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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Section 22 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 22:
- s. 21A(1)(c) words substituted by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21A(1)(c) words substituted by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
22 Disclosure of documents etc.S
(1)Any communication made to or by—
(a)an independent [F1conveyancing practitioner] or an executry practitioner in the course of his F2... acting as such for a client; or
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall in any action or proceedings in any court be protected from disclosure on the ground of confidentiality between client and professional legal adviser in like manner as if the [F4practitioner] had at all material times been a solicitor acting for the client.
(2)Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to confidentiality between client and professional legal adviser could be maintained, shall, with any necessary modifications, have effect in relation to—
(a)an independent [F1conveyancing practitioner]; [F5and]
(b)an executry practitioner; F6...
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as it has effect in relation to a solicitor.
Textual Amendments
F1Words in s. 22 substituted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(10)(a); S.S.I. 2003/384, art. 2(d)
F2Words in s. 22(1)(a) repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(10)(b)(i); S.S.I. 2003/384, art. 2(d)
F3S. 22(1)(b) and word repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(10)(b)(ii); S.S.I. 2003/384, art. 2(d)
F4Word in s. 22(1) substituted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(10)(b)(iii); S.S.I. 2003/384, art. 2(d)
F5Word in s. 22(2) inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(10)(c)(i); S.S.I. 2003/384, art. 2(d)
F6S. 22(2)(c) and word repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(10)(c)(ii); S.S.I. 2003/384, art. 2(d)
Commencement Information
I1S. 22 partly in force; s. 22 not in force at Royal Assent see 75(2); s. 22(1)(a)(2)(a)(b) in force at 1.3.1997 by S.I. 1996/2894, art. 3, Sch. and S.I. 1996/2966, art. 2
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