315.Paragraph 15 amends the 1990 Act in consequence of changes made to the 2007 Act by Part 3 of the Act. The amendments also mirror changes made to the 1980 Act relating to conduct complaints. Section 20ZB of that Act is amended to enable the Council to propose a settlement regarding a complaint to the practitioner and complainer, or to accept a proposal from a practitioner that the Council considers is fair and reasonable in the circumstances. If the settlement is accepted, then the Council must make a direction giving effect to it and may not determine the complaint unless the practitioner has failed to comply with the direction (or the direction is quashed on appeal). The amendments also provide that where the Council censures a practitioner, the censure may be for a specified period and the Council must give its reasons for doing so when intimating the censure. The amendment also provides for appeals to the Tribunal and the powers of the Tribunal in those appeals.
316.New section 20ZF of the 1990 Act provides that the rules made by the Council under section 42D(1)(a) to (d) of the 1980 Act apply in relation to the 1990 Act.
Schedule 3 — Minor and Consequential Modifications of Enactments Law Reform (Miscellaneous Provisions) (Scotland) Act 1990