In sections 16 to 22 of this Act and this section, except where the context otherwise requires—
F1...
[F2 “ complainer ” means the person who made the complaint and, where the complaint was made by the person on behalf of another person, includes that other person; ]
[F3 “ 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[F4, 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;
[F5 “ the Council ” means the Council of the Law Society of Scotland; ]
[F6 “ the court ” means the Court of Session; ]
“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 [F7carrying on a regulated activity within the meaning of the Financial Services and Markets Act 2000];
F8...
[F9 “ 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 [F10conveyancing practitioner];
F11...
“ 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). ]
[F14 “ the Tribunal ” means the Scottish Solicitors' Discipline Tribunal; ]
[F14 “ unsatisfactory professional conduct ” has the meaning given (as respects a conveyancing practitioner or, as the case may be, an executry practitioner) by section 46 of the 2007 Act ]
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F1Definition in s. 23 repealed (15.8.2003) by Public Appointments and Public Bodies etc.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 "complainer" in s. 23 inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(9)(a) (with s. 77); S.S.I. 2008/311, art. 2(i)
F3Definition "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)
F4Words 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)
F5Definition "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)
F6Definition "the court" in s. 23 inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(9)(b) (with s. 77); S.S.I. 2008/311, art. 2(i)
F7Words in the definition of “executry services” in s. 23 substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 233
F8Definition in s. 23 repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(9)(c) (with s. 77); S.S.I. 2008/311, art. 2(i)
F9Definition 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)
F10Words 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)
F11Definition 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)
F12Definition 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)
F13Definition "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)
F14Definitions "the Tribunal" and "unsatisfactory professional conduct" in s. 23 inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(9)(d) (with s. 77); S.S.I. 2008/311, art. 2(i)
Commencement Information
I1S. 23 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule.
Marginal Citations