Schedule 3 — Minor and Consequential Modifications of Enactments Other modifications
344.Paragraph 39 makes other minor amendments to the 1980 Act.
345.Sub-paragraphs (2) to (7) remove the requirement that certain matters are to be communicated specifically in writing. Those matters pertain to the suspension of a practising certificate or registration certificate.
346.Sub-paragraph (10) amends section 32 (offence for unqualified persons to prepare certain documents) so that the offence, insofar as it concerns an unqualified person who draws or prepares any writ relating to any action or proceedings in any court, does not apply to a person referred to in substituted paragraph (2B)(a) of that section.
347.Sub-paragraph (12) enables a body corporate to appeal to the Court of Session against a decision by the Council to refuse to recognise the body corporate as being suitable in terms of section 34(1A)(b).
348.Sub-paragraph (13) amends section 44 (professional indemnity) to adjust the meaning of an “authorised insurer” so that references to Part 4 of the Financial Services and Markets Act 2002 are substituted with references to Part 4A of that Act. These amendments are required in consequence of the insertion of Part 4A by the Financial Services Act 2012.
349.Sub-paragraph (15) amends section 61A (solicitors’ fees) so that subsection (1) of that section is without prejudice to sections 103(2)(j) and 104(2)(j) of the Courts Reform (Scotland) Act 2014.
350.Sub-paragraph (17) makes provision relating to individual culpability where the offence is committed by an organisation. Where an offence is committed by a “relevant organisation”, new section 63A of the 1980 Act provides that the relevant organisation and, in some cases, a “responsible official” or an individual purporting to act in such capacity in that organisation, are both to be held responsible. It ensures that those running legal entities who are responsible for the decisions leading to an offence can also be prosecuted for it.
351.Sub-paragraph (18) amends section 65 (interpretation) to insert definitions for a “category 1 regulator”, a “category 2 regulator” and “legal services”, with the same meanings as those accordingly provided by section 7 and section 5 of this Act.