Regulation of Legal Services (Scotland) Act 2025

Prospective

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 S

15 (1) The 1990 Act is amended as follows.

(2) In section 17 (conveyancing practitioners), subsection (8)(d) is repealed.

(3) In section 20 (professional misconduct etc.)—

(a) in subsection (1), in the opening words, for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or treated as having been so remitted by virtue of section 33A(2) of that Act)”,

(b) subsection (2)(ca) is repealed,

(c) subsection (2ZB) is repealed,

(d) subsection (2B)(aa) is repealed,

(e) for subsection (4) substitute—

“(4) Any fine imposed under subsection (2)(cb) or (2B)(b) is payable to the Scottish Ministers.”,

(f) subsection (6) is repealed,

(g) subsection (7) is repealed,

(h) subsections (11ZA) to (11ZC) are repealed,

(i) subsections (11B) to (11E) are repealed,

(j) subsection (11G) is repealed,

(k) subsection (11H) is repealed.

(4) Section 20ZA (remission of complaint by Tribunal to Council) is repealed.

(5) In section 20ZB (unsatisfactory professional conduct)—

(a) in subsection (1), in the opening words—

(i) for “6(2)(a) or 15(5)(a) of the 2007 Act” substitute “6(2) of the 2007 Act (or is treated as having been so remitted by virtue of section 33A(2) of that Act)”,

(ii) after “must” insert “(subject to section 47(1A) of the 2007 Act and subsections (1A) and (1B))”,

(b) after subsection (1), insert—

“(1A) The Council may propose a settlement in respect of the complaint which they consider is fair and reasonable in the circumstances to the practitioner and the complainer and, if the practitioner accepts the proposal, the Council—

(a) must make a direction to that effect, and

(b) may not determine the complaint under subsection (1) unless—

(i) the practitioner has failed to comply with the direction under paragraph (a), or

(ii) the direction is quashed under section 20B(2)(f).

(1B) The practitioner may propose a settlement to the Council and the complainer, and if the Council considers the proposed settlement is fair and reasonable in the circumstances the Council—

(a) must make a direction to that effect, and

(b) may not determine the complaint under subsection (1) unless—

(i) the practitioner has failed to comply with the direction under paragraph (a), or

(ii) the direction is quashed under section 20B(2)(f).”,

(c) subsection (2) is repealed,

(d) in subsection (3), in the opening words—

(i) the words “or (2)” are repealed,

(ii) after “complaint” insert “or where the Council make a direction under subsection (1A)(a) or (1B)(a)”,

(e) after subsection (3), insert—

“(3A) Where the Council censures a practitioner under subsection (3), the Council may provide that the censure is to have effect for a specified period and must give their reasons for doing so when making an intimation under subsection (8).”,

(f) subsection (4)(c) is repealed,

(g) in subsection (5)—

(i) after “complaint” where it first occurs insert “(including whether to make a proposed settlement under subsection (1A) or accept a proposed settlement made under subsection (1B))”,

(ii) after “of” where it first occurs insert “—

(a)”,

(iii) for “(but not a complaint in respect of which an appeal is pending or which has been quashed ultimately on appeal).” substitute ,

(b) any previous decision made under section 47(1A)(a) of the 2007 Act with respect to a complaint against the practitioner,

(c) any previous direction made under subsection (1A)(a) or (1B)(a) with respect to a complaint against the practitioner,

(d) any previous determination of the Commission of a services complaint under section 9(1) of the 2007 Act relating to the same alleged set of circumstances,

but not a determination, decision or direction in respect of which an appeal is pending or which has been quashed ultimately on appeal.”,

(h) for subsection (7) substitute—

“(7) Any fine imposed under subsection (4)(b) is payable to the Scottish Ministers.”,

(i) in subsection (8)—

(i) in paragraph (a), the words “or (2)” are repealed,

(ii) in paragraph (c), after “subsection” insert “(1A)(a), (1B)(a) or”,

(iii) in the closing words, after “practitioner” insert “, and to the Commission and any other relevant party,”,

(iv) in the closing words, after “determination” where it second occurs insert “or the direction under subsection (1A)(a) or (1B)(a)”,

(j) after subsection (8) insert—

“(8A) An intimation made under subsection (8) must—

(a) be sent as soon as practicable after the determination or direction under subsection (1A)(a) or (1B)(a) has been made,

(b) include information about any right of appeal or ability to make a handling complaint by virtue of section 23 of the 2007 Act.”,

(k) in subsection (9)—

(i) in the opening words, for “or (2),” substitute “, a decision to reinstate a discontinued investigation has been made under section 47(1A)(b) of the 2007 Act,”,

(ii) in the opening words, for “determination or” substitute “determination, decision or”,

(iii) after paragraph (a) insert—

“(aa) decision,”,

(l) in subsection (10)—

(i) after “which” insert “—

(a)”,

(ii) the words “or (2)” are repealed,

(iii) for “him, appeal to the Tribunal against the determination.” substitute the complainer,

(b) a decision under subsection 47(1A)(a) of the 2007 Act to discontinue an investigation is intimated to the complainer, or

(c) a direction under subsection (1A)(a) or (1B)(a) is intimated to the complainer,

appeal to the Tribunal against the determination, decision or direction.”,

(m) subsection (11) is repealed,

(n) subsection (12) is repealed,

(o) subsection (13)(b) is repealed,

(p) subsection (14)(b) is repealed.

(6) In section 20ZC—

(a) in subsection (1), for “20ZB(4)” substitute “20ZB(1A)(a), (1B)(a) or (4)”,

(b) in subsection (2)—

(i) for “(12)” substitute “(10)”,

(ii) for “20ZB(4)” substitute “20ZB(1A)(a), (1B)(a) or (4)”,

(c) the title to the section becomes “Unsatisfactory professional conduct: Council’s powers to monitor compliance with direction under section 20ZB”.

(7) After section 20ZE, insert—

“20ZF Application of procedure relating to complaints

(1) The rules made by the Council under section 42D(1)(a) and (b) of the 1980 Act about the procedure for the making of a decision under section 47(1A) of the 2007 Act apply to such decisions made in relation to a complaint against a practitioner.

(2) The rules made by the Council under section 42D(1)(c) and (d) of the 1980 Act about the procedure for making and accepting a proposed settlement under section 42ZA(1A) and (1B) of that Act apply to the making and accepting of a proposed settlement under section 20ZB(1A) and (1B).”.

(8) In section 20B (unsatisfactory professional conduct: powers of Tribunal on appeal)—

(a) in subsection (1)—

(i) paragraph (f) is repealed,

(ii) after paragraph (f) insert—

“(g) may quash or confirm the decision being appealed against,

(h) if it confirms the decision, may direct the Council as to which aspects of the complaint should be continued.”,

(b) in subsection (2)—

(i) paragraph (b) is repealed,

(ii) after paragraph (c), insert—

“(d) may quash or confirm the decision being appealed against,

(e) if it quashes the decision, may direct the Council as to which aspects of the complaint should be continued,

(f) may quash or confirm the direction being appealed against,

(g) if it quashes the direction—

(i) must quash any censure and any other associated measures accompanying the direction,

(ii) may direct the Council to carry out their duties under section 20ZB(1),

(iii) may direct the Council to propose a new settlement under section 20ZB(1A), taking into account any matters specified by the Tribunal,

(iv) may dismiss the complaint.”,

(c) subsection (3) is repealed,

(d) subsection (4) is repealed,

(e) for subsection (6) substitute—

“(6) Any fine imposed under subsection (1)(e) is payable to the Scottish Ministers.”,

(f) subsection (8)(b) is repealed,

(g) subsection (9)(b) is repealed.

(9) In section 20D (unsatisfactory professional conduct: appeal from decisions of Tribunal), in subsection (3)—

(a) paragraphs (b) to (d) are repealed,

(b) paragraph (f) is repealed,

(c) paragraph (g) is repealed,

(d) after paragraph (g), insert—

“(h) a decision under subsection (2)(d) to quash or confirm a decision made under section 47(1A)(a) of the 2007 Act.”.

(10) In section 20E (unsatisfactory professional conduct: powers of court on appeal)—

(a) subsection (1)(b) is repealed,

(b) subsection (3)(b) is repealed,

(c) subsection (4)(b) is repealed.

(11) In section 21B (procedures of the Tribunal etc.), in subsection (2)—

(a) “15” substitute “15A, 16A”,

(b) for “, (10), (11) or (12)” substitute “or (10)”.

Commencement Information

I1 Sch. 3 para. 15 not in force at Royal Assent, see s. 103(3)