. In section 4 of the Community Service by Offenders (Scotland) Act 1978 (which, amongst other things, gives the court powers to deal with failure to comply with community service order) there shall be added at the end the following subsection—

"(3) The evidence of one witness shall, for the purposes of subsection (2) above, be sufficient evidence.".'.

No. 110, in page 91, leave out from beginning of line 33 to end of line 14 on page 92 and insert—

'(5) In section 26 of the 1980 Act (offence for solicitors to act as agents for unqualified persons)—

"(4) Subsection (1)(c) and (d) shall not apply in relation to—

6.30 pm

Amendment agreed to.

Amendments made: No. 112, in page 92, line 22, at end insert 'providing conveyancing services'

No. 79, in page 92, line 36, at end insert—

'(7A) In section 42A (powers of Council where inadequate professional services alleged), at the end of subsection (2) there shall be inserted the following paragraph—

"(d) to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Council may specify.".'

No. 80, in page 93, line 7, at end insert '(a)'.

No. 81, in page 93, line 10, at end insert—

'and

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

"(d) to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Tribunal may specify.".'

No. 126, in page 93, line 22, at end insert—

'(11A) After section 56 there shall be inserted the following section—

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)—

"(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—

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—

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

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

"multi-national practice" means—

(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—

31A.—(l) The Companies Act 1985 shall be amended as follows.

(2) In section 38(1) (appointment of attorney to execute deeds abroad), the words "under the law of England and Wales" shall cease to have effect.

(3) In section 39(3) (official seal for use abroad), the words "or, in the case of a company registered in Scotland, subscribed in accordance with section 36B," shall cease to have effect.

(4) In section 186 (share certificate to be evidence of title), the words "(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)" shall cease to have effect.

(5) In section 188(2) (issue and effect of share warrant to bearer), the words "(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)" shall cease to have effect.

(6) Subsection (2) of section 462 (power of company to create floating charges under Scots law) shall cease to have effect.'

No. 132, in page 95, line 26, at end insert—

32A. Section 53(3) of the Insolvency Act 1986 (execution of instrument appointing receiver) shall cease to have effect.' — [Lord James Douglas-Hamilton.]

Amendment agreed to.

Amendments made: No. 117, in page 95, line 28, leave out 'the Legal Aid (Scotland) Act 1986' and insert 'that Act'.

No. 118, in page 96, line 9, at end insert—

'(4A) After subsection (2) of section 17 (contributions and payments out of property received) of that Act, there shall be inserted the following subsections—

"(2A) Except in so far as regulations made under this section otherwise provide, any sum of money recovered under an award of or an agreement as to expenses in favour of any party in any proceedings in respect of which he is or has been in receipt of civil legal aid shall be paid to the Board.

(2B) Except in so far as regulations made under this section otherwise provide, where, in any proceedings, there is a net liability of the Fund on the account of any party, the amount of that liability shall be paid to the Board by that party, in priority to any other debts, out of any property (wherever situate) which is recovered or preserved for him—

(4B) Subsections (3) to (5) of that section shall cease to have effect.

(4C) In subsection (6) of that section, for the words "subsection (5)" there shall be substituted the words "subsections (2A) or (2B)".

(4D) In subsection (8) of that section, for the words from "subsection" to the end there shall be substituted the words "subsection (1) above and in section 33 of this Act to "fees and outlays" include references to sums which would have been payable to that solicitor if he had been so employed.".'

No. 119, in page 96, line 20, leave out from 'words' where it first appears to the end of line 21 and insert—

'", his counsel" there shall be substituted the words "or a solicitor holding rights of audience by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, his counsel or such a solicitor".

(8A) In subsection (9)(b) of the said section 31, at the beginning there shall be inserted "Subject to subsection (11) below,".

(8B) At the end of the said section 31 there shall be inserted the following subsection—

"(11) Nothing in subsection (9)(b) above shall enable the Secretary of State to make regulations authorising the granting of legal aid only to solicitors holding rights of audience under section 25A (rights of audience) of the Solicitors (Scotland) Act 1980.".'.

No. 120, in page 96, line 26, at end insert—

33A. In section 6(1) of the Criminal Justice (Scotland) Act 1987 (definition of implicative gifts), for the words "mentioned in section 5(2) of this Act" there shall be substituted "on which, in respect of a person suspected of, or charged with, an offence to which section 1 of this Act relates, the warrant to arrest and commit was granted, or a restraint order was made (whichever first occurs).".'—[Lord James Douglas-Hamilton.]