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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Section 21A is up to date with all changes known to be in force on or before 15 September 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21A(1)(c) words substituted by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
- s. 33(6) inserted by 2007 asp 5 Sch. 5 para. 3(11)
[F121APowers of investigationS
(1)The Council may exercise the power conferred by subsection (3) below for [F2the purpose of]
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)consideration by the Council whether to exercise the powers conferred on them by section 21 of this Act.
(2)[F4The Tribunal] may exercise the power conferred by subsection (3) below for any of the following purposes—
(a)an inquiry under subsection (2A) of section 20 of this Act; and
(b)an appeal under subsection [F5(8A)(b), (11)(b) or (11ZC)] of that section.
(3)The Council or, as the case may be, the Tribunal may give notice in writing to a practitioner specifying the subject matter of their investigation and requiring either or both of the following—
(a)the production or delivery to any person appointed by the Council or, as the case may be, the Tribunal, at a time and place specified in the notice, of such documents so specified as are in the possession or control of the practitioner and relate to the subject matter of the investigation;
(b)an explanation, within such period being not less than 21 days as the notice may specify, from the practitioner regarding the subject matter of the investigation.
(4)If a practitioner fails to comply with a notice under subsection (3)(a) above, the Council or, as the case may be, the Tribunal may apply to the Court of Session for an order requiring him to produce or deliver the documents to the person appointed at the place specified in the notice within such time as the court may order.]
Textual Amendments
F1Ss. 21A-21C inserted (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 12(9); S.S.I. 2003/384, art. 2(d)
F2Words in s. 21A(1) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(a)(i) (with s. 77); S.S.I. 2008/311, art. 2(i)
F3S. 21A(1)(a)(b) and word repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(a)(ii) (with s. 77); S.S.I. 2008/311, art. 2(i)
F4Words in s. 21A(2) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(b)(i) (with s. 77); S.S.I. 2008/311, art. 2(i)
F5Words in s. 21A(2)(b) substituted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 82(2), Sch. 5 para. 3(7)(b)(ii) (with s. 77); S.S.I. 2008/311, art. 2(i)
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