{
  "url": "https://openlegislation.uk/executry-practitioners-scotland-regulations-1997/regulation-10",
  "json_url": "https://openlegislation.uk/executry-practitioners-scotland-regulations-1997/regulation-10.json",
  "legislation": "uksi/1997/317",
  "legislation_title": "The Executry Practitioners (Scotland) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/executry-practitioners-scotland-regulations-1997",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Actual conflicts between clients",
  "text": "(1) Subject to paragraphs (2) and (3), where an executry practitioner (whether before or after accepting instructions to provide a client with executry services) knows, or ought reasonably to know, of circumstances that result in an actual conflict between the interests of that client and any other person who is a client either of the executry practitioner or of an associate, the executry practitioner shall not act or, as the case may be, shall cease to act for that client or those clients.\n(2) For the avoidance of doubt, the circumstances in paragraph (1) that result in an actual conflict of interests include any circumstances whereby the executry practitioner is providing executry services for one party to a transaction and that executry practitioner or an associate of that executry practitioner is providing (or arranging to provide) executry services or any specified services for another party to that transaction.\n(3) Where there is an actual conflict of interests between two or more clients of the executry practitioner and he would otherwise require not to act or to cease to act for them in pursuance of paragraph (1), he may act or continue to act for one of them (“the chosen client”) if–\n(a) he considers that it would be in the best interests of the chosen client that he act or continue to act for him;\n(b) he notifies all of those clients in writing–\n(i) of the circumstances that result in an actual conflict between the interests of those clients; and\n(ii) that the provisions of paragraph (1) would require him not to act or, as the case may be, to cease to act for those clients but he considers that it would be in the best interests of the chosen client that he act or continue to act for him;\n(c) the client or clients for whom the executry practitioner is already acting agrees or agree with him in writing that, notwithstanding the provisions of paragraph (1), the executry practitioner may act or continue to act for the chosen client.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/317/regulation/10",
    "retrieved_at": "2026-10-29T12:25:42.983439+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}