HL Deb 25 October 1990 vol 522 cc1561-2

68 Page 24, line 25, leave out subsection (12).

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 68. In moving this amendment, I shall speak also to Amendments Nos. 98, 104, 109, 199, 201, 203 and 205.

This clause is intended to enhance the regulatory structure under which the Scottish Conveyancing and Executry Services Board is to operate. Similar provision exists in the Solicitors (Scotland) Act 1980.

The new clause gives the board the power to intervene in the business of an independent qualified conveyancer or an executry practitioner where it appears to the board that the interests of that practitioner's clients are likely to be put at serious risk. While the power is not likely to be used often it could prove extremely valuable if a practitioner were to deviate from acceptable business practice to such an extent as to threaten the interests of clients or indeed prospective clients. The board's powers under this clause are backed up by an enforcement mechanism which allows it to go to the Court of Session for an order to secure compliance.

Moved, That the House do agree with the Commons in their Amendment No. 68.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.