1. Please confirm the number of solicitors, who currently practice in residential conveyancing, that took part in the consultation with National Trading Standards.

The Law Society was invited by National Trading Standards (NTS) to take part in a working group on the development of their guidance.  Our representative was a Conveyancing and Land Law Committee member who currently practices residential conveyancing.  We do not hold any information on the total number of solicitors currently practising in residential conveyancing who took part in the consultation with NTS as it was not our project.  We would advise you to ask NTS for this information.

2. We are concerned that the Material Information Guidance produced by National Trading Standards does not accurately reflect the law. Did the Law Society obtain legal advice regarding the legal accuracy of the guidance and/or National Trading Standards’ legal authority to produce it either before approving the guidance, or subsequently? 

The Law Society was not asked by NTS to approve the guidance and this was not our role in participating in the working group so we have not sought legal advice on the issues you have mentioned concerning the NTSELAT guidance. Our role on the group, as with the other members, was purely to provide input to its development.  We are aware that some of our members (including the Property Lawyers Action Group) have concerns about the guidance and we shall shortly be publishing some guidance for our members which we hope will address some of those concerns.

Regarding Mr. Emmerson’s statement concerning the 5^th edition of the TA6:-

https://www.lawgazette.co.uk/practice-points/ta6-property-information-form-update/5119514.article

3. Please confirm the number of solicitors, who currently practice in residential conveyancing, who were involved in the creation of the 5^th edition of Form TA6.

Four of the members practice currently, other members of the group actively advise practitioners day to day, operate as consultants within their firms and bring a wealth of experience of development of the forms over many years.

4. Given the overlap between the 5^th edition of Form TA6, the BASPI and the PIQ, please confirm what input (if any) the Home Buying and Selling Group and Property Mark (respectively) had in the creation of the 5^th edition of the TA6.

The Home Buying and Selling Group and Propertymark had no input whatsoever in the creation of the 5^th edition of the TA6. There were no organisations external to the Law Society that were involved in the TA6 form.  Overlap in content is to be expected given the nature of the exercise.