Bank of Scotland Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Bank of Scotland and to assist in remaining on the Bank of Scotland Solicitor Panel.

Bank of Scotland Conveyancing Panel: Recently Asked Questions

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Am I obliged, being on the Bank of Scotland conveyancing panel, to carry out a Lawyer Checker Search, an HS2 search?
Bank of Scotland make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Bank of Scotland are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the borrower.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Does your ROT and Ts and Cs cover this?

One search provider lists over 72 conveyancing searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location contact your search provider or call one of the leading search companies such as STL.

Do you have any idea what Lenders such as Bank of Scotland are asking for when it comes to applying to be on their approved conveyancing panel?
Criteria differ from lender to lender. We do not hold specific requirements relating to the questions raised as part of the application to be on the Bank of Scotland conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):
  • Summary of annual accounts
  • Whether the firm has ever applied for accreditation and the outcome of the application
  • PII Cover details, including, if relevant, whether the firm is or has been in the assigned risks pool and structure of cover – basic
  • The percentage of the firm’s business which is conveyancing (broken down into sale
  • Structure of firm and, where applicable, its group
  • House price discrepancies (declared to lender vs. registered at Land Registry)
  • List of all Licensed Conveyancers within firm
  • Whether the firm has ever accepted instructions in respect of property clubs and investment schemes
  • SRA or equivalent regulator registration number where applicable
  • Full complaints history for each licensed conveyancer
  • As the Compliance Officer for Legal Practice should I be thinking about SRA Handbook implications if my firm is removed off the Bank of Scotland conveyancing panel?
    What you should do largely depends on the reason that your firm has been removed off the Bank of Scotland conveyancing panel. The top 3 reasons are as follows:
    1. lack of transactions
    2. the lawyer is a sole practitioner
    3. as part of the HSBC panel reduction.
    In these three circumstances it is unlikely that you would expected to take any action. Disclosure and other compliance considerations are more likely to be relevant if the reason for removal is due to breaches of lender requirements or allegations of fraud or negligence. Whether the reasoning should trigger a disclosable 'material' breach will depend on the firm and the circumstances around possible failures to comply with the SRA Authorisation Rules, and the SRA will judge each case on its own merits. Factors such as the detriment or risk of detriment to clients, the scale of the issue and overall impact on the firm will need to be considered in deciding whether a failure is 'material'. As the COLP you will need systems to identify patterns of breaches. Even if you don't consider there to be regulatory implications the firms COFA should give some thought to whether she/he needs to take any action as result of being removed from the Bank of Scotland conveyancing panel.
    I noticed the following question on my PI renewal form this year ‘Has your Firm been asked by a lender to agree to more onerous terms and conditions than provided for in the UK Finance Lenders’ Handbook?’ My firm is on the majority of approved panels including the Bank of Scotland conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Do I disclose these these Conditions ?
    The key here is the caveat ‘more onerous’. You have to try and take an objective view as to whether the Terms relating to the Bank of Scotland conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the UK Finance Lenders’ Handbook Conditions. Depending on the Terms you may need to provide details on your renewal form. If you are in any doubt please call your broker to discuss before moving forward on this question.
    my firm’s membership of the Bank of Scotland conveyancing panel was terminated but was reinstated on appeal, do I need to disclose these details on my CQS application?
    We would recommend that you provide details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not adversely impact your application but gives the CQS team viability as to what has gone on.
    Our practice is on the Bank of Scotland conveyancing panel and all set to complete a purchase shortly. I can not locate a Legal Charge for the client to execute. Who do I contact at Bank of Scotland to get a duplicate Deed?
    You should communicate with Bank of Scotland to obtain standard documents. The The Council of Mortgage Lenders Handbook incorporates a specific question for banks to enumerate who to contact to obtain standard documents. Bank of Scotland in their Part 2’s state:
    You will need to quote the firm’s Bank of Scotland conveyancing panel reference.

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    Average number of days to register title including a charge in favour of Bank of Scotland
    This information relates to purchase only and not remortgages.
    YearDays*
    2024 [no data]
    2023 [no data]
    2022 50.0
    2021 [no data]
    2020 [no data]
    2019 25.4
    * Data aggregated from sources including COMPLETIONmonitor