HL Deb 25 October 1990 vol 522 c1566

90 Page 27, line 5, at end insert:

'(8A) Where a practitioner—

  1. (a) fails to comply with a notice under subsection (8) above; or
  2. (b) complies with such a notice but the Board are not satisfied as to the steps taken by the practitioner to comply with the direction to which the notice relates,
the Board may apply to the Court of Session for an order requiring the practitioner to comply with the direction to which the notice relates within such time as the court may order.'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 90.

This amendment simply provides the board with an additional enforcement power to enable it to ensure compliance with any disciplinary direction it may issue. It allows the board to invoke the power of the court in support of its disciplinary measures by providing for it to seek an order from the Court of Session requiring the practitioner to comply with a disciplinary direction. A similar power is available to the Council of the Law Society to secure enforcement of its disciplinary decisions by application to the solicitors' discipline tribunal.

Moved, That the House do agree with the Commons in their Amendment No. 90. - (Lord Fraser of Carmyllie.)

On Question, Motion agreed to.