§ 76 Clause 19, page 25, line 30, after 'them)' insert 'and after giving the practitioner concerned an opportunity to make representations'.
§ Lord Fraser of CarmyllieMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 76. In moving this amendment, I shall speak also to Amendments Nos. 80, 92, 95, and 196.
This group of amendments introduces some important though straightforward procedural changes to the disciplinary arrangements for executry practitioners and qualified conveyancers. It is only fair that practitioners against whom a complaint has been made have a statutory right to make representations to the board; also, that they are told in writing the outcome of an investigation.
The provisions already give practitioners a right of appeal, first, to the board's own review procedures and then to the Court of Session. Amendment No. 92 requires the board to await the outcome of appeals before recording decisions on its registers. Amendment No. 95 provides for the board to review all its disciplinary decisions by adding in those which require work to be redone or fees repaid. Amendment No. 196 gives the board better access to information that it may need to conduct a review of a disciplinary decision.
All these amendments are in accordance with the principles of natural justice and have parallels in the Solicitors (Scotland) Act.
Moved, That the House do agree with the Commons in their Amendment No. 76.—(Lord Fraser of Carmyllie.)
§ On Question, Motion agreed to.