Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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Change 1
21B Procedures of the 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 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 9(a)(i) and (b), the words “or, as the case may be, of provision of inadequate professional services” were omitted; (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 (8A)(b), (11)(b) or (11ZC) of section 20, 20ZB(9), (10), (11) or (12) or 20ZE(1) 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), (ca), (cc), (cd) 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 and as regards paragraph 25 also as if for the words “ the solicitor, the firm of solicitors or, as the case may be, the incorporated practice ” there were substituted “ the practitioner ”. (3) In the case of a decision by the 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 (8A)(b), (11)(b) or (11ZC) 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) (11B), (11C) or (11D) of section 20 of this Act against the decision; or (b) such an appeal has been made but has— (i) been withdrawn; or (ii) resulted in the Tribunal’s decision being upheld, the clerk of the Tribunal shall send to the Council a copy of the decision of the Tribunal certified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.
21B Procedures of the 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 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 9(a)(i) and (b), the words “or, as the case may be, of provision of inadequate professional services” were omitted; (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 (8A)(b), (11)(b) or (11ZC) of section 20, 20ZB(9), (10), (11) or (12) or 20ZE(1) 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), (ca), (cc), (cd) 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 and as regards paragraph 25 also as if for the words “ the solicitor, the firm of solicitors or, as the case may be, the incorporated practice ” there were substituted “ the practitioner ”. (3) In the case of a decision by the 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 (8A)(b), (11)(b) or (11ZC) 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) (11B), (11C) or (11D) 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.
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