# The Independent Qualified Conveyancers (Scotland) Regulations 1997, Regulation 25: Operating client accounts


(1) Subject to paragraph (2) an independent qualified conveyancer shall credit a client account only with clients' money and shall, immediately upon discovery, withdraw from it any other money.
(2) Where an independent qualified conveyancer receives a cheque or a banker’s draft that includes clients' money as well as other money, the independent qualified conveyancer shall–
(a) credit the appropriate client account with the full amount of the cheque or draft; and
(b) as soon as reasonably practicable thereafter, withdraw from that account a sum equal to the amount of the cheque or draft that did not represent clients' money.
(3) Subject to paragraph (2), an independent qualified conveyancer may withdraw by cheque or transfer clients' money from a client account only–
(a) with the written consent of that client; or
(b) in payment of that independent qualified conveyancer’s fees for providing conveyancing services to that client provided that–
(i) an itemised bill has been delivered to the client; and
(ii) the client, having been informed in writing that the money is to be withdrawn or transferred for this purpose, has made no objection within a reasonable time of being so informed.
(4) An independent qualified conveyancer shall not cause or permit any client account to become overdrawn and, in the event of a client account becoming overdrawn, shall immediately upon discovery take all such proper steps as are necessary to clear the overdraft.
(5) Where the money has been withdrawn from a client account wrongfully, an independent qualified conveyancer shall immediately upon discovery credit the account with the amount of the withdrawal, together with any interest due thereon in terms of regulation 24(9).

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Source: https://www.legislation.gov.uk/uksi/1997/316/regulation/25 (the official version)
Page: https://openlegislation.uk/independent-qualified-conveyancers-scotland-regulations-1997/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.