Office of Public Sector Information

21B Procedures of the Scottish Solicitors' Discipline Tribunal etc.

(1) Paragraphs 7 to 9, 11, 13 to 15 and 18A to 22 of Schedule 4 to the Solicitors (Scotland) Act 1980 (c. 46) (which make provision as to certain powers and procedures of the Scottish Solicitors' Discipline Tribunal) apply in relation to complaints made against conveyancing and executry practitioners as they apply in relation to complaints against solicitors, but as if—

(a) in paragraph 8A, sub-paragraph (b) and the word “; or” immediately preceding it were omitted; and

(b) in paragraphs 9 and 19, the references to Part IV of that Act were references to sections 20 and 21A of this Act.

(2) Paragraphs 7, 8, 11, 13 to 15 and 18A to 22 of that Schedule to that Act apply in relation to any appeal under subsection (11)(b) of section 20 of this Act as they apply, by virtue of subsection (1) above, in relation to any complaint against conveyancing and executry practitioners, and—

(a) the modifications made to those paragraphs by paragraph 23(a), (b) and (d) of that Schedule apply for the purposes of that application of those paragraphs; and

(b) paragraphs 24 and 25 of that Schedule apply in relation to any such appeal as they apply in relation to an appeal to which those paragraphs apply, but as if the reference in paragraph 24 to Part IV of that Act were a reference to sections 20 and 21A of this Act.

(3) In the case of a decision by the Scottish Solicitors' Discipline Tribunal—

(a) to take any of the steps set out in subsection (2B) of section 20 of this Act; or

(b) in an appeal under subsection (11)(b) of that section,

subsection (4) below applies.

(4) Where this subsection applies and—

(a) no appeal has been made to the Court under subsection (11A) of section 20 of this Act against the decision; or

(b) such an appeal has been made but has—

(i) been withdrawn; or

(ii) resulted in the Tribunal’s decision being upheld,

the clerk of the Tribunal shall send to the Council a copy of the decision of the Tribunal certified by him and the decision of the Court in any such appeal.

(5) If the decision of the Tribunal so certified is to suspend or revoke the registration of the practitioner under paragraph (a) of subsection (2B) of section 20 of this Act, the Council shall—

(a) give effect to the decision; and

(b) cause a note of the effect of the decision to be entered against the name of the practitioner in the register of conveyancing practitioners or, as the case may be, of executry practitioners.

21C Compensation fund

(1) The Council shall establish and maintain a fund for the purpose of making grants to compensate persons who in the opinion of the Council have suffered pecuniary loss by reason of dishonesty in connection with the provision of—

(a) conveyancing services by or on behalf of an independent conveyancing practitioner; and

(b) executry services to the public for a fee, gain or reward by or on behalf of an executry practitioner.

(2) The Council may, for the purpose of guaranteeing the sufficiency of the fund mentioned in subsection (1) above, enter into a contract of insurance with any person authorised by law to carry out insurance business.

(3) The Scottish Ministers may—

(a) make contributions to the fund mentioned in subsection (1) above; and

(b) defray any premium, fee or other expense payable by the Council under or in relation to a contract entered into under subsection (2) above.

(4) The Council may, with the approval of the Scottish Ministers, make rules with regard to the operation of the fund mentioned in subsection (1) above and, without prejudice to the foregoing generality, such rules may make provision as to—

(a) contributions to be paid to the fund by independent conveyancing practitioners and by executry practitioners who provide executry services to the public for a fee, gain or reward;

(b) the procedure for making claims against the fund; and

(c) the administration, management and protection of the fund.

(5) The fund for the purpose of making grants to compensate persons by reason of dishonesty in connection with the provision of conveyancing and executry services maintained by the Scottish Conveyancing and Executry Services Board immediately before the coming into force of this subsection shall be transferred to and vested in the Council; and that fund shall be applied by the Council to the fund established under subsection (1) above.

(6) Any rules as to the fund transferred under subsection (5) above having effect immediately before the coming into force of this subsection shall have effect with respect to the fund established under subsection (1) above as if they were rules made under subsection (4) above; and the Council may amend or repeal any such rules.”.

(10) In section 22 (disclosure of documents etc)—

(a) for the words “qualified conveyancer” there is substituted “conveyancing practitioner”;

(b) in subsection (1)—

(i) in paragraph (a), the words “or its” are repealed;

(ii) paragraph (b) and the word “or” immediately preceding it are repealed; and

(iii) for the words “conveyancer, practitioner or institution” there is substituted “practitioner”; and

(c) in subsection (2)—

(i) after paragraph (a) there is inserted the word “and”; and

(ii) paragraph (c) and the word “and” immediately preceding it are repealed.

(11) In section 23 (interpretation of sections 16 to 22)—

(a) the definition of “the Board” is repealed;

(b) after that definition there is inserted—

““conveyancing practitioner” means a person registered under section 17 in the register of conveyancing practitioners;”;

(c) in the definition of “conveyancing services”, after the word “thereto” there is inserted “, including (in the case of independent conveyancing practitioners) relevant notarial services”;

(d) after that definition there is inserted—

““the Council” means the Council of the Law Society of Scotland;”;

(e) for the definition of “independent qualified conveyancer” there is substituted—

““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);”;

(f) in the definition of “practitioner”, for the words “qualified conveyancer” there is substituted “conveyancing practitioner”;

(g) the definition of “qualified conveyancer” is repealed;

(h) the definition of “recognised financial institution” and the word “and” immediately preceding it are repealed; and

(i) at the end there is added “; and

““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).”.

(12) In section 33 (complaints in relation to legal services), in subsection (5)—

(a) in the definition of “professional organisation”, paragraph (c) is repealed; and

(b) in the definition of “practitioner”—

(i) in paragraph (b), after the word “solicitor” there is inserted “or a practitioner within the meaning of section 23 of this Act”; and

(ii) paragraph (c) is repealed.

(13) In section 34 (Scottish legal services ombudsman)—

(a) subsections (6), (7) and (8) are repealed; and

(b) in subsection (9)—

(i) paragraphs (c), (e) and (f) are repealed;

(ii) in paragraph (d), the words “subject to paragraph (e) below” are repealed; and

(iii) in paragraph (g), for the words “qualified conveyancers” there is substituted “conveyancing practitioners”.

(14) In section 40 (advisory and supervisory functions of Director)—

(a) in subsection (1)—

(i) in paragraph (a), for the words “making any regulations” there is substituted “approving any rules made”; and

(ii) in paragraph (b), sub-paragraph (i) and the word “or” immediately following it are repealed; and

(b) in subsection (2), the word “regulations,” is repealed.

(15) In section 42 (review of rules), in subsection (1)(a), the words “17(15) or” are repealed.

(16) Schedule 1 (Scottish Conveyancing and Executry Services Board) is repealed.

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9)

13 In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997—

(a) in section 69 (grants and loans for preservation and enhancement of conservation areas), subsections (4) to (6) are repealed;

(b) in section 71 (town scheme agreements), subsection (2) is repealed; and

(c) in section 72 (grants for repairing of buildings in town schemes), subsection (3) is repealed.

National Health Service (Primary Care) Act 1997 (c. 46)

14 In the National Health Service (Primary Care) Act 1997—

(a) in section 5 (approval of pilot schemes), subsection (5) is repealed.

(b) in section 33 (medical lists and vacancies: Scotland), subsection (2) is repealed;

(c) in Schedule 2 (minor and consequential amendments)—

(i) paragraph 33; and

(ii) paragraph 42,

are repealed.

(d) in Schedule 3 (repeals and revocations), the entries relating to the repeal of—

(i) certain words in section 3 of the 1978 Act;

(ii) section 20 of that Act; and

(iii) certain words in section 24 of that Act,

are repealed.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

15 In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies) the entries relating to—

(a) the Scottish Medical Practices Committee; and

(b) the Scottish Conveyancing and Executry Services Board,

are repealed.

Scottish Public Services Ombudsman Act 2002 (asp 11)

16 In the Scottish Public Services Ombudsman Act 2002, in Part 2 of schedule 2 (listed authorities)—

(a) the paragraph relating to the Scottish Medical Practices Committee is repealed; and

(b) after paragraph 21 there is inserted—

“21A The Commissioner for Public Appointments in Scotland.”.

Freedom of Information (Scotland) Act 2002 (asp 13)

17 In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—

(a) in Part 4, the paragraphs relating to—

(i) the Scottish Hospital Trust; and

(ii) the Scottish Medical Practices Committee,

are repealed;

(b) in Part 7, the paragraphs relating to—

(i) the Ancient Monuments Board for Scotland;

(ii) the Historic Buildings Council for Scotland; and

(iii) the Scottish Conveyancing and Executry Services Board,

are repealed; and

(c) in that Part—

(i) after paragraph 62 there is inserted—

“62A The Commissioner for Public Appointments in Scotland.”; and

(ii) after paragraph 67 there is inserted—

“67A The Historic Environment Advisory Council for Scotland.”.