HL Deb 03 February 1997 vol 577 cc1485-7

6.15 p.m.

The Lord Advocate (Lord Mackay of Drumadoon) rose to move, That the draft regulations laid before the House on 13th January be approved [9th Report from the Joint Committee].

The noble and learned Lord said: My Lords, in moving the above regulations I shall, with the leave of the House, speak also to the Executry Practitioners (Scotland) Regulations 1997 which follow on. Both sets of draft regulations were laid before the House on 13th January this year. They relate to the new professions of qualified conveyancer and executry practitioner for Scotland which were established by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Both these new professions are intended to increase competition among legal service providers and to enhance consumer choice.

Independent qualified conveyancers will be able to offer all conveyancing services—some of which are at present reserved to solicitors—and executry practitioners will be able to offer the Scottish equivalent of probate services. Members of both professions will be regulated by the Scottish Conveyancing and Executry Services Board, which was revived last year after a period of suspension caused by the state of the housing market in Scotland and difficulties which have been experienced in arranging affordable cover for practitioners to cover indemnity insurance and compensation arrangements.

I am pleased to inform the House that the board has been able to arrange a professional indemnity insurance master policy at a premium comparable to that paid by solicitors in Scotland; and a compensation fund is now in place which will provide protection for the customer against fraud or dishonesty. In the period before contributions from practitioners into the fund have built up sufficiently, it will be backed by insurance and a relatively small government guarantee.

It is anticipated that in the early years the number of practitioners participating under the procedures laid out in the regulations will be small. However, there are a number of students currently taking the qualifications offered by the University of Abertay and Glasgow Caledonian University, both of which have been accredited by the Scottish Conveyancing and Executry Services Board. A number of students have already qualified and embarked upon their practical training. I understand that those who have completed their courses are finding training available to them in what is now a very competitive market. Courses are also in prospect at two other universities and part-time training opportunities are available.

The draft regulations before the House today were first issued in draft form for the purposes of consultation in December 1995. This was a major consultation exercise, with over 160 copies of the consultation document being issued and over 40 substantive responses received. In the event, those responses were very helpful to the Government and allowed our thinking on the draft regulations to develop. The regulations also benefited from the advice of the Director General of Fair Trading whom my right honourable friend the Secretary of State for Scotland is required to consult.

Following on from the consultation exercise, a new draft was prepared and a second consultation exercise took place in September last year. The latter produced no new significant points, but gave rise to further discussions between the Law Society of Scotland and the Government to resolve one or two minor points of concern. I am happy to say that that was achieved.

I do not think it is necessary to go through the detail of either these or the following regulations. I am happy to assure the House that they will regulate both these new professions to the highest possible professional standards. On that basis I commend them to the House. I beg to move.

Moved, That the draft regulations laid before the House on 13th January be approved [9th Report from the Joint Committee].—{Lord Mackay of Drumadoon.)

Lord Macaulay of Bragar

My Lords, the noble and learned Lord the Lord Advocate has given a clear exposition of these two important sets of regulations. I was pleased to hear the news about the major insurance policy and the compensation fund. One can only hope that neither of those will be called upon too often once the practitioners begin their work.

Both sets of regulations are welcomed by this side of your Lordships' House. After consultation and adjustment they were given a fair wind in another place. The detail and comprehensive composition of the regulations is such as to allay reservations about the operation of these two bodies in relation to conveyancing and executry practice. It goes without saying, once one reads the detail of these two sets of regulations, that a great deal of hard work and thought has gone into their preparation. I am sure your Lordships' House would wish to put on record our thanks to all those involved in producing the final regulations which are now before us.

Only time will tell how efficient and effective these regulations will be in regulating the operations of these two bodies in serving the public and individual interest. The regulations are clear and easily understood. None of the practitioners who contravene the regulations will have much of an excuse if he says he could not understand the terminology of the regulations. We hope that they will be a valuable addition as regards the protection of the public and the individual. As I said earlier, this side of the House welcomes both sets of regulations.

On Question, Motion agreed to.