Part IIS Legal Services

Conveyancing and executry servicesS

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...

  • [F2complainer ” 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; ]

  • [F3conveyancing 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;

  • [F5the Council ” means the Council of the Law Society of Scotland; ]

  • [F6the 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...

  • [F9independent 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...

  • F12... [F13and

  • 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). ]

  • [F14the Tribunal ” means the Scottish Solicitors' Discipline Tribunal; ]

  • [F14unsatisfactory 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

F7Words in the definition of “executry services” in s. 23 substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 233

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