HL Deb 25 October 1990 vol 522 cc1558-9

55 Page 22, line 29, at end insert:

'(7A) Where a qualified conveyancer informs the Board that he intends to provide conveyancing services to the public for a fee, gain or reward, and—

  1. (a) satisfies the Board that he has made adequate arrangements for the satisfaction of any successful claims against him arising out of such provision by him of such services; or
  2. (b) participates in the arrangements made by the Board for that purpose under subsection (9B) (b) below,
the Board shall make an annotation on the register against his name to the effect that he is an independent qualified conveyancer; and where he subsequently informs them that he intends to cease providing such services to the public for a fee, gain or reward, they shall remove that annotation.'.

56 Page 22, line 29, at end insert:

'(7B) Any person or body other than—

  1. (a) an independent qualified conveyancer; or
  2. (b) a solicitor; or
  3. (c) an incorporated practice within the meaning of section 65 of the 1980 Act (interpretation); or
  4. (d) a multi-disciplinary practice within the meaning of that section,
who employs a qualified conveyancer under a contract of employment for the purpose of providing conveyancing services for persons other than himself or, as the case may be, themselves, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 4 on the standard scale.'.

57 Page 22, line 31, after 'shall', insert:

  1. '(a) where, in the case of an independent qualified conveyancer, they are satisfied that he has made adequate arrangements with respect to the business he then has in hand; and
  2. (b) in any other case, without further enquiry,'.

58 Page 22, line 37, at end insert:

`(9A) The Secretary of State shall, subject to section 33 of this Act and after consultation with such persons as he considers appropriate, by regulations make such provision as he thinks fit with a view to maintaining appropriate standards of conduct and practice of independent qualified conveyancers, and such regulations shall, in particular, make provision with respect to—

  1. (a) the manner in which such conveyancers conduct the provision of conveyancing services;
  2. (b)conflicts of interest;
  3. (c) the contractual obligations of such conveyancers;
  4. (d) the holding of clients' money; and
  5. (e) the disclosure of and accounting for commissions.

(9AA) Regulations under subsection (9A) above shall be made by statutory instrument and no regulations shall be made under that subsection unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(9B) The Board shall, in relation to the provision of conveyancing services by independent qualified conveyancers, and subject to subsection (9C) below—

  1. (a) establish and maintain suitable procedures for dealing with any complaints made to them in connection with the provision of conveyancing services by such conveyancers; and
  2. (b) make suitable arrangements (whether by means of insurance policies or otherwise) to secure that any successful claims made against such a conveyancer in connection with the provision of conveyancing services are satisfied.

(9C) Before establishing procedures or making arrangements under subsection (9B) (a) or, as the case may be, (b) above, the Board shall submit particulars of the proposed procedures or arrangements to the Secretary of State for his approval.

(9D) Before making any rules under subsection (3) or (9A) (c) above, the Board shall submit the rules to the Secretary of State for his approval, and before approving any such rules the Secretary of State shall consult—

  1. (a) the Director in accordance with section 33 of this Act; and
  2. (b) such other persons as he considers appropriate.

(9E) It shall be the duty of—

  1. (a) an independent qualified conveyancer to comply with the requirements of regulations made under subsection (9A) (c) above and any direction of the Board under section 19(3) (a) or (b) of this Act; and
  2. (b) the Board to ensure such compliance.'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 55 to 58. I spoke to these amendments when speaking to Amendments Nos. 47 to 52.

Moved, That the House do agree with the Commons in their Amendments Nos. 55 to 58.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.