The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011

JurisdictionScotland
CitationSSI 2011/235

2011 No. 235

Legal Aid And Advice

Legal Profession

The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011

Made 22th March 2011

Coming into force in accordance with article 2

The Scottish Ministers make the following Order in exercise of the powers conferred by section 78 of the Legal Profession and Legal Aid (Scotland) Act 20071and all other powers enabling them to do so.

In accordance with section 79(3)(c)(i) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation
S-1 Citation

Citation

1. This Order may be cited as the Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011.

Commencement
S-2 Commencement

Commencement

2.—(1) This Order, apart from article 5, comes into force the day after the day it is made.

(2) Article 5 comes into force immediately after the commencement of section 75 of the Legal Profession and Legal Aid (Scotland) Act 2007.

Amendment of the Solicitors (Scotland) Act 1980
S-3 Amendment of the Solicitors (Scotland) Act 1980

Amendment of the Solicitors (Scotland) Act 1980

3.—(1) The Solicitors (Scotland) Act 19802is amended in accordance with this article.

(2) For section 3A(5)(b)(i) substitute—

“(i)

“(i) whether paragraph (a) or (d) of the said section 20(1) applies to the practitioner;”.

(3) In section 53(2)(c) for “(3)” substitute “(3ZA)”.

Amendment of the Legal Aid (Scotland) Act 1986

Amendment of the Legal Aid (Scotland) Act 1986

S-4 In section 4(2) of the Legal Aid (Scotland) Act 1986 renumber...

4. In section 4(2) of the Legal Aid (Scotland) Act 19863renumber as paragraph (abc) the paragraph numbered (ac) inserted by paragraph 39 of Schedule 3 to the Equality Act 20064.

S-5 The Legal Aid (Scotland) Act 1986 is amended in accordance with...

5.—(1) The Legal Aid (Scotland) Act 1986 is amended in accordance with this article.

(2) In section 4(2)5

(a)

(a) in paragraph (aba), for “17(2C)” substitute “17(2DA)”; and

(b)

(b) in paragraph (abb), for “17(2D)” substitute “17(2DB)”.

(3) In section 17 renumber as subsection (2DA) and (2DB) respectively the subsections numbered (2C) and (2D) inserted by section 75(4) of the Legal Profession and Legal Aid (Scotland) Act 2007.

Amendment of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
S-6 Amendment of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Amendment of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

6.—(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 19906is amended in accordance with this article.

(2) In section 20—

(a)

(a) for subsection (2B)(d) substitute—

“(d)

“(d) a step which the Council may take in respect of a practitioner under subsection (2)(c) above.”;

(b)

(b) omit subsection (5);

(c)

(c) in subsection (6) omit “subsection (2)(a) or (b) above, or the Tribunal, by virtue of subsection (2B)(d) above, make a similar direction, or where the Council make a direction under”; and

(d)

(d) in subsection (11) for “(2)(a)” substitute “(2)(c)”.

(3) In section 20A(2)(a)(iii) for “(2)(a)” substitute “(2)(c)”.

Amendment of the Legal Profession and Legal Aid (Scotland) Act 2007
S-7 Amendment of the Legal Profession and Legal Aid (Scotland) Act 2007

Amendment of the Legal Profession and Legal Aid (Scotland) Act 2007

7. In section 75(4) of the Legal Profession and Legal Aid (Scotland) Act 2007, in the opening words for “(2B)” substitute “(2D)”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

22nd March 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies section 75(4) of the Legal Profession and Legal Aid (Scotland) Act 2007 (“the 2007 Act”) ahead of that section coming into force and modifies other enactments in consequence of provisions of the 2007 Act.

Article 3 amends the Solicitors (Scotland) Act 1980 (“the 1980 Act”). Specifically it—

(a) removes from section 3A(5)(b)(i) of the 1980 Act references to section 20(1)(b) and (c) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (“the 1990 Act”) in consequence of the repeal of the latter provisions by paragraph 3(4)(b)(ii) of schedule 5 to the 2007 Act (article 3(2));

(b) amends section 53(2)(c) of the 1980 Act in consequence of the insertion of subsection (3ZA) into section 53 of the 1980 Act by paragraph 1(19)(a) of schedule 5 to the 2007 Act. Prior to the amendment effected by this Order, section 53(2)(c) cross-referred to section...

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