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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Section 23 is up to date with all changes known to be in force on or before 10 February 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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23 Interpretation of sections 16 to 22.S
In sections 16 to 22 of this Act and this section, except where the context otherwise requires—
F1...
[F2“conveyancing practitioner” means a person registered under section 17 in the register of conveyancing practitioners;]
“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[F3, including (in the case of independent conveyancing practitioners) relevant notarial services], 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;
[F4“the Council” means the Council of the Law Society of Scotland;]
“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 [F5carrying on a regulated activity within the meaning of the Financial Services and Markets Act 2000];
“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;
[F6“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);]
“practitioner” means an executry practitioner or a [F7conveyancing practitioner];
“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).]
Textual Amendments
F1Definition in s. 23 repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(a); S.S.I. 2003/384, art. 2(d)
F2Definition "conveyancing practitioner" in s. 23 inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(b); S.S.I. 2003/384, art. 2(d)
F3Words in s. 23 inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(c); S.S.I. 2003/384, art. 2(d)
F4Definition "the Council" in s. 23 inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(d); S.S.I. 2003/384, art. 2(d)
F5Words in the definition of “executry services” in s. 23 substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 233
F6Definition in s. 23 substituted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(e); S.S.I. 2003/384, art. 2(d)
F7Words in s. 23 substituted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(f); S.S.I. 2003/384, art. 2(d)
F8Definition in s. 23 repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(g); S.S.I. 2003/384, art. 2(d)
F9Definition in s. 23 and word preceding it repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(h); S.S.I. 2003/384, art. 2(d)
F10Definition "relevant notarial services" in s. 23 added (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(11)(i); S.S.I. 2003/384, art. 2(d)
Commencement Information
I1S. 23 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule.
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