Back to the Scottish Parliament Business Bulletin No. 180/2006: Monday 11 December 2006
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Section G – Bills

New amendments to Bills lodged on 7 December 2006

Legal Profession and Legal Aid (Scotland) Bill – Stage 3

Section 2

Mr David Davidson

8 In section 2, page 1, leave out lines 21 to 25

Mr David Davidson

9 In section 2, page 2, line 6, leave out from third <and> to <complaints,> in line 7

Mr David Davidson

10 In section 2, page 2, line 16, at end insert <or a chairman of a tribunal)>

Section 2A

Mr David Davidson

11 In section 2A, page 2, line 35, after <a> insert <services>

Mr David Davidson

12 In section 2A, page 3, line 8, after <2(2)> insert <, determining the matters referred to in section 4,>

Mr David Davidson

13 In section 2A, page 3, line 8, after <2(2)> insert <, determining the matters referred to in sections 4 and section (Determining eligibility to make complaint),>

After section 4

Mr David Davidson

14 After section 4, insert—

<Determining eligibility to make complaint

(1) Where, or to the extent that, the Commission determines under section 4(1) or section 11(3) that a complaint is a conduct complaint, it must determine whether the complaint is made by or on behalf of a person referred to in section 2(1A)(a).

(2) Where, or to the extent that, the Commission determines under section 4(1) or section 11(3) that a complaint is a services complaint, it must determine whether the complaint is made by or on behalf of a person referred to in section 2(1A)(b).

(3) Where, or to the extent that, the Commission determines that a complaint is not made by or on behalf of a person referred to in section 2(1A)(a) or, as the case may be, section 2(1A)(b), it must—

(a) reject the complaint

(b) give notice in writing to the complainer and the practitioner that it has rejected the complaint and give reasons for the determination.>

Section 5

Mr David Davidson

15 In section 5, page 4, line 20, after second <complaint> insert <and under section (Determining eligibility to make complaint)(1) that the complaint is made by or on behalf of a person referred to in section 2(1A)(a)>

Section 6

Mr David Davidson

16 In section 6, page 4, line 33, after second <complaint> insert <and under section (Determining eligibility to make complaint)(2) that the complaint is made by or on behalf of a person referred to in section 2(1A)(b)>

Section 6A

Mr David Davidson

17 In section 6A, page 4, line 37, after <where> insert <, or to the extent that,>

Mr David Davidson

18 In section 6A, page 5, line 20, leave out from <may> to <it> in line 21 and insert <must discontinue mediation in relation to a complaint if either the complainer or the practitioner withdraws consent to the mediation and may do so in any other circumstances; and, if mediation is discontinued, the Commission>

Section 7

Mr David Davidson

19 In section 7, page 6, line 1, leave out <complainer is> and insert <the complaint is made by or on behalf of>

Johann Lamont

20 In section 7, page 6, line 6, leave out <(1)> and insert <(2)>

Section 8

Mr David Davidson

21 In section 8, page 6, line 30, leave out from <Commission> to <services> in line 31 and insert <complaint is made by or on behalf of a person referred to in section 2(1A)(b)(i)>

Johann Lamont

22 In section 8, page 6, line 35, leave out <does> and insert <may>

Mr David Davidson

23 In section 8, page 7, line 9, at end insert—

<( ) a copy of any report under subsection (2)(e) must be sent to the employing practitioner.>

Mr David Davidson

24 In section 8, page 7, line 13, after <concerned> insert <, or where section 8(2A) applies, the employing practitioner,>

Section 8A

Mr David Davidson

25 In section 8A, page 7, line 35, leave out from <take> to end of line 36 and insert <be bound by the relevant law which was in force at the time when the services were provided and to take into account any relevant codes of practice and professional rules or standards or guidance which were in force at that time and which were, in practice, binding upon members of the profession to which the practitioner belongs.>

Johann Lamont

26 In section 8A, page 7, line 35, after <law> insert (including levels of damages awarded by courts in similar circumstances)>

Section 9

Mr David Davidson

27 In section 9, page 8, line 2, after <it> insert <and, where section 8(2A) applies, to the employing practitioner>

Mr David Davidson

28 In section 9, page 8, line 4, leave out subsection (2) and insert—

<(2) Any notice under subsection (1) shall specify the reasons for the determination, direction or, as the case may be, report.>

Johann Lamont

29 In section 9, page 8, line 5, leave out <13(1A)(c)(i)> and insert <13(1A)(d)(i)>

Section 9A

Johann Lamont

30 In section 9A, page 8, line 10, leave out <taking> and insert <which has taken>

Mr David Davidson

31 In section 9A, page 8, line 26, leave out <condition in subsection (4) is> and insert <conditions in subsection (4) are>

Mr David Davidson

32 In section 9A, page 8, line 27, leave out <condition is> and insert <conditions are>

Mr David Davidson

33 In section 9A, page 8, line 30, at end insert <; and

( ) the Commission has given not less than 4 weeks notice in writing to the practitioner that it intends to identify the practitioner in the report, specifying the reasons for its decision.>

Section 11

Mr David Davidson

34 In section 11, page 9, line 3, leave out <any mediation by it, or>

Mr David Davidson

35 In section 11, page 9, line 17, at end insert—

<( ) send a copy of the complaint and any material which relates to it and which is in the Commission’s possession to the relevant professional organisation;>

Mr David Davidson

36 In section 11, page 9, line 42, after <conduct complaint> insert <and under section (Determining eligibility to make complaints)(1) that the complaint is made by or on behalf of a person referred to in section 2(1A)(a)>

Mr David Davidson

37 In section 11, page 10, line 13, after <services complaint> insert <and under section (Determining eligibility to make complaint)(2) that the complaint is made by or on behalf of a person referred to in section 2(1A)(b)>

Section 12

Mr David Davidson

38 In section 12, page 10, line 25, leave out subsection (2)

Section 13

Mr David Davidson

39 In section 13, page 11, line 24, at end insert—

<( ) Any practitioner, practitioner’s firm, employing practitioner or complainer of whom a requirement is made by a notice under subsection (1) or, as the case may be, subsection (3A) must comply with that requirement, notwithstanding any duty of confidentiality owed to any person or any right of confidentiality.>

Section 13B

Mr David Davidson

40 In section 13B, page 12, line 4, at end insert—

<( ) A person of whom a requirement is made by an order under subsection (2) must comply with that requirement, notwithstanding any duty of confidentiality owed to any person or any right of confidentiality.>

After section 14

Mr David Davidson

3A As an amendment to amendment 3, line 4, leave out <, with the leave of the court,>

Mr David Davidson

3B As an amendment to amendment 3, line 5, leave out <on any ground set out in subsection (4)>

Mr David Davidson

3C As an amendment to amendment 3, line 17, leave out subsection (4) and insert—

<(4) An appeal under subsection (1) may be on any question of fact or law.>

Section 15

Mr David Davidson

41 In section 15, page 13, line 9, at end insert—

<( ) the practitioner concerned in the conduct complaint to which the handling complaint relates,>

Mr David Davidson

42 In section 15, page 13, line 16, leave out from <such> to end of line and insert <the date on which the relevant professional organisation sent its determination to the complainer,>

Mr David Davidson

43 In section 15, page 13, line 31, at end insert—

<( ) the practitioner concerned in the conduct complaint to which the handling complaint relates,>

Mr David Davidson

44 In section 15, page 13, line 34, leave out subsection (6)

Mr David Davidson

45 In section 15, page 13, line 39, at end insert—

<( ) the practitioner concerned in the conduct complaint to which the handling complaint relates.>

Section 16

Mr David Davidson

46 In section 16, page 14, leave out lines 15 to 18

Mr David Davidson

47 In section 16, page 14, line 36, leave out <and the person who made the handling complaint> and insert <, person who made the handling complaint and the practitioner concerned>

Mr David Davidson

48 In section 16, page 15, line 7, at end insert <; and the organisation must comply with the direction.>

Section 16A

Mr David Davidson

49 In section 16A, page 15, line 18, leave out <recommendation> and insert <direction under section 16(6)>

Johann Lamont

50 In section 16A, page 15, line 25, leave out from <deal> to end of line 26 and insert <order the organisation to comply with the recommendation with which the direction under section 16(6) is concerned.>

Mr David Davidson

51 In section 16A, page 15, line 25, leave out from <deal> to end of line 26 and insert <order the organisation to comply with the recommendation mentioned in the direction>

Mr David Davidson

52 In section 16A, page 15, line 27, leave out subsection (3)

Section 17

Johann Lamont

53 In section 17, page 15, line 33, after <no> insert <exercisable>

Johann Lamont

54 In section 17, page 15, line 34, leave out subsection (3) and insert—

<(3) The functions of the ombudsman cease to be exercisable except in relation to the advice, services and activities mentioned in section 47(2).>

Johann Lamont

55 In section 17, page 15, line 37, leave out subsections (4) and (5)

Section 18

Mr Stewart Maxwell

56 In section 18, page 16, line 21, leave out <(if any)>

Mr David Davidson

57 In section 18, page 16, line 24, leave out <(as a civil debt)>

Johann Lamont

58 In section 18, page 16, line 24, leave out <civil>

Mr David Davidson

59 In section 18, page 16, line 26, leave out <(as a civil debt)>

Johann Lamont

60 In section 18, page 16, line 26, leave out <civil>

Mr Stewart Maxwell

61 In section 18, page 16, line 30, leave out <(if any)>

Section 19

Mr David Davidson

62 In section 19, page 17, line 18, leave out <(as a civil debt)>

Johann Lamont

63 In section 19, page 17, line 18, leave out <civil>

Section 20

Mr David Davidson

64 In section 20, page 17, line 35, leave out <January> and insert <November>

Johann Lamont

65 In section 20, page 18, line 14, at end insert—

<( ) The Commission must, no later than 31 March in each year, publish the responses it has received in the consultation carried out by it under subsection (4) in the immediately preceding January.

( ) Subsection (1) does not apply to responses which are subject to an express request in writing for confidentiality.>

Section 23

Mr David Davidson

66 In section 23, page 19, line 7, leave out <, and from time to time publish,>

Mr David Davidson

67 In section 23, page 19, line 8, at end insert <and, as soon as practicable after making or varying those rules, publish them and make them available to the public in a form which is readily accessible.>

Mr David Davidson

68 In section 23, page 19, line 16, leave out <, subject to subsection (6),>

Johann Lamont

69 In section 23, page 19, line 17, at end insert—

<( ) the Lord President of the Court of Session;>

Mr David Davidson

70 In section 23, page 19, line 22, leave out subsection (6)

Section 28

Mr David Davidson

71 In section 28, page 21, line 42, at end insert—

<(3A) Any relevant professional organisation or practitioner of whom a requirement is made under subsection (1) or, as the case may be, subsection (3) must comply with that requirement, notwithstanding any duty of confidentiality owed to any person.>

Section 32A

Johann Lamont

72 In section 32A, page 23, line 19, leave out <the Commission must not disclose any> and insert <no information mentioned in subsection (1A) may be disclosed.

(1A) The information is>

Johann Lamont

73 In section 32A, page 23, line 22, leave out <it> and insert <the Commission or any person acting on its behalf>

Mr David Davidson

74 In section 32A, page 23, line 30, at end insert—

<( ) If the Commission, or any person who is, or is acting as, a member of the Commission, or any employee of the Commission contravenes subsection (1) the Commission, the person or, as the case may be, the employee is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.>

Johann Lamont

75 In section 32A, page 23, line 30, at end insert—

<( ) Any person who, in contravention of subsection (1), knowingly discloses any information obtained when employed by, or acting on behalf of, the Commission is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.>

Section 33

Johann Lamont

76 In section 33, page 24, line 13, leave out <or, as the case may be, the partnership’s>

Mr David Davidson

77 In section 33, page 24, line 16, at end insert <but only if the practitioner agrees to that means of sending>

Section 35

Mr David Davidson

78 In section 35, page 27, line 41, leave out <In subsection (2)> and insert <In this section, "conduct complaint",>

Johann Lamont

79 In section 35, page 27, line 41, leave out <subsection (2), "complainer" and "practitioner"> and insert <this section and section 35A to 35E, words and expressions>

Mr David Davidson

80 In section 35, page 28, line 38, at end insert—

<( ) Any practitioner, practitioner’s firm, employing practitioner or complainer of whom a requirement is made under subsection (1) must comply with that requirement, notwithstanding any duty of confidentiality owed to any person or any right of confidentiality.>

Section 35E

Johann Lamont

81 In section 35E, page 29, line 39, leave out <a relevant professional organisation must not disclose any> and insert <no information mentioned in subsection (1A) may be disclosed.

(1A) The information is>

Johann Lamont

82 In section 35E, page 30, line 1, leave out <it> and insert <a relevant professional organisation or any person acting on its behalf>

Johann Lamont

83 In section 35E, page 30, line 9, at end insert—

<( ) Any person who, in contravention of subsection (1), knowingly discloses any information obtained when employed by, or acting on behalf of, a relevant professional organisation is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.>

Mr David Davidson

84 In section 35E, page 30, line 9, at end insert—

<( ) If the relevant professional organisation or any member or employee of that organisation contravenes subsection (1) the organisation, member or, as the case may be, employee is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.>

Section 36

Johann Lamont

85 In section 36, page 30, line 20, at end insert—

<(1A) Where a complaint is remitted to the Council under section 53ZZA, the Council—

(a) must—

(i) notify the solicitor specified in it and the complainer of that fact and that the Council are required to investigate the complaint as a complaint of unsatisfactory professional conduct;

(ii) so investigate the complaint;

(iii) having so investigated the complaint and given the solicitor an opportunity to make representations, determine the complaint;

(b) may rely, in their investigation, on any findings in fact which the Tribunal makes available to them under section 53ZZA(2) as respects the complaint.>

Johann Lamont

86 In section 36, page 30, line 21, after <(1)> insert <or (1A)>

Mr David Davidson

87 In section 36, page 30, line 23, at end insert <and>

Mr David Davidson

88 In section 36, page 30, line 39, after <them> insert <, the Tribunal or the court>

Mr David Davidson

89 In section 36, page 30, line 40, after <conduct> insert <or professional misconduct>

Mr David Davidson

90 In section 36, page 30, line 41, at end insert—

<( ) The Council must, in considering what steps to take under subsection (4), take into account any—

(a) prior direction by them under subsection (4)(c) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.>

Johann Lamont

91 In section 36, page 31, line 10, at end insert <or (1A)>

Johann Lamont

92 In section 36, page 31, line 14, at end insert <and by specifying the reasons for the determination>

Mr David Davidson

93 In section 36, page 31, line 14, at end insert <and specifying in each case the reasons for their decision>

Johann Lamont

94 In section 36, page 31, line 16, after <(1)> insert <or (1A)>

Johann Lamont

95 In section 36, page 31, line 23, after <(1)> insert <or (1A)>

Johann Lamont

96 In section 36, page 32, line 23, at end insert—

<"53ZZA Remission of complaint by Tribunal to Council

(1) Where, after holding an inquiry under section 53(1) into a complaint of professional misconduct against a solicitor, the Tribunal—

(a) is not satisfied that he has been guilty of professional misconduct;

(b) considers that he may be guilty of unsatisfactory professional conduct,

it must remit the complaint to the Council.

(2) Where the Tribunal remits a complaint to the Council under subsection (1), it may make available to the Council any of its findings in fact in its inquiry into the complaint under section 53(1).>

Johann Lamont

97 In section 36, page 32, line 29, at end insert—

<( ) may, where it considers that the solicitor does not have sufficient competence in relation to any aspect of the law or legal practice, direct the solicitor to undertake such education or training as regards the law or legal practice as the Tribunal considers appropriate in that respect;>

Johann Lamont

98 In section 36, page 32, line 30, at end insert <an amount not exceeding £2000>

Mr David Davidson

99 In section 36, page 33, line 1, after <may> insert—

(i) subject to subsection (5), fine the solicitor;

(ii)>

Mr David Davidson

100 In section 36, page 33, line 11, at end insert—

<(3A) The Tribunal must, in considering what steps to take under subsection (1), (2) or (3), take into account any—

(a) prior direction by them under subsection (1)(e) or (2)(b)(ii) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.>

Mr David Davidson

101 In section 36, page 33, line 14, after <(1)(d)> insert <or (2)(b)(i)>

Mr David Davidson

102 In section 36, page 33, line 18, after <(1)(d)> insert <or (2)(b)(i)>

Johann Lamont

103 In section 36, page 33, line 21, at end insert—

<(6A) A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in favour of the Council bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(6B) The Scottish Ministers may by order made by statutory instrument—

(a) amend subsection (1)(d) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

(b) after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(e) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

(6C) A statutory instrument containing an order under—

(a) subsection (6B)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

(b) subsection (6B)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.>

Mr David Davidson

104 In section 36, page 34, line 22, leave out from beginning to <solicitor> and insert—

<(1) On an appeal to the court under section 54A, the court may substitute its decision for the decision being appealed against.

(1A) Where the court makes or confirms a determination upholding the complaint,>

Mr David Davidson

105 In section 36, page 34, line 24, at beginning insert <subject to subsection (1B),>

Johann Lamont

106 In section 36, page 34, line 24, at end insert <an amount not exceeding £2000>

Mr David Davidson

107 In section 36, page 34, line 30, at end insert—

<(1B) The court shall not direct the solicitor to pay a fine under subsection (1A)(a) where, in relation to the subject matter of the complaint, the solicitor has been convicted by any court of an act involving dishonesty and sentenced to a term of imprisonment of not less than 2 years.>

Mr David Davidson

108 In section 36, page 34, line 30, at end insert—

<( ) Any fine directed to be paid under subsection (1A)(a) above shall be treated for the purposes of section 211(5) of the Criminal Procedure (Scotland) Act 1995 (fines payable to HM Exchequer) as if it were a fine imposed in the High Court.>

Mr David Davidson

109 In section 36, page 34, line 31, leave out <subsection (1)> and insert <this section>

Johann Lamont

110 In section 36, page 34, line 31, at end insert—

<(2A) The Scottish Ministers may by order made by statutory instrument—

(a) amend subsection (1)(a) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

(b) after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(b) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

(2B) A statutory instrument containing an order under—

(a) subsection (2A)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

(b) subsection (2A)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.>

Mr David Davidson

111 In section 36, page 34, line 31, at end insert—

<( ) The court shall, in considering what steps to take under subsection (1A), take into account any—

(a) prior direction by the court under subsection (1A)(b) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.>

Section 37

Johann Lamont

112 In section 37, page 34, line 40, at end insert—

<"20ZZA Remission of complaint by Tribunal to Council

(1) Where, after holding an inquiry under section 20(2A) into a complaint of professional misconduct against a practitioner, the Tribunal—

(a) are not satisfied that he has been guilty of professional misconduct;

(b) consider that he may be guilty of unsatisfactory professional conduct,

they must remit the complaint to the Council.

(2) Where the Tribunal remit a complaint to the Council under subsection (1), they may make available to the Council any of their findings in fact in their inquiry into the complaint under section 20(2A).>

Johann Lamont

113 In section 37, page 35, line 8, at end insert—

<(1A) Where a complaint is remitted to the Council under section 20ZZA, the Council—

(a) must—

(i) notify the practitioner specified in it and the complainer of that fact and that the Council are required to investigate the complaint as a complaint of unsatisfactory professional conduct;

(ii) so investigate the complaint;

(iii) having so investigated the complaint and given the practitioner an opportunity to make representations, determine the complaint;

(b) may rely, in their investigation, on any findings in fact which the Tribunal make available to them under section 20ZZA(2) as respects the complaint.>

Johann Lamont

114 In section 37, page 35, line 9, after <(1)> insert <or (1A)>

Mr David Davidson

115 In section 37, page 35, line 28, after <them> insert <, the Tribunal or the court>

Mr David Davidson

116 In section 37, page 35, line 29, after <conduct> insert <or professional misconduct>

Mr David Davidson

117 In section 37, page 35, line 30, at end insert—

<( ) The court shall, in considering what steps to take under subsection (3), take into account any—

(a) prior direction by the court under subsection (3)(c) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.>

Johann Lamont

118 In section 37, page 35, line 40, at end insert <or (1A)>

Johann Lamont

119 In section 37, page 36, line 2, at end insert <and by specifying the reasons for the determination>

Johann Lamont

120 In section 37, page 36, line 4, after <(1)> insert <or (1A)>

Johann Lamont

121 In section 37, page 36, line 11, after <(1)> insert <or (1A)>

Johann Lamont

122 In section 37, page 37, line 16, at end insert—

<( ) may, where they consider that the practitioner does not have sufficient competence in relation to any aspect of conveyancing law or legal practice or, as the case may be, executry law or legal practice, direct him to undertake such education or training as regards the law or legal practice concerned as the Tribunal consider appropriate in that respect;>

Johann Lamont

123 In section 37, page 37, line 17, at end insert <an amount not exceeding £2000>

Mr David Davidson

124 In section 37, page 37, line 35, at end insert—

<(1A) The court must, in considering what steps to take under subsection (1), (2) or (3), take into account any—

(a) prior direction by the court under subsection (1)(e) or (2)(b) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.>

Johann Lamont

125 In section 37, page 38, line 4, at end insert—

<(7) A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in favour of the Council bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(8) The Scottish Ministers may by order made by statutory instrument—

(a) amend subsection (1)(d) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

(b) after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(e) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

(9) A statutory instrument containing an order under—

(a) subsection (8)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

(b) subsection (8)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.>

Mr David Davidson

126 In section 37, page 39, line 2, at end insert <substitute its decision for the decision being appealed against.

(1A) Where the court makes or confirm a determination upholding the complaint, the court may>

Mr David Davidson

127 In section 37, page 39, line 3, at beginning insert <subject to subsection (1C),>

Johann Lamont

128 In section 37, page 39, line 3, at end insert <an amount not exceeding £2000>

Mr David Davidson

129 In section 37, page 39, line 9, at end insert—

<(1B) The court shall, in considering what steps to take under subsection (1A), take into account any—

(a) prior direction by the court under subsection (1A)(b) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.>

Mr David Davidson

130 In section 37, page 39, line 9, at end insert—

<(1C) The court shall not direct the solicitor to pay a fine under subsection (1A)(a) where, in relation to the subject matter of the complaint, the solicitor has been convicted by any court of an act involving dishonesty and sentenced to a term of imprisonment of not less than 2 years.>

Mr David Davidson

131 In section 37, page 39, line 9, at end insert—

<( ) Any fine directed to be paid under subsection (1A)(a) above shall be treated for the purposes of section 211(5) of the Criminal Procedure (Scotland) Act 1995 (fines payable to HM Exchequer) as if it were a fine imposed in the High Court.>

Mr David Davidson

132 In section 37, page 39, line 10, leave out <subsection (1)> and insert <this section>

Johann Lamont

133 In section 37, page 39, line 10, at end insert—

<(3) The Scottish Ministers may by order made by statutory instrument—

(a) amend subsection (1)(a) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money;

(b) after consulting the Council and such groups of persons representing consumer interests as they consider appropriate, amend subsection (1)(b) by substituting for the amount for the time being specified in that subsection such other amount as they consider appropriate.

(4) A statutory instrument containing an order under—

(a) subsection (3)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament;

(b) subsection (3)(b) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.>

Section 38

Mr David Davidson

134 In section 38, page 40, line 41, at end insert—

<( ) after subsection (3) insert—

"(3ZA)The Tribunal shall, in considering whether to make a direction under subsection (2)(bb) take into account any—

(a) prior direction by them under subsection (2)(bb) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.">

Johann Lamont

135 In section 38, page 40, line 42, leave out <(7A)> and insert <(7B) (as inserted by paragraph 1(6N)(aa) of schedule 4 to this Act)>

Johann Lamont

136 In section 38, page 41, line 1, leave out <(7B)> and insert <(7C)>

Johann Lamont

137 In section 38, page 41, line 6, leave out <(7C). and insert <(7D)>

Johann Lamont

138 In section 38, page 41, line 6, leave out <(7B)> and insert <(7C)>

Mr David Davidson

139 In section 38, page 41, line 13, after <(1)> insert—

<( ) for the words "In the case of professional misconduct by any solicitor" substitute "On an appeal to the court under section 54, the court may substitute its own decision for the decision being appealed against.

(1A) Where the court makes or confirms a determination upholding the complaint of professional misconduct,";

( )>

Johann Lamont

140 In section 38, page 41, line 17, at end insert—

<( ) in paragraph (c), after "solicitor" insert "an amount not exceeding £10,000";>

Mr David Davidson

141 In section 38, page 41, line 17, at end insert—

<( ) after subsection (1) insert—

"(1B) The court shall, in considering whether to make a direction under subsection (1)(bc), take into account any—

(a) prior direction by the court under subsection (1)(bc) that the solicitor pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.>

Johann Lamont

142 In section 38, page 41, line 19, after <instrument> insert—

<( )>

Johann Lamont

143 In section 38, page 41, line 23, at end insert <;

( ) amend paragraph (c) of subsection (1) by substituting for the amount for the time being specified in that subsection such other amount as appears to them to be justified by a change in the value of money>

Johann Lamont

144 In section 38, page 41, line 24, leave out <(5)> and insert <(5)(a)>

Johann Lamont

145 In section 38, page 41, line 26, at end insert <;

( ) subsection (5)(b) is subject to annulment in pursuance of a resolution of the Scottish Parliament>

Mr David Davidson

146 In section 38, page 42, line 11, at end insert—

<( ) after subsection (2B), insert—

"(2C) The Council or the Tribunal must, in considering whether to make a direction under subsection (2)(ca) or subsection (2B)(aa), take into account any—

(a) prior direction by them under subsection (2)(ca) or subsection (2B)(aa) that the practitioner pay to the complainer an amount by way of compensation;

(b) award of damages by the court to the complainer;

(c) other compensation ordered (whether by determination, direction or otherwise) by the Commission, a court, tribunal or other professional body to be paid to the complainer,

in relation to the subject matter of the complaint.";>

Johann Lamont

147 In section 38, page 42, line 12, leave out <(11E)> and insert (11F)>

Johann Lamont

148 In section 38, page 42, line 12, leave out <section 38A(2)(d) of> and insert <paragraph 2(1C)(jj) of schedule 4 to>

Johann Lamont

149 In section 38, page 42, line 13, leave out <(11F)> and insert <(11G)>

Johann Lamont

150 In section 38, page 42, line 18, leave out <(11G)> and insert <(11H)>

Johann Lamont

151 In section 38, page 42, line 18, leave out <(11F)> and insert <(11G)>

Section 38A

Johann Lamont

152 In section 38A, page 42, line 26, leave out <, a firm of solicitors or, as the case may be,> and insert <or>

Section 41

Johann Lamont

153 In section 41, page 46, line 6, leave out <by an order of the Tribunal under section 53(5)>

Section 44

Johann Lamont

154 In section 44, page 47, line 31, at end insert—

<(1A) Legal aid made available to a person under subsection (1) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.

(1B) The Board may require a person receiving legal aid under subsection (1) to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive criminal legal aid.>

Johann Lamont

155 In section 44, page 47, line 34, at end insert—

<(3) The Board shall establish a procedure under which any person receiving criminal legal aid under subsection (1) which is subject to conditions by virtue of subsection (1A) may apply to the Board for a review of any such condition.>

Section 44A

Johann Lamont

156 In section 44A, page 48, line 2, leave out <as follows> and insert <in accordance with subsections (2) to (6) of this section>

Johann Lamont

157 In section 44A, page 48, line 25, at end insert—

<(7) Section 25 (legal aid in appeals) of the 1986 Act is amended in accordance with subsections (8) and (9) of this section.

(8) After subsection (2A) insert—

"(2B) Where a person is no longer receiving criminal legal aid because the Board is no longer satisfied as mentioned in subsection (2)(c) above the High Court may, at any time prior to the disposal of the appeal, whether or not on application made to it, notwithstanding the Board no longer being so satisfied, determine that it is in the interests of justice that the person should receive criminal legal aid in connection with the appeal, and the Board shall forthwith make such legal aid available to him.

(2C) Legal aid made available to a person under subsection (2) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.".

(9) After subsection (3) insert—

"(3A) The Board shall establish a procedure under which any person whose application for criminal legal aid under subsection (2) has been refused may apply to the Board for a review of his application.

(3B) The Board shall establish a procedure under which any person receiving criminal legal aid under subsection (2) which is subject to conditions by virtue of subsection (2C) may apply to the Board for a review of any such condition.".

(10) Section 25AB (legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council) is amended in accordance with subsections (11) and (12) of this section.

(11) After subsection (2) insert—

"(2A) Legal aid made available to a person under subsection (2) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.".

(12) After subsection (3) insert—

"(3A) The Board shall establish a procedure under which any person whose application for criminal legal aid under subsection (2) has been refused may apply to the Board for a review of his application.

(3B) The Board shall establish a procedure under which any person receiving criminal legal aid under this section which is subject to conditions by virtue of subsection (2A) may apply to the Board for a review of any such condition.".>

Section 45

Johann Lamont

158 In section 45, page 52, line 34, at end insert—

<( ) arrangements for dealing with complaints about the activities of advisers and registered organisations;>

Section 45A

Johann Lamont

159 In section 45A, page 54, line 34, after <assistance> insert <in relation to civil matters>

Johann Lamont

160 In section 45A, page 54, line 35, leave out <or assistance> and insert <, assistance or representation>

Johann Lamont

161 In section 45A, page 55, leave out lines 31 to 36 and insert—

<(15) For the purposes of this section, "person" includes a body corporate or unincorporate.".>

After section 45A

Johann Lamont

162 After section 45A, insert—

<Financial limit: advice and assistance

(1) Section 10 (financial limit) of the 1986 Act is amended as follows.

(2) In subsection (1)(b)—

(a) after "except" insert ", subject to subsection (4),";

(b) at the end insert "or in the circumstances set out in subsection (1A)".

(3) After subsection (1) insert—

"(1A) The circumstances are that—

(a) the advice and assistance requires to be given urgently; and

(b) it is not possible to seek the approval of the Board before the advice and assistance requires to be given,

and following which an application may be made under subsection (1B) for the Board’s approval.

(1B) If the Board is satisfied that the circumstances set out in subsection (1A) were present it may, on application by the solicitor or adviser concerned, give its approval to the limit having been exceeded.".

(4) After subsection (3) insert—

"(4) In the circumstances set out in subsection (5), no application may be made for the Board’s approval for the cost of giving the advice and assistance—

(a) to exceed the limit applicable under this section; or

(b) to that limit having been exceeded.

(5) The circumstances are that the matter with which the advice and assistance is concerned is not—

(a) specified as a distinct matter for the purposes of advice and assistance by virtue of regulations made under this Act; or

(b) being treated as if it were a distinct matter by virtue of such regulations.".>

Johann Lamont

163 After section 45A, insert—

<Further provision in relation to the Fund: advice and assistance

(1) In section 4 of the 1986 Act (Scottish Legal Aid Fund) in subsection (2), after paragraph (b) insert—

"(ba) any sums as are, by virtue of section 12C of this Act, due out of the Fund;".

(2) After section 12B of that Act (inserted by section 45 of this Act) insert—

"Advice and assistance: further provision in relation to the Fund

12C Further provision in relation to the Fund: advice and assistance

(1) This section applies where, in respect of any matter in connection with which advice and assistance has been provided, the sums mentioned in section 4(3)(aa), (ca) and (cb) which are payable into the Fund have been so paid.

(2) There shall be paid out of the Fund any sum which, in the opinion of the Board the party concerned would have been likely to receive, after the operation of section 12(3), if the advice and assistance provided had not been provided—

(a) by virtue of a grant made under section 4A; or

(b) by a solicitor in the course of employment to which Part V of this Act applies.".>

Section 45C

Johann Lamont

164 In section 45C, page 56, line 19, leave out <as follows> and insert <in accordance with subsections (2) and (3) of this section>

Johann Lamont

165 In section 45C, page 56, line 27, at end insert—

<(4) Section 29 (legal aid in certain proceedings relating to children) of the 1986 Act is amended in accordance with subsections (5) and (6) of this section.

(5) After subsection (5) insert—

"(5A) Legal aid made available to a person under subsection (2)(d) above or subsection (9) below may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.".

(6) After subsection (6) insert—

"(6A) The Board shall establish a procedure under which any person whose application for legal aid under subsection (2)(d) above or subsection (9) below has been refused may apply to the Board for a review of his application.

(6B) The Board shall establish a procedure under which any person receiving legal aid under subsection (2)(d) above or subsection (9) below which is subject to conditions by virtue of subsection (5A) may apply to the Board for a review of any such condition.".>

After section 45C

Johann Lamont

166 After section 45C, insert—

<Availability of legal aid: Judicial Committee of the Privy Council

(1) In section 25AB (legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council) of the 1986 Act—

(a) in subsection (1), for "or 13(a)" substitute ", 13(a) or 33";

(b) in subsection (4), after "11" insert "or 33".

(2) In paragraph 1 of Part 1 of Schedule 2 to that Act, for "and 13(b)" substitute ", 13(b), 32 and 33".>

Section 46

Johann Lamont

167 In section 46, page 57, line 14, at end insert—

<(abb) any sums payable to a person in accordance with section 17(2CA) of this Act;>

Johann Lamont

168 In section 46, page 57, line 14, at end insert—

<( ) In that section, after subsection (3)(c) insert—

"(ca) any sum recovered as to expenses under an award of a court or an agreement or otherwise in favour of any person in respect of any matter in connection with which advice and assistance has been provided to the person—

(i) by virtue of a grant made under section 4A; or

(ii) by a solicitor in the course of employment to which Part V of this Act applies;

(cb) any sum which is to be paid out of property (of whatever nature and wherever situated) recovered or preserved for any person in respect of any matter in connection with which advice and assistance has been provided to the person (including his rights under any settlement arrived at in connection with that matter in order to avoid or bring to an end any proceedings)—

(i) by virtue of a grant made under section 4A; or

(ii) by a solicitor in the course of employment to which Part V of this Act applies;".>

Johann Lamont

169 In section 46, page 57, line 19, at end insert—

<(2CA)Any sums paid to the Board under subsection (2B) which are no longer required to meet the net liability of the Fund on a person’s account, having taken into account any relevant sums paid to the Board under subsection (2A), shall be paid to the person.>

Johann Lamont

170 In section 46, page 57, line 36, leave out <solicitor not been so employed> and insert <legal aid and, as the case may be, advice and assistance been provided in circumstances other than those specified in subsection (2H).

(2G) Where—

(a) civil legal aid is or has been provided in respect of the proceedings in question by virtue of a grant made under section 4A; and

(b) advice and assistance is or has been provided in connection with the proceedings by virtue of a grant made under section 4A,

references in subsection (2E) to sums payable out of the Fund include references to sums which would have been so payable had the legal aid and, as the case may be, advice and assistance been provided in circumstances other than those specified in subsection (2H).

(2H) The circumstances are that the legal aid and, as the case may be, advice and assistance has been provided—

(a) by virtue of a grant made under section 4A; or

(b) by a solicitor in the course of employment to which Part V of this Act applies>

Section 48

Johann Lamont

171 In section 48, page 59, line 4, after <of> insert <, or for giving full effect to,>

Johann Lamont

172 In section 48, page 59, line 4, at end insert <or any provision of it>

Section 49

Johann Lamont

173 In section 49, page 59, line 17, leave out <, 17(1), (3) or (4)> and insert <or 17(1)>

Johann Lamont

174 In section 49, page 59, line 18, leave out <, 36 or 37>

Schedule 1

Mr David Davidson

175 In schedule 1, page 61, line 14, leave out <Scottish Ministers> and insert <Lord President of the Court of Session ("the Lord President")>

Johann Lamont

176 In schedule 1, page 61, line 14, at end insert <, having consulted the Lord President of the Court of Session ("the Lord President")>

Mr David Davidson

177 In schedule 1, page 62, line 8, leave out <Scottish Ministers> and insert <Lord President>

Mr David Davidson

178 In schedule 1, page 62, line 14, leave out <Scottish Ministers are> and insert <Lord President is>

Mr David Davidson

179 In schedule 1, page 62, line 27, leave out <Scottish Ministers consider> and insert <Lord President considers>

Johann Lamont

180 In schedule 1, page 63, line 4, leave out <("the Lord President")>

Mr David Davidson

181 In schedule 1, page 66, leave out lines 12 to 14

Johann Lamont

182 In schedule 1, page 66, line 12, leave out <or vexatious> and insert <, vexatious or totally without merit>

Mr David Davidson

183 In schedule 1, page 66, line 26, at end insert—

<( ) the function of deciding under section 2(2)(a) whether a complaint is frivolous vexatious, or totally without merit;

( ) the function of determining under section 3 whether a complaint is made timeously or prematurely;

( ) the function of determining under section 4(1) whether, or to what extent, a complaint constitutes a conduct complaint or a services complaint;>

Mr David Davidson

183A As an amendment to amendment 183, line 7, at end insert—

<( ) the function of determining under section (Determining eligibility to make complaint) whether a complaint has been made by or on behalf of a person eligible to make such a complaint under section 2(1A);>

Mr David Davidson

184 In schedule 1, page 67, line 13, leave out from <Scottish> to end of line 16 and insert <the Parliament>

Johann Lamont

185 In schedule 1, page 67, line 15, after <must> insert <as soon as practicable—>

Johann Lamont

186 In schedule 1, page 67, line 16, at end insert <;

( ) lay the audited statement before the Parliament>

Mr David Davidson

187 In schedule 1, page 67, line 16, at end insert—

<( ) The Scottish Ministers must, as soon as is reasonably practicable, lay a copy of the audited accounts before the Parliament.>

Johann Lamont

188 In schedule 1, page 67, line 31, after <must> insert <as soon as practicable>

Mr David Davidson

189 In schedule 1, page 67, line 31, after <must> insert <, as soon as is reasonably practicable,>

Schedule 3

Johann Lamont

190 In schedule 3, page 69, line 15, leave out from first <to> to <whether> in line 16

Johann Lamont

191 In schedule 3, page 69, line 17, at beginning insert <where it considers it appropriate,>

Johann Lamont

192 In schedule 3, page 69, line 19, at beginning insert <to decide whether>

Johann Lamont

193 In schedule 3, page 69, line 19, at end insert—

<( ) as to—

(i) the evidence which may be required or admitted;

(ii) the extent to which it may be oral or written;

(iii) the consequences of a person’s failure to produce any information or document which the person has been required to produce;>

Johann Lamont

194 In schedule 3, page 69, line 36, after <in> insert <any aspect of the investigation of the complaint (including deciding under section 2(2)(a) whether the complaint was frivolous, vexatious or totally without merit ) or >

Johann Lamont

195 In schedule 3, page 69, line 37, at end insert—

<( ) requiring, where the Commission itself (and not one of its determination committees) determines a complaint under section 7(1) or makes a determination or direction under section 8(2) in relation to a complaint, that any member of the Commission involved in doing so must not have been involved in any aspect of the investigation of the complaint (including any matter referred to in paragraph 13(1A)(a) to (c) of schedule 1) or the formulation or making by the Commission under section 7(2) of a proposed settlement as respects the complaint;>

Johann Lamont

196 In schedule 3, page 69, line 38, leave out <(if any)>

Johann Lamont

197 In schedule 3, page 70, line 1, leave out <(if any)>

Johann Lamont

198 In schedule 3, page 70, leave out lines 18 to 22

Schedule 4

Johann Lamont

199 In schedule 4, page 72, line 14, after <"or",> insert <where it first occurs,>

Johann Lamont

200 In schedule 4, page 72, line 19, after <42ZA(1)> insert <or (1A)>

Johann Lamont

201 In schedule 4, page 72, line 19, after <20ZA(1)> insert <or (1A)>

Johann Lamont

202 In schedule 4, page 74, line 38, at end insert—

<( ) in subsection (1), after "section", where it first occurs, insert "(except subsection (4A))";>

Johann Lamont

203 In schedule 4, page 75, line 5, leave out <court> and insert <Court>

Johann Lamont

204 In schedule 4, page 75, line 9, leave out first <court> and insert <Court>

Johann Lamont

205 In schedule 4, page 75, line 9, leave out second <court> and insert <Court>

Johann Lamont

206 In schedule 4, page 75, line 17, after <practice> insert <or one of its employees>

Johann Lamont

207 In schedule 4, page 75, line 21, at end insert <;

( ) in subsection (5), the word "and" following the definition of "material date" is repealed>

Johann Lamont

208 In schedule 4, page 75, line 32, leave out <court> and insert <Court>

Johann Lamont

209 In schedule 4, page 75, line 35, leave out first <court> and insert <Court>

Johann Lamont

210 In schedule 4, page 75, line 35, leave out second <court> and insert <Court>

Mr David Davidson

211 In schedule 4, page 76, line 9, at end insert—

(b) in subsection (3)(b), after "judge" insert "(including a sheriff and a chairman of a tribunal)".>

Johann Lamont

212 In schedule 4, page 76, line 20, at end insert <;

( ) after that subsection, insert—

"(3) Rules made by the Tribunal under subsection (2) for regulating the making, hearing or determining of appeals referred to in paragraph (aa) or (ab)(ii) of that subsection may include provision as to persons being entitled, or required by the Tribunal, to appear or be represented at the appeal.">

Johann Lamont

213 In schedule 4, page 76, line 25, leave out <, (c) or (d)>

Johann Lamont

214 In schedule 4, page 76, line 25, leave out from <or> to <practice> in line 26

Johann Lamont

215 In schedule 4, page 76, line 30, at end insert—

<(aa) after subsection (7A), insert—

"(7B) A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in its favour bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.>

Johann Lamont

216 In schedule 4, page 76, line 31, leave out <(8)> and insert <(9) (as inserted by section 38(1)(c) of this Act)>

Johann Lamont

217 In schedule 4, page 76, line 32, leave out <(8A)> and insert <(10)>

Johann Lamont

218 In schedule 4, page 76, line 36, leave out <(8B)> and insert <(11)>

Johann Lamont

219 In schedule 4, page 76, line 37, leave out <paragraph (bb) of subsection (2), and>

Johann Lamont

220 In schedule 4, page 76, line 37, leave out <, apply> and insert <applies>

Johann Lamont

221 In schedule 4, page 79, line 3, at end insert—

<( ) at the end, insert ";

(f) for the purposes of, or required by virtue of, section 50 of the Freedom of Information (Scotland) Act 2002 (asp 13)".>

Johann Lamont

222 In schedule 4, page 79, line 24, leave out <paragraph (f) is> and insert <paragraphs (a), (b) and (f) are>

Johann Lamont

223 In schedule 4, page 80, line 7, at end insert—

<(jj) after subsection (11E) (as inserted by section 38A(2)(d)), insert—

"(11F) A direction of the Tribunal under this section is enforceable in like manner as an extract registered decree arbitral in its favour bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.";>

New amendments to Bills lodged on 7 December 2006

Legal Profession and Legal Aid (Scotland) Bill – Stage 3

After section 14

Mr Jim Wallace

Supported by: Jackie Baillie

3D As an amendment to amendment 3, line 5, after <Part> insert <as respects a complaint>

Mr Jim Wallace

Supported by: Jackie Baillie

3E As an amendment to amendment 3, line 21, leave out <unreasonably> and insert <irrationally>

Mr Jim Wallace

Supported by: Jackie Baillie

3F As an amendment to amendment 3, leave out line 26

Mr Jim Wallace

Supported by: Jackie Baillie

4A As an amendment to amendment 4, line 4, after <substituting> insert <its own decision for>

Section 38A

Mr David Davidson

224 In section 38A, page 43, leave out lines 29 to 33

Section 47

Mr David Davidson

225 Leave out section 47

Section 49

Johann Lamont

226 In section 49, page 59, line 14, after <section> insert <17(1) or>

Johann Lamont

227 In substitution for amendment 173—

In section 49, page 59, line 17, leave out <, 16(8), 17(1), (3) or (4)> and insert <or 16(8)>

Schedule 4

Mr David Davidson

228 In schedule 4, page 73, leave out lines 20 to 24

Mr David Davidson

229 In schedule 4, page 73, leave out lines 31 to 38

Mr David Davidson

230 In schedule 4, page 74, leave out lines 31 to 34

Mr David Davidson

231 In schedule 4, page 76, leave out lines 3 to 9

Mr David Davidson

232 In schedule 4, page 76, leave out lines 31 to 37

Mr David Davidson

233 In schedule 4, page 76, line 37, at end insert—

<( ) Sections 53A (inadequate professional services: powers of Tribunal), 53B (inadequate professional services: appeal to Tribunal against Council determination or direction), and 53C (inadequate professional services: enforcement by Tribunal of Council direction) are repealed.>

Mr David Davidson

234 In schedule 4, page 77, leave out lines 8 to 12

Mr David Davidson

235 In schedule 4, page 77, leave out lines 21 to 24

Mr David Davidson

236 In schedule 4, page 82, leave out lines 12 to 15

Contents An A B C D E F G H I J