for the words “regulations made under subsection (11)” there is substituted “any rules made under subsection (11) above, any rules and regulations referred to in subsection (11B)”; and

(p)in subsection (20), the words “under subsection (7) above” are repealed.

(4)In section 18 (executry practitioners)—

(a)for the word “Board” in each place where it appears there is substituted “Council”;

(b)for subsection (1) there is substituted—

“(1)The Council shall establish and maintain a register of executry practitioners, which shall be available for inspection by any person without charge.

(1A)The register shall include an entry in respect of any person who was registered in the register of executry practitioners maintained by the Scottish Conveyancing and Executry Services Board immediately before the coming into force of this subsection.”;

(c)in subsection (2), after the word “them” there is inserted “by a natural person”;

(d)after that subsection there is inserted—

“(2A)The Council may charge such fee for registration under subsection (2) above as they may determine.”;

(e)in subsection (3)—

(i)at the end of paragraph (a) there is inserted the word “and”;

(ii)in paragraph (b), for the words “prescribed by regulations made under subsection (10) below” there is substituted “of rules made under subsection (10)(a) below and regulations referred to in subsection (10B) below in so far as such regulations relate to educational qualifications and practical training”;

(iii)paragraph (c) and the word “and” immediately preceding it are repealed;

(f)in subsection (5), in paragraph (a)—

(i)after the word “shall” there is inserted “(i)”; and

(ii)at the end there is added “and

(ii)give the applicant written reasons for any decision to attach such conditions;”;

(g)in subsection (6), and in subsection (7) in the first place where it appears, for the word “it” there is substituted “him”;

(h)in subsection (8), for the words “its” and “it” there is substituted “his” and “he” respectively;

(i)for subsection (10) there is substituted—

“(10)The Council may make rules for regulating the conduct and practice of executry practitioners, and such rules may, in particular, make provision with respect to—

(a)educational qualifications and practical training (including continuing professional development);

(b)the manner in which such practitioners conduct the provision of executry services;

(c)complaints against such practitioners; and

(d)in the case of such practitioners who provide executry services to the public for a fee, gain or reward—

(i)conflicts of interest;

(ii)the contractual obligations of such practitioners;

(iii)the holding of and accounting for clients' money;

(iv)the disclosure of and accounting for commission; and

(v)professional indemnity insurance and other arrangements for meeting claims by clients,

and, in respect of the matters referred to in paragraphs (a) to (c) above, different provision may be made for different cases or classes of case.

(10A)Rules made under subsection (10) above shall not have effect unless they have been approved by—

(a)the Lord President of the Court of Session; and

(b)subject to section 40 of this Act, the Scottish Ministers.

(10B)Any regulations as to the conduct and practice of executry practitioners having effect immediately before the coming into force of this subsection shall have effect as if they were rules made under subsection (10) above which have been approved in accordance with subsection (10A) above; and the Council may amend or repeal any such regulations.”;

(j)subsection (11) is repealed;

(k)in subsection (12), for the words “regulations made under subsection (10)” there is substituted “any rules made under subsection (10) above, any regulations referred to in subsection (10B)”; and

(l)after subsection (13) there is inserted—

“(13A)Subject to subsection (13B) below, an executry practitioner who provides executry services to the public for a fee, gain or reward shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(13B)Subsection (13A) above shall not apply to an executry practitioner who, with the approval of the Scottish Conveyancing and Executry Services Board, provided executry services to the public for a fee, gain or reward at any time before the coming into force of that subsection.”.

(5)Section 19 is repealed.

(6)In section 20 (professional misconduct, inadequate professional services, etc.)—

(a)for the words “Board” and “Board's” in each place where they appear (except where they appear in subsections (3) and (17)) there is substituted “Council” and “Council's” respectively;

(b)for the words “qualified conveyancer” and “qualified conveyancers” in each place where they appear there is substituted “conveyancing practitioner” and “conveyancing practitioners” respectively;

(c)in subsection (1), in paragraph (c), for the words “regulations made under section 17(11) or 18(10)” there is substituted “rules made under section 17(11) or 18(10), or rules or regulations referred to in section 17(11B) or 18(10B),”;

(d)in subsection (2)—

(i)in paragraph (b), the words “or its” are repealed; and

(ii)paragraphs (d), (e) and (g) are repealed;

(e)after that subsection there is inserted—

“(2A)Where—

(a)after holding an inquiry into a complaint against a practitioner, the Scottish Solicitors' Discipline Tribunal are satisfied that—

(i)he has been guilty of professional misconduct; or

(ii)he has provided inadequate professional services; or

(b)a practitioner has been convicted by any court of an act involving dishonesty or has been sentenced to a term of imprisonment of not less than 2 years,

the Tribunal may take such of the steps set out in subsection (2B) below as they think fit.

(2B)The steps referred to in subsection (2A) above are—

(a)to suspend or revoke the registration of the practitioner;

(b)subject to subsection (3) below, to impose on the practitioner a fine not exceeding £10,000;

(c)to censure the practitioner; and

(d)any of the steps which the Council may take in respect of a practitioner under subsection (2)(a) to (f) above.”;

(f)in subsection (3), for the words “Board” and “Board's” there is substituted “Tribunal” and “Tribunal's” respectively;

(g)in that subsection and in subsection (4), for the words “(2)(e)” there is substituted “(2B)(b)”;

(h)in subsection (6)—

(i)for the word “they” there is substituted “, or the Scottish Solicitors' Discipline Tribunal, by virtue of subsection (2B)(d) above, make a similar direction, the Council or (as the case may be) the Tribunal”;

(ii)after the word “give” there is inserted “to the Council”; and

(iii)the words “or it” are repealed;

(i)in subsection (8)—

(i)for the words “or (d)” there is substituted “above or the Scottish Solicitors' Discipline Tribunal, by virtue of subsection (2B)(d) above, take a similar step or the Tribunal take a step set out in subsection (2B)(a)”;

(ii)for paragraph (a) there is substituted—

“(a)any period specified in this section for applying for review or for the making of an appeal in respect of the matter has expired without such a review having been applied for or such an appeal having been made;”;

(iii)in paragraph (b), after the word “application” in each place where it appears there is inserted “or appeal”;

(iv)in that paragraph, after the word “Board's” there is inserted “or, as the case may be, Tribunal's”; and

(v)for the word “they” there is substituted “the Council”;

(j)subsections (9) and (10) are repealed;

(k)in subsection (11)—

(i)for the word “(g)” there is substituted “(f)”;

(ii)in paragraph (a), the words “it or” are repealed; and

(iii)in paragraph (b), for the words from “it” in the first place where it appears to the end there is substituted “him, appeal to the Scottish Solicitors' Discipline Tribunal against the decision made in any such review; and the Tribunal may quash, confirm or vary that decision”;

(l)after subsection (11) there is inserted—

“(11A)Within 21 days of the date on which—

(a)the outcome of any appeal under subsection (11)(b) above; or

(b)the taking of any step referred to in subsection (2B) above,

is intimated to the practitioner concerned, he may appeal to the Court of Session against the decision made by the Tribunal in the appeal or, as the case may be, to take such a step; and the Court may make such order in the matter as it thinks fit.”;

(m)subsection (12) is repealed;

(n)in subsection (14), after the word “(2)” there is inserted “or (2B)”;

(o)in subsection (16), for the words “(2)(e)” there is substituted “(2B)(b)”; and

(p)in subsection (17)—

(i)the words “it or” in each place where they appear are repealed; and

(ii)for the word “Board's” there is substituted “Council’s or, as the case may be, Tribunal's”.

(7)After section 20 there is inserted—

“20AReview of decisions

(1)The Council shall establish a procedure under which they shall, on the application of any aggrieved person, review any relevant decision made by them.

(2)In subsection (1) above—

(a)“relevant decision” means–

(i)a refusal to grant an application for registration as a practitioner;

(ii)a decision to grant an application for registration as a practitioner subject to conditions; or

(iii)a decision to take any step set out in subsection (2)(a) to (f) of section 20 of this Act; and

(b)“aggrieved person” means the applicant or, as the case may be, the practitioner concerned.”.

(8)In section 21 (Board’s intervention powers)—

(a)for the word “Board” in each place where it appears there is substituted “Council”;

(b)for the words “qualified conveyancer” in each place where they appear there is substituted “conveyancing practitioner”; and

(c)in subsection (2)(c), for the words from “regulations” to “18(10)” there is substituted “any rules or regulations referred to in section 20(1)(c)”.

(9)After section 21 there is inserted—

“21APowers of investigation

(1)The Council may exercise the power conferred by subsection (3) below for any of the following purposes—

(a)an inquiry under subsection (1) of section 20 of this Act;

(b)a review under subsection (11)(a) of that section; and

(c)consideration by the Council whether to exercise the powers conferred on them by section 21 of this Act.

(2)The Scottish Solicitors' Discipline Tribunal may exercise the power conferred by subsection (3) below for any of the following purposes—

(a)an inquiry under subsection (2A) of section 20 of this Act; and

(b)an appeal under subsection (11)(b) of that section.

(3)The Council or, as the case may be, the Tribunal may give notice in writing to a practitioner specifying the subject matter of their investigation and requiring either or both of the following—

(a)the production or delivery to any person appointed by the Council or, as the case may be, the Tribunal, at a time and place specified in the notice, of such documents so specified as are in the possession or control of the practitioner and relate to the subject matter of the investigation;

(b)an explanation, within such period being not less than 21 days as the notice may specify, from the practitioner regarding the subject matter of the investigation.

(4)If a practitioner fails to comply with a notice under subsection (3)(a) above, the Council or, as the case may be, the Tribunal may apply to the Court of Session for an order requiring him to produce or deliver the documents to the person appointed at the place specified in the notice within such time as the court may order.

21BProcedures of the Scottish Solicitors' Discipline Tribunal etc.

(1)Paragraphs 7 to 9, 11, 13 to 15 and 18A to 22 of Schedule 4 to the Solicitors (Scotland) Act 1980 (c. 46) (which make provision as to certain powers and procedures of the Scottish Solicitors' Discipline Tribunal) apply in relation to complaints made against conveyancing and executry practitioners as they apply in relation to complaints against solicitors, but as if—

(a)in paragraph 8A, sub-paragraph (b) and the word “; or” immediately preceding it were omitted; and

(b)in paragraphs 9 and 19, the references to Part IV of that Act were references to sections 20 and 21A of this Act.

(2)Paragraphs 7, 8, 11, 13 to 15 and 18A to 22 of that Schedule to that Act apply in relation to any appeal under subsection (11)(b) of section 20 of this Act as they apply, by virtue of subsection (1) above, in relation to any complaint against conveyancing and executry practitioners, and—

(a)the modifications made to those paragraphs by paragraph 23(a), (b) and (d) of that Schedule apply for the purposes of that application of those paragraphs; and

(b)paragraphs 24 and 25 of that Schedule apply in relation to any such appeal as they apply in relation to an appeal to which those paragraphs apply, but as if the reference in paragraph 24 to Part IV of that Act were a reference to sections 20 and 21A of this Act.

(3)In the case of a decision by the Scottish Solicitors' Discipline Tribunal—

(a)to take any of the steps set out in subsection (2B) of section 20 of this Act; or

(b)in an appeal under subsection (11)(b) of that section,

subsection (4) below applies.

(4)Where this subsection applies and—

(a)no appeal has been made to the Court under subsection (11A) of section 20 of this Act against the decision; or

(b)such an appeal has been made but has—

(i)been withdrawn; or

(ii)resulted in the Tribunal’s decision being upheld,

the clerk of the Tribunal shall send to the Council a copy of the decision of the Tribunal certified by him and the decision of the Court in any such appeal.

(5)If the decision of the Tribunal so certified is to suspend or revoke the registration of the practitioner under paragraph (a) of subsection (2B) of section 20 of this Act, the Council shall—

(a)give effect to the decision; and

(b)cause a note of the effect of the decision to be entered against the name of the practitioner in the register of conveyancing practitioners or, as the case may be, of executry practitioners.

21CCompensation fund

(1)The Council shall establish and maintain a fund for the purpose of making grants to compensate persons who in the opinion of the Council have suffered pecuniary loss by reason of dishonesty in connection with the provision of—

(a)conveyancing services by or on behalf of an independent conveyancing practitioner; and

(b)executry services to the public for a fee, gain or reward by or on behalf of an executry practitioner.

(2)The Council may, for the purpose of guaranteeing the sufficiency of the fund mentioned in subsection (1) above, enter into a contract of insurance with any person authorised by law to carry out insurance business.

(3)The Scottish Ministers may—

(a)make contributions to the fund mentioned in subsection (1) above; and

(b)defray any premium, fee or other expense payable by the Council under or in relation to a contract entered into under subsection (2) above.

(4)The Council may, with the approval of the Scottish Ministers, make rules with regard to the operation of the fund mentioned in subsection (1) above and, without prejudice to the foregoing generality, such rules may make provision as to—

(a)contributions to be paid to the fund by independent conveyancing practitioners and by executry practitioners who provide executry services to the public for a fee, gain or reward;

(b)the procedure for making claims against the fund; and

(c)the administration, management and protection of the fund.

(5)The fund for the purpose of making grants to compensate persons by reason of dishonesty in connection with the provision of conveyancing and executry services maintained by the Scottish Conveyancing and Executry Services Board immediately before the coming into force of this subsection shall be transferred to and vested in the Council; and that fund shall be applied by the Council to the fund established under subsection (1) above.

(6)Any rules as to the fund transferred under subsection (5) above having effect immediately before the coming into force of this subsection shall have effect with respect to the fund established under subsection (1) above as if they were rules made under subsection (4) above; and the Council may amend or repeal any such rules.”.

(10)In section 22 (disclosure of documents etc)—

(a)for the words “qualified conveyancer” there is substituted “conveyancing practitioner”;

(b)in subsection (1)—

(i)in paragraph (a), the words “or its” are repealed;

(ii)paragraph (b) and the word “or” immediately preceding it are repealed; and

(iii)for the words “conveyancer, practitioner or institution” there is substituted “practitioner”; and

(c)in subsection (2)—

(i)after paragraph (a) there is inserted the word “and”; and

(ii)paragraph (c) and the word “and” immediately preceding it are repealed.

(11)In section 23 (interpretation of sections 16 to 22)—

(a)the definition of “the Board” is repealed;

(b)after that definition there is inserted—

  • ““conveyancing practitioner” means a person registered under section 17 in the register of conveyancing practitioners;”;

(c)in the definition of “conveyancing services”, after the word “thereto” there is inserted “, including (in the case of independent conveyancing practitioners) relevant notarial services”;

(d)after that definition there is inserted—

  • ““the Council” means the Council of the Law Society of Scotland;”;

(e)for the definition of “independent qualified conveyancer” there is substituted—

““independent conveyancing practitioner” means a conveyancing practitioner whose entry in the register of conveyancing practitioners has been annotated to that effect under section 17(1B);”;

(f)in the definition of “practitioner”, for the words “qualified conveyancer” there is substituted “conveyancing practitioner”;

(g)the definition of “qualified conveyancer” is repealed;

(h)the definition of “recognised financial institution” and the word “and” immediately preceding it are repealed; and

(i)at the end there is added “; and

“ “relevant notarial services” means the functions exercisable by independent conveyancing practitioners by virtue of section 14(1) and (2) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4).”.

(12)In section 33 (complaints in relation to legal services), in subsection (5)—

(a)in the definition of “professional organisation”, paragraph (c) is repealed; and

(b)in the definition of “practitioner”—

(i)in paragraph (b), after the word “solicitor” there is inserted “or a practitioner within the meaning of section 23 of this Act”; and

(ii)paragraph (c) is repealed.

(13)In section 34 (Scottish legal services ombudsman)—

(a)subsections (6), (7) and (8) are repealed; and

(b)in subsection (9)—

(i)paragraphs (c), (e) and (f) are repealed;

(ii)in paragraph (d), the words “subject to paragraph (e) below” are repealed; and

(iii)in paragraph (g), for the words “qualified conveyancers” there is substituted “conveyancing practitioners”.

(14)In section 40 (advisory and supervisory functions of Director)—

(a)in subsection (1)—

(i)in paragraph (a), for the words “making any regulations” there is substituted “approving any rules made”; and

(ii)in paragraph (b), sub-paragraph (i) and the word “or” immediately following it are repealed; and

(b)in subsection (2), the word “regulations,” is repealed.

(15)In section 42 (review of rules), in subsection (1)(a), the words “17(15) or” are repealed.

(16)Schedule 1 (Scottish Conveyancing and Executry Services Board) is repealed.

Commencement Information

I19Sch. 4 para. 12 in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

13SIn the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997—

(a)in section 69 (grants and loans for preservation and enhancement of conservation areas), subsections (4) to (6) are repealed;

(b)in section 71 (town scheme agreements), subsection (2) is repealed; and

(c)in section 72 (grants for repairing of buildings in town schemes), subsection (3) is repealed.

Commencement Information

I20Sch. 4 para. 13 in force at 31.5.2003 by S.S.I. 2003/219, art. 2(1)(c)

14SIn the National Health Service (Primary Care) Act 1997—

(a)in section 5 (approval of pilot schemes), subsection (5) is repealed.

(b)in section 33 (medical lists and vacancies: Scotland), subsection (2) is repealed;

(c)in Schedule 2 (minor and consequential amendments)—

(i)paragraph 33; and

(ii)paragraph 42,

are repealed.

(d)in Schedule 3 (repeals and revocations), the entries relating to the repeal of—

(i)certain words in section 3 of the 1978 Act;

(ii)section 20 of that Act; and

(iii)certain words in section 24 of that Act,

are repealed.

Commencement Information

I21Sch. 4 para. 14 in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

15SIn the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies) the entries relating to—

(a)the Scottish Medical Practices Committee; and

(b)the Scottish Conveyancing and Executry Services Board,

are repealed.

Commencement Information

I22Sch. 4 para. 15(a) in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

I23Sch. 4 para. 15(b) in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

16SIn the Scottish Public Services Ombudsman Act 2002, in Part 2 of schedule 2 (listed authorities)—

(a)the paragraph relating to the Scottish Medical Practices Committee is repealed; F89...

(b)F89...

Textual Amendments

Commencement Information

I24Sch. 4 para. 16(a) in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

17SIn the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—

(a)in Part 4, the paragraphs relating to—

(i)the Scottish Hospital Trust; and

(ii)the Scottish Medical Practices Committee,

are repealed;

(b)in Part 7, the paragraphs relating to—

(i)the Ancient Monuments Board for Scotland;

(ii)the Historic Buildings Council for Scotland; and

(iii)the Scottish Conveyancing and Executry Services Board,

are repealed; and

(c)in that Part—

F90(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(...)after paragraph 67 there is inserted—

“67AThe Historic Environment Advisory Council for Scotland.”.

Textual Amendments

F90Sch. 4 para. 17(c)(i) and sub-para number (ii) repealed (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 1 para. 19 (with s. 31(6), sch. 7)

Commencement Information

I25Sch. 4 para. 17(a)(i) in force at 6.5.2004 by S.S.I. 2004/198, art. 2(c)

I26Sch. 4 para. 17(a)(ii) in force at 1.4.2004 by S.S.I. 2004/148, art. 2(c)

I27Sch. 4 para. 17(b)(iii) in force at 15.8.2003 by S.S.I. 2003/384, art. 2(d)

I28Sch. 4 para. 17(c)(ii) in force at 1.6.2003 by S.S.I. 2003/219, art. 2(2)(c)