HL Deb 25 October 1990 vol 522 cc1660-1

191 Schedule 1, page 73, line 9, after 'may', insert ', with the consent of the Secretary of State,'.

192 Page 73, line 12, leave out 'by way of compensation for loss of employment' and insert '(including pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of employment).'.

193 Page 73, line 12, after 'may', insert ', with the consent of the Secretary of State,'.

194 Page 74, line 30, leave out 'a conveyancing practitioner,'.

195 Page 74, line 33, leave out 'a conveyancing practitioner or'.

196 Page 74, leave out from beginning of line 36 to 'and' in line 40 and insert 'or (c) a decision to take any step set out in subsection (3) (a) to (f) of section 19 of this Act;'.

197 Page 74, line 42, leave out 'conveyancing practitioner,'.

198 Page 75, line 1, leave out 'a conveyancing practitioner' and insert 'an independent qualified conveyancer'.

199 Page 75, leave out lines 16 to 18 and insert: `18. The Board may exercise the power conferred by paragraph 18A below for the following purposes—

  1. (a) an inquiry under subsection (1) of section 19 of this Act;
  2. (b) a review of a decision by virtue of subsection (12) (a) of that section; and
  3. (c) consideration by the Board whether to exercise the powers conferred on them by section (Board's intervention powers) of this Act.

18A. The Board may give notice in writing to a practitioner specifying the subject matter of their investigation and requiring either or both of the following—

200 Page 75, line 21, leave out 'or qualified conveyancer'.

201 Page 75, line 22, leave out 'inquiry' and insert 'investigation'.

202 Page 75, line 24, leave out 'or qualified conveyancer'.

203 Page 75, line 25, leave out 'inquiry' and insert `investigation'.

204 Page 75, line 26, leave out 'or qualified conveyancer'.

205 Page 75, line 27, leave out '18(a)' and insert '18A(a)'.

206 Page 75, line 28, leave out 'or qualified conveyancer'.

207 After Schedule 1, insert the following new Schedule—

'Publication of Applications Made Under Section 23

1. Any professional or other body making an application under section 23 of this Act shall, for a period of six weeks beginning with the date on which the application is submitted to the Lord President and the Secretary of State,—

  1. (a) make a copy of the draft scheme referred to in section 23(2) of this Act available for public inspection at a specified place; and
  2. (b) on a request from any person—
    1. (i) send him a copy of the draft scheme; or
    2. (ii) make a copy of the draft scheme available for public inspection at a suitable place in his locality.

2. Any person may make written representations concerning any draft scheme submitted under section 23 of this Act, and such representations shall—

  1. (a) be made to both the Lord President and the Secretary of State; and
  2. (b) be delivered to both the Lord President and the Secretary of State before the expiry of the period of six weeks beginning with the date on which the application is made.

3. At the same time as an application under section 23 is submitted to the Lord President and the Secretary of State, the body making the application shall place an advertisement mentioning the matters referred to in paragraph 4 below in the Edinburgh Gazette and in a daily newspaper circulating throughout Scotland.

4. An advertisement such as referred to in paragraph 3 above shall state that—

  1. (a) a copy of the draft scheme referred to in section 23(2) of this Act will be available for public inspection at a specified place for a period of six weeks beginning with the date on which the advertisement appears;
  2. (b) a copy of the draft scheme will be—
    1. (i) sent, free of charge, to any person on request; or
    2. (ii) made available for public inspection at a suitable place in that person's locality;
  3. (c) any person may make written representations concerning the draft scheme to the Lord President and the Secretary of State; and
  4. (d) any such representations are to be delivered within the period of six weeks beginning with the date on which the application is made.'.

208 Schedule 2, page 75, leave out lines 38 to 44, and insert: `3.—(l) The Secretary of State may with the consent of the Treasury determine the terms and conditions of service, including remuneration, of the ombudsman.

(2) Where a person appointed to the office of ombudsman ceases to hold that office otherwise than on the expiry of the term of office specified in his appointment, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, make a payment to that person of such amount as the Secretary of State may, with the consent of the Treasury, determine.

4. The Secretary of State may appoint staff for the ombudsman of such number, and on such terms and conditions of service, as he may with the consent of the Treasury determine; and such terms and conditions may include provision as to remuneration and as to compensation for loss of employment (which may take the form of pensions, allowances or gratuities).

4A. Neither the ombudsman nor his staff are, in such capacity, Crown servants.

5. The Secretary of State shall pay the expenses of the ombudsman and of his staff.'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 192 to 208.

Moved, That the House do agree with the Commons in their Amendments Nos. 192 to 208.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.