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The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011

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Citation

1.  This Order may be cited as the Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011.

Commencement

2.—(1) This Order, apart from article 5, comes into force the day after the day it is made.

(2) Article 5 comes into force immediately after the commencement of section 75 of the Legal Profession and Legal Aid (Scotland) Act 2007.

Amendment of the Solicitors (Scotland) Act 1980

3.—(1) The Solicitors (Scotland) Act 1980(1) is amended in accordance with this article.

(2) For section 3A(5)(b)(i) substitute—

(i)whether paragraph (a) or (d) of the said section 20(1) applies to the practitioner;.

(3) In section 53(2)(c) for “(3)” substitute “(3ZA)”.

Amendment of the Legal Aid (Scotland) Act 1986

4.  In section 4(2) of the Legal Aid (Scotland) Act 1986(2) renumber as paragraph (abc) the paragraph numbered (ac) inserted by paragraph 39 of Schedule 3 to the Equality Act 2006(3).

5.—(1) The Legal Aid (Scotland) Act 1986 is amended in accordance with this article.

(2) In section 4(2)(4)—

(a)in paragraph (aba), for “17(2C)” substitute “17(2DA)”; and

(b)in paragraph (abb), for “17(2D)” substitute “17(2DB)”.

(3) In section 17 renumber as subsection (2DA) and (2DB) respectively the subsections numbered (2C) and (2D) inserted by section 75(4) of the Legal Profession and Legal Aid (Scotland) Act 2007.

Amendment of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

6.—(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(5) is amended in accordance with this article.

(2) In section 20—

(a)for subsection (2B)(d) substitute—

(d)a step which the Council may take in respect of a practitioner under subsection (2)(c) above.;

(b)omit subsection (5);

(c)in subsection (6) omit “subsection (2)(a) or (b) above, or the Tribunal, by virtue of subsection (2B)(d) above, make a similar direction, or where the Council make a direction under”; and

(d)in subsection (11) for “(2)(a)” substitute “(2)(c)”.

(3) In section 20A(2)(a)(iii) for “(2)(a)” substitute “(2)(c)”.

Amendment of the Legal Profession and Legal Aid (Scotland) Act 2007

7.  In section 75(4) of the Legal Profession and Legal Aid (Scotland) Act 2007, in the opening words for “(2B)” substitute “(2D)”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

22nd March 2011

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