"Further Provision As To Compensation Awards

56A.—(1) The taking of any steps under section 42A(2) or 53A(2) shall not be founded upon in any proceedings for the purpose of showing that the solicitor in respect of whom the steps were taken was negligent.

(2) A direction under section 42A(2)(d) or 53A(2)(d) to a solicitor to pay compensation to a client shall not prejudice any right of that client to take proceedings against that solicitor for damages in respect of any loss which he alleges he has suffered as a result of that solicitor's negligence, and any sum directed to be paid to that client under either of those provisions may be taken into account in the computation of any award of damages made to him in any such proceedings.

(3) The Secretary of State may by order made by statutory instrument amend subsection (2)(d) of sections 42A and 53A by substituting for the sum for the time being specified in those provisions such other sum as he considers appropriate.

(4) Before making any such order the Secretary of State shall consult the Council.

(5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'

No. 83, in page 93, leave out lines 23 to 28 and insert—

'(12) In section 63 (penalties and time limit for prosecution of offences)—

(a) in subsection (1)—

(i) for the words "level 3" there shall be substituted the words "level 4"; and

(ii) the words from "and to imprisonment" to the end shall cease to have effect; and

(b) after subsection (2) there shall be inserted the following subsections—

"(3) Where an offence under this Act 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—

(a) any director, secretary or other similar officer of the body corporate; or

(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.

(4) Where an offence under this Act is committed by a partnership or by an unincorporated association (other than a partnership) and is proved to have been committed with the consent or connivance of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence and shall be liable to and punished accordingly.".'

No. 113, in page 93, line 29, leave out 'section 65(1)' and insert

'subsection (1) of section 65'.

No. 114, in page 93, line 31, leave out 'and' and insert—

' ""foreign lawyer" means a person who is not a solicitor or an advocate but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outwith Scotland;";

(aa) after the definition of "judge" there shall be inserted—

"law centre" means a body—

(a) established for the purpose of providing legal services to the public generally as well as to individual members of the public; and

(b) which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre;";

(ab) after the definition of "Lord President" there shall be inserted—

"multi-disciplinary practice" means a body corporate or a partnership—

(a) having as one of its directors or, as the case may be, partners, a solicitor or an incorporated practice; and

(b) which offers services, including professional services such as are provided by individual solicitors, to the public; and

(c) where that solicitor or incorporated practice carries out, or supervises the carrying out of, any such professional services as may lawfully be carried out only by a solicitor;

"multi-national practice" means—

(a) a partnership whose members are solicitors or incorporated practices and registered foreign lawyers; or

(b) a body corporate whose members include registered foreign lawyers, and membership of which is restricted to solicitors, incorporated practices, registered foreign lawyers and other multi-national practices;";

(ac) after the definition of "property" there shall be inserted—

"registered foreign lawyer" means a foreign lawyer who is registered under section 60A;".'

No. 115, in page 93, line 35, at end insert—

'and

(c) in the definition of "unqualified person", after the word "person" there shall be inserted ", other than a multi-disciplinary practice,".'

No. 84, in page 94, leave out lines 17 to 21 and insert—

' "14A. In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than—
(a) the solicitor against whom the complaint was made; or
(b) his partners; or
(c) his or their families,
but where they so refrain they shall publish their reasons for so doing.".'

No. 131, in page 95, line 17, at end insert—

Volume 177: debated on Wednesday 17 October 1990