HL Deb 25 October 1990 vol 522 cc1559-60

60 Page 23, line 7, leave out 'conveyancing practitioner or solicitor' and insert 'independent qualified conveyancer, solicitor or incorporated practice'.

61 Page 23, line 8, leave out 'a conveyancing practitioner' and insert 'an independent qualified conveyancer'.

62 Page 23, line 18, at end insert:

'(13) Any qualified conveyancer not registered as an independent qualified conveyancer under subsection (7A) above who—

  1. (a) wilfully and falsely—
    1. (i) pretends to be an independent qualified conveyancer; or
    2. (ii) takes or uses any name, title, addition or description implying that he is an independent qualified conveyancer; or
  2. (b) provides conveyancing services to the public for a fee, gain or reward,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(13A) Where an offence under subsection (13) (a) above is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—

  1. (a) any director, secretary or other similar officer of the body corporate; or
  2. (b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(13B) Where an offence under subsection (13) (a) above is committed by a partnership and is proved to have been committed with the consent or connivance of a partner, he (as well as the partnership) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(13C) Any independent qualified conveyancer who provides conveyancing services upon the account of, or for the profit of, any person other than—

  1. (a) a solicitor;
  2. (b) an incorporated practice within the meaning of section 65 of the 1980 Act;
  3. (c) a multi-disciplinary practice within the meaning of that section; or
  4. (d) another independent qualified conveyancer,
knowing that person not to be a solicitor, incorporated practice, multi-disciplinary practice or independent qualified conveyancer, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(14) Any rule imposed by any professional or other body which purports to prevent a solicitor or any person mentioned in section 32(2) of the 1980 Act (unqualified persons who may draw and prepare documents relating to heritable estate etc) from—

  1. (a) acting as an employee of an independent qualified conveyancer in connection with the provision of conveyancing services; or
  2. (b) acting on behalf of an independent qualified conveyancer in connection with the provision of such services,
shall be of no effect.'.

63 Clause 17, page 24, line 2, after 'may' insert 'within 21 days of the date on which the Board's decision is intimated to it'.

64 Page 24, line 4, leave out 'if it is not satisfied' and insert 'within 21 days of the date on which the outcome of such review is intimated to it'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 60 to 64. I spoke to these amendments when speaking to Amendment No. 47.

Moved, That the House do agree with the Commons in their Amendment Nos. 60 to 64.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.