(introduced by section 17)
1 In section 2 (petition to Commissary to be substituted) of the Confirmation of Executors (Scotland) Act 1858, the words “or a recognised financial institution providing executry services” are repealed.
2 In the Historic Buildings and Ancient Monuments Act 1953—
(a) section 2 (Historic Buildings Council for Scotland) is repealed except in so far as it applies, by virtue of section 3(3) of that Act, to the Historic Buildings Council for Wales;
(b) in section 3(3) (Historic Buildings Council for Wales), for the words from “apply” in the second place where it appears to the end there is substituted “applied to the Historic Buildings Council for Scotland immediately before the coming into force of paragraph 2(a) of schedule 4 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)”; and
(c) in section 9 (interpretation), in subsection (1)—
(i) paragraph (b) is repealed; and
(ii) for the words “paragraphs (b) and” there is substituted “paragraph”.
3 In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (offices disqualifying for membership)—
(a) in the entry relating to Medical Practices Committees, the words from “or” to the end are repealed; and
(b) the entry relating to the Scottish Conveyancing and Executry Services Board is repealed.
4 In the Race Relations Act 1976, in Part II of Schedule 1A (bodies and other persons subject to general statutory duty), the paragraphs relating to—
(a) the Ancient Monuments Board for Scotland;
(b) the Historic Buildings Council for Scotland;
(c) the Scottish Hospital Trust;
(d) the Scottish Medical Practices Committee; and
(e) the Scottish Conveyancing and Executry Services Board,
are repealed.
5 (1) The 1978 Act is amended in accordance with this paragraph.
(2) Section 3 is repealed.
(3) Section 11 is repealed.
(4) In section 19A (medical lists), in subsection (2)(b), the words “nominated or” are repealed;
(5) In section 19B (vacancies for medical practitioners), in subsection (2)—
(a) in paragraph (a), for the words from the beginning to “to” in the second place where it appears there is substituted “the determination by a Health Board of”;
(b) for paragraph (b) there is substituted—
“(b) any consultation which a Health Board is to undertake before making such a determination.”;
(c) in paragraph (c), for the words “Medical Practices Committee” there is substituted “Health Board”; and
(d) in paragraph (e), for the word “nomination” there is substituted “approval”.
(6) In section 20 (applications to provide general medical services)—
(a) in subsection (1), for the words from “referred” to “Committee” in the second place where it appears there is substituted “considered by the Board and any medical practitioner whose application is granted by the Board”; and
(b) in subsection (1A)—
(i) the words “be entitled to” are repealed;
(ii) for the words “referred to the Medical Practices Committee” there is substituted “granted by the Board”; and
(iii) the words from “; and” to the end are repealed.
(7) In section 21 (requirement of suitable experience), in subsection (1), the words “nominated or” are repealed.
(8) In section 22 (regulations as to section 21), in the definition of “applicant”, the words “nominated or” are repealed.
(9) In section 23 (distribution of general medical services), in subsection (1B), for the words from “as” in the second place where it appears to “secure” there is substituted “for the purpose of securing”.
(10) Section 24 is repealed.
(11) In section 77 (default powers), paragraph (b) of subsection (1) is repealed.
(12) In section 85 (expenses of certain bodies), paragraph (c) of subsection (1) is repealed.
(13) In section 88 (payments to members of certain bodies)—
(a) in subsection (1), paragraph (a) is repealed; and
(b) in subsection (2), paragraph (a) is repealed.
(14) In section 108(1) (interpretation), the entries relating to the Hospital Trust and the Medical Practices Committee are repealed.
(15) In Schedule 1 (health boards), paragraphs 16 and 17 are repealed.
(16) Schedule 2 is repealed.
(17) Schedule 6 is repealed.
(18) In Schedule 9 (additional provisions as to prohibition of sale of medical practices), in paragraph 1—
(a) in sub-paragraph (2), for the words “Medical Practices Committee” there is substituted “Health Board which has arrangements with the practitioners of the medical practice for the provision by them of general medical services”;
(b) in sub-paragraph (3)—
(i) for the words “The Committee” in the first place where they appear there is substituted “That Health Board”;
(ii) for the words “the Committee” in the second place where they appear there is substituted “the Board”;
(c) in sub-paragraph (4), for the words “Medical Practices Committee” there is substituted “Health Board;
(d) in sub-paragraph (6), for the word “Committee” there is substituted “Board”; and
(e) in sub-paragraph (7), for the words “The Medical Practices Committee” there is substituted “A Health Board”.
6 In the Ancient Monuments and Archaeological Areas Act 1979—
(a) in section 22 (Ancient Monuments Boards)—
(i) in subsection (1), paragraph (b) and the word “and” immediately following it are repealed;
(ii) subsection (3) is repealed; and
(iii) in subsection (5), paragraph (b) and the word “and” immediately following it are repealed; and
(b) in section 23 (annual reports of Ancient Monuments Boards)—
(i) the words from the beginning to the word “and” in the first place where it appears are repealed;
(ii) the word “each” in the first place where it appears is repealed; and
(iii) for the words “them” and “their” there is substituted “it” and “its” respectively.
7 In section 32 (offence for unqualified persons to prepare certain documents) of the 1980 Act, in subsection (2A), for the words “qualified conveyancer” there is substituted “conveyancing practitioner”.
8 In section 54 (clarification of certain investment powers) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985—
(a) subsection (1) in so far as it relates to Schedule 6 to the 1978 Act; and
(b) subsection (2),
are repealed.
9 In section 43A (application of Act to services provided under the 1990 Act) of the Legal Aid (Scotland) Act 1986, in subsection (1)—
(a) the words “and recognised financial institutions” are repealed; and
(b) for the words “qualified conveyancers” there is substituted “conveyancing practitioners”.
10 In the Electricity Act 1989, in paragraph 4(2) of Schedule 9 (preservation of amenity and fisheries), the words from “, the” to “Scotland” in the second place where it appears are repealed.
11 In the National Health Service and Community Care Act 1990—
(a) in section 39 (distribution of general medical services), subsection (7) is repealed; and
(b) in Schedule 9 (minor and consequential amendments), sub-paragraphs (2) and (24) of paragraph 19 are repealed.
12 (1) The 1990 Act is amended in accordance with this paragraph.
(2) For section 16 (the Scottish Conveyancing and Executry Services Board) there is substituted—
(1) The Council of the Law Society of Scotland have the function of regulating the provision of conveyancing and executry services under sections 17 to 23 of this Act.
(2) The Scottish Ministers may make grants to the Council towards expenses incurred, or to be incurred, by them in connection with the exercise of that function.
(3) Any grant made under subsection (2) above may be made subject to such terms and conditions (including conditions as to repayment) as the Scottish Ministers consider appropriate and they may vary such terms and conditions after the grant is made.”.
(3) In section 17 (qualified conveyancers)—
(a) for the word “Board” in each place where it appears there is substituted “Council”;
(b) for the words “qualified conveyancer” and “qualified conveyancers” in each place where they appear there is substituted “conveyancing practitioner” and “conveyancing practitioners” respectively;
(c) for the words “conveyancer” and “conveyancers” in each of the other places where they appear there is substituted “practitioner” and “practitioners” respectively;
(d) for subsection (1) there is substituted—
“(1) The Council shall establish and maintain a register of conveyancing practitioners, which shall be available for inspection by any person without charge.
(1A) The register shall include an entry in respect of any person who was registered in the register of qualified conveyancers maintained by the Scottish Conveyancing and Executry Services Board immediately before the coming into force of this subsection.
(1B) The entry in the register in respect of any such person who, immediately before the coming into force of this subsection, provided conveyancing services to the public for a fee, gain or reward shall be annotated to the effect that he is an independent conveyancing practitioner; but that annotation shall be removed if he ceases to provide such services for a fee, gain or reward.”;
(e) in subsection (2)(b), for the words “(3) below” there is substituted “(11)(a) below and rules referred to in subsection (11B) below in so far as they relate to educational qualifications and practical training”;
(f) after subsection (2) there is inserted—
“(2A) The Council may charge such fee for registration under subsection (2) above as they may determine.”;
(g) subsection (3) is repealed;
(h) for subsection (4) there is substituted—
“(4) Where the Council—
(a) grant an application under subsection (2) above, they may attach such conditions as they may determine, and shall—
(i) record any such conditions against the applicant’s name in the register; and
(ii) give the applicant written reasons for any decision to attach such conditions;
(b) refuse such an application, they shall give the applicant written reasons for their decision.”;
(i) for subsection (5) there is substituted—
“(5) Where the Council—
(a) grant an application under subsection (2) above subject to conditions; or
(b) refuse such an application,
the applicant may, within 21 days of the date on which the Council’s decision is intimated to him, apply to the Council to review their decision.”;
(j) subsection (7) is repealed;
(k) for subsection (11) there is substituted—
“(11) The Council may make rules for regulating the conduct and practice of conveyancing practitioners, and such rules may, in particular, make provision with respect to—
(a) educational qualifications and practical training (including continuing professional development);
(b) the manner in which such practitioners conduct the provision of conveyancing services;
(c) complaints against such practitioners; and
(d) in the case of independent conveyancing practitioners—
(i) conflicts of interest;
(ii) the contractual obligations of such practitioners;
(iii) the holding of and accounting for clients' money;
(iv) the disclosure of and accounting for commission; and
(v) professional indemnity insurance and other arrangements for meeting claims by clients,
and, in respect of the matters referred to in paragraphs (a) to (c) above, different provision may be made for different cases or classes of case.
(11A) Rules made under subsection (11) above shall not have effect unless they have been approved by—
(a) the Lord President of the Court of Session; and
(b) subject to section 40 of this Act, the Scottish Ministers.
(11B) Any—
(a) rules as to the requirements to be satisfied by any person applying for registration as a qualified conveyancer; and
(b) regulations as to the conduct and practice of independent qualified conveyancers,
having effect immediately before the coming into force of this subsection shall have effect with respect to conveyancing practitioners and independent conveyancing practitioners respectively as if they were rules made under subsection (11) above which have been approved in accordance with subsection (11A) above; and the Council may amend or repeal any such rules or regulations.”;
(l) subsection (12) is repealed;
(m) in subsection (13)—
(i) the words “, and subject to subsection (14) below” are repealed; and
(ii) paragraph (a) and the word “and” immediately following it are repealed;
(n) subsections (14) and (15) are repealed;
(o) in subsection (16)—
(i) for the words “an independent” there is substituted “a”; and
(ii) for the words “regulations made under subsection (11)” there is substituted “any rules made under subsection (11) above, any rules and regulations referred to in subsection (11B)”; and
(p) in subsection (20), the words “under subsection (7) above” are repealed.
(4) In section 18 (executry practitioners)—
(a) for the word “Board” in each place where it appears there is substituted “Council”;
(b) for subsection (1) there is substituted—
“(1) The Council shall establish and maintain a register of executry practitioners, which shall be available for inspection by any person without charge.
(1A) The register shall include an entry in respect of any person who was registered in the register of executry practitioners maintained by the Scottish Conveyancing and Executry Services Board immediately before the coming into force of this subsection.”;
(c) in subsection (2), after the word “them” there is inserted “by a natural person”;
(d) after that subsection there is inserted—
“(2A) The Council may charge such fee for registration under subsection (2) above as they may determine.”;
(e) in subsection (3)—
(i) at the end of paragraph (a) there is inserted the word “and”;
(ii) in paragraph (b), for the words “prescribed by regulations made under subsection (10) below” there is substituted “of rules made under subsection (10)(a) below and regulations referred to in subsection (10B) below in so far as such regulations relate to educational qualifications and practical training”;
(iii) paragraph (c) and the word “and” immediately preceding it are repealed;
(f) in subsection (5), in paragraph (a)—
(i) after the word “shall” there is inserted “(i)”; and
(ii) at the end there is added “and
(ii) give the applicant written reasons for any decision to attach such conditions;”;
(g) in subsection (6), and in subsection (7) in the first place where it appears, for the word “it” there is substituted “him”;
(h) in subsection (8), for the words “its” and “it” there is substituted “his” and “he” respectively;
(i) for subsection (10) there is substituted—
“(10) The Council may make rules for regulating the conduct and practice of executry practitioners, and such rules may, in particular, make provision with respect to—
(a) educational qualifications and practical training (including continuing professional development);
(b) the manner in which such practitioners conduct the provision of executry services;
(c) complaints against such practitioners; and
(d) in the case of such practitioners who provide executry services to the public for a fee, gain or reward—
(i) conflicts of interest;
(ii) the contractual obligations of such practitioners;
(iii) the holding of and accounting for clients' money;
(iv) the disclosure of and accounting for commission; and
(v) professional indemnity insurance and other arrangements for meeting claims by clients,
and, in respect of the matters referred to in paragraphs (a) to (c) above, different provision may be made for different cases or classes of case.
(10A) Rules made under subsection (10) above shall not have effect unless they have been approved by—
(a) the Lord President of the Court of Session; and
(b) subject to section 40 of this Act, the Scottish Ministers.
(10B) Any regulations as to the conduct and practice of executry practitioners having effect immediately before the coming into force of this subsection shall have effect as if they were rules made under subsection (10) above which have been approved in accordance with subsection (10A) above; and the Council may amend or repeal any such regulations.”;
(j) subsection (11) is repealed;
(k) in subsection (12), for the words “regulations made under subsection (10)” there is substituted “any rules made under subsection (10) above, any regulations referred to in subsection (10B)”; and
(l) after subsection (13) there is inserted—
“(13A) Subject to subsection (13B) below, an executry practitioner who provides executry services to the public for a fee, gain or reward shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(13B) Subsection (13A) above shall not apply to an executry practitioner who, with the approval of the Scottish Conveyancing and Executry Services Board, provided executry services to the public for a fee, gain or reward at any time before the coming into force of that subsection.”.
(5) Section 19 is repealed.
(6) In section 20 (professional misconduct, inadequate professional services, etc.)—
(a) for the words “Board” and “Board's” in each place where they appear (except where they appear in subsections (3) and (17)) there is substituted “Council” and “Council's” respectively;
(b) for the words “qualified conveyancer” and “qualified conveyancers” in each place where they appear there is substituted “conveyancing practitioner” and “conveyancing practitioners” respectively;
(c) in subsection (1), in paragraph (c), for the words “regulations made under section 17(11) or 18(10)” there is substituted “rules made under section 17(11) or 18(10), or rules or regulations referred to in section 17(11B) or 18(10B),”;
(d) in subsection (2)—
(i) in paragraph (b), the words “or its” are repealed; and
(ii) paragraphs (d), (e) and (g) are repealed;
(e) after that subsection there is inserted—
“(2A) Where—
(a) after holding an inquiry into a complaint against a practitioner, the Scottish Solicitors' Discipline Tribunal are satisfied that—
(i) he has been guilty of professional misconduct; or
(ii) he has provided inadequate professional services; or
(b) a practitioner has been convicted by any court of an act involving dishonesty or has been sentenced to a term of imprisonment of not less than 2 years,
the Tribunal may take such of the steps set out in subsection (2B) below as they think fit.
(2B) The steps referred to in subsection (2A) above are—
(a) to suspend or revoke the registration of the practitioner;
(b) subject to subsection (3) below, to impose on the practitioner a fine not exceeding £10,000;
(c) to censure the practitioner; and
(d) any of the steps which the Council may take in respect of a practitioner under subsection (2)(a) to (f) above.”;
(f) in subsection (3), for the words “Board” and “Board's” there is substituted “Tribunal” and “Tribunal's” respectively;
(g) in that subsection and in subsection (4), for the words “(2)(e)” there is substituted “(2B)(b)”;
(h) in subsection (6)—
(i) for the word “they” there is substituted “, or the Scottish Solicitors' Discipline Tribunal, by virtue of subsection (2B)(d) above, make a similar direction, the Council or (as the case may be) the Tribunal”;
(ii) after the word “give” there is inserted “to the Council”; and
(iii) the words “or it” are repealed;
(i) in subsection (8)—
(i) for the words “or (d)” there is substituted “above or the Scottish Solicitors' Discipline Tribunal, by virtue of subsection (2B)(d) above, take a similar step or the Tribunal take a step set out in subsection (2B)(a)”;
(ii) for paragraph (a) there is substituted—
“(a) any period specified in this section for applying for review or for the making of an appeal in respect of the matter has expired without such a review having been applied for or such an appeal having been made;”;
(iii) in paragraph (b), after the word “application” in each place where it appears there is inserted “or appeal”;
(iv) in that paragraph, after the word “Board's” there is inserted “or, as the case may be, Tribunal's”; and
(v) for the word “they” there is substituted “the Council”;
(j) subsections (9) and (10) are repealed;
(k) in subsection (11)—
(i) for the word “(g)” there is substituted “(f)”;
(ii) in paragraph (a), the words “it or” are repealed; and
(iii) in paragraph (b), for the words from “it” in the first place where it appears to the end there is substituted “him, appeal to the Scottish Solicitors' Discipline Tribunal against the decision made in any such review; and the Tribunal may quash, confirm or vary that decision”;
(l) after subsection (11) there is inserted—
“(11A) Within 21 days of the date on which—
(a) the outcome of any appeal under subsection (11)(b) above; or
(b) the taking of any step referred to in subsection (2B) above,
is intimated to the practitioner concerned, he may appeal to the Court of Session against the decision made by the Tribunal in the appeal or, as the case may be, to take such a step; and the Court may make such order in the matter as it thinks fit.”;
(m) subsection (12) is repealed;
(n) in subsection (14), after the word “(2)” there is inserted “or (2B)”;
(o) in subsection (16), for the words “(2)(e)” there is substituted “(2B)(b)”; and
(p) in subsection (17)—
(i) the words “it or” in each place where they appear are repealed; and
(ii) for the word “Board's” there is substituted “Council’s or, as the case may be, Tribunal's”.
(7) After section 20 there is inserted—
(1) The Council shall establish a procedure under which they shall, on the application of any aggrieved person, review any relevant decision made by them.
(2) In subsection (1) above—
(a) “relevant decision” means–
(i) a refusal to grant an application for registration as a practitioner;
(ii) a decision to grant an application for registration as a practitioner subject to conditions; or
(iii) a decision to take any step set out in subsection (2)(a) to (f) of section 20 of this Act; and
(b) “aggrieved person” means the applicant or, as the case may be, the practitioner concerned.”.
(8) In section 21 (Board’s intervention powers)—
(a) for the word “Board” in each place where it appears there is substituted “Council”;
(b) for the words “qualified conveyancer” in each place where they appear there is substituted “conveyancing practitioner”; and
(c) in subsection (2)(c), for the words from “regulations” to “18(10)” there is substituted “any rules or regulations referred to in section 20(1)(c)”.
(9) After section 21 there is inserted—
(1) The Council may exercise the power conferred by subsection (3) below for any of the following purposes—
(a) an inquiry under subsection (1) of section 20 of this Act;
(b) a review under subsection (11)(a) of that section; and
(c) consideration by the Council whether to exercise the powers conferred on them by section 21 of this Act.
(2) The Scottish Solicitors' Discipline Tribunal may exercise the power conferred by subsection (3) below for any of the following purposes—
(a) an inquiry under subsection (2A) of section 20 of this Act; and
(b) an appeal under subsection (11)(b) of that section.
(3) The Council or, as the case may be, the Tribunal may give notice in writing to a practitioner specifying the subject matter of their investigation and requiring either or both of the following—
(a) the production or delivery to any person appointed by the Council or, as the case may be, the Tribunal, at a time and place specified in the notice, of such documents so specified as are in the possession or control of the practitioner and relate to the subject matter of the investigation;
(b) an explanation, within such period being not less than 21 days as the notice may specify, from the practitioner regarding the subject matter of the investigation.
(4) If a practitioner fails to comply with a notice under subsection (3)(a) above, the Council or, as the case may be, the Tribunal may apply to the Court of Session for an order requiring him to produce or deliver the documents to the person appointed at the place specified in the notice within such time as the court may order.