2011 No. 235
The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011
Made
Coming into force in accordance with article 2
The Scottish Ministers make the following Order in exercise of the powers conferred by section 78 of the Legal Profession and Legal Aid (Scotland) Act 20071 and all other powers enabling them to do so.
In accordance with section 79(3)(c)(i) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation1
This Order may be cited as the Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011.
Commencement2
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 19803
1
The Solicitors (Scotland) Act 19802 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
5
1
The Legal Aid (Scotland) Act 1986 is amended in accordance with this article.
2
In section 4(2)5—
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 19906
1
The Law Reform (Miscellaneous Provisions) (Scotland) Act 19906 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 20077
In section 75(4) of the Legal Profession and Legal Aid (Scotland) Act 2007, in the opening words for “(2B)” substitute “(2D)”.
(This note is not part of the Order)