Part II Legal Services

Conveyancing and executry services

23 Interpretation of sections 16 to 22.

In sections 16 to 22 of this Act and this section, except where the context otherwise requires—

  • “the Board” means the Scottish Conveyancing and Executry Services Board;

  • “conveyancing services” means the preparation of writs, contracts and other documents in connection with the transfer of heritable property and loans secured over such property, and services ancillary thereto, but does not include any services—

a

relating to the arranging of a loan; or

b

falling within section 1(1)(a) of the M1Estate Agents Act 1979;

  • “executry practitioner” means a person registered under section 18 in the register of executry practitioners;

  • “executry services” means the drawing and preparation of papers on which to found or oppose an application for a grant of confirmation of executors and services in connection with the administration, ingathering, distribution and winding up of the estate of a deceased person by executors, but does not include anything which constitutes investment business within the meaning of the M2Financial Services Act 1986;

  • “inadequate professional services” means professional services which are in any respect not of the quality which could reasonably be expected of a competent practitioner; and references to the provision of inadequate professional services shall be construed as including references to not providing professional services which such a practitioner ought to have provided;

  • “independent qualified conveyancer” means a person registered as such under section 17(7) in the register of qualified conveyancers;

  • “practitioner” means an executry practitioner or a qualified conveyancer;

  • “qualified conveyancer” means a person registered under section 17 in the register of qualified conveyancers; and

  • “recognised financial institution” has the meaning given to it in section 19(2).