Part 3Confirmation and will writing services

Chapter 3Further provision

118Consequential modification

(1)

In the Confirmation of Executors (Scotland) Act 1858, in section 2 (petition to commissary), after “1990” insert “ or by a confirmation agent within the meaning of Part 3 of the Legal Services (Scotland) Act 2010 ”.

(2)

In the 1980 Act—

(a)

in section 32 (offence for unqualified persons to prepare certain documents)—

(i)

in subsection (1), after paragraph (c) insert“or

(d)

any will or other testamentary writing,”,

(ii)

in subsection (2)(a), for “or papers” substitute “ , papers, will or testamentary writing ”,

(iii)

in subsection (2C), after “1990” insert “ or to a confirmation agent within the meaning of Part 3 of the 2010 Act ”,

(iv)

after subsection (2C) insert—

“(2D)

Subsection (1)(d) does not apply to a will writer within the meaning of Part 3 of the 2010 Act.”,

(b)

in paragraph 1A of Schedule 4 (constitution, procedure and powers of Tribunal), after head (b)(ii) insert—

“(iia)

confirmation agents or will writers within the meaning of Part 3 of the 2010 Act;”.

(3)

In section 12A (register of advice organisations) of the 1986 Act, after subsection (2)(b) insert—

“(ba)

is a confirmation agent or will writer within the meaning of Part 3 of the Legal Services (Scotland) Act 2010;”.

(4)

In paragraph 2 of schedule 1 (the Scottish Legal Complaints Commission) to the 2007 Act, after sub-paragraph (6)(b) insert—

“(ba)

confirmation agents or will writers within the meaning of Part 3 of the Legal Services (Scotland) Act 2010;”.