Hansard

'The Community Service By Offenders (Scotland) Act 1978

Volume 177: debated on Wednesday 17 October 1990

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. 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)—

  • (a) in subsection (1)(c), at the beginning there shall be inserted "subject to subsection (4),";
  • (b) in subsection (1)(d), at the beginning there shall be inserted "subject to subsection (4),";
  • (c) in subsection (2), at the end there shall be inserted "or employed by a law centre."; and
  • (d) after subsection (3) there shall be inserted—

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

  • (a) writs relating to heritable or moveable property drawn or prepared upon the account of or for the profit of independent qualified conveyancers providing conveyancing services within the meaning of section 20 (interpretation of sections 14 to 19) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; or
  • (b) papers to found or oppose an application for a grant of confirmation in favour of executors drawn or prepared upon the account of or for the profit of an executry practitioner or recognised financial institution providing executry services within the meaning of the said section 20.".'—[Lord James Douglas-Hamilton.]

    • 6.30 pm

    Lord James Douglas-Hamilton

    I beg to move amendment No. 111, in page 92, leave out line 17.

    Mr. Deputy Speaker

    With this it will be convenient to take Government amendment No. 87.

    Lord James Douglas-Hamilton

    This amendment again honours a commitment that I gave in Committee.

    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—