عضوية أجهزة المنظمة ولجانها [EM/RC68/11]
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After section 45(5) of the Solicitors Act 1974 (investigation by lay observers of Law Society's treatment of complaints) there shall be inserted—.
After section 47 of that Act there shall be inserted—.
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Section 12 of the Solicitors Act 1974 (discretion of Law Society with respect to issue of practising certificates in special cases) shall be amended as follows.
In subsection (1)—
in paragraph (e), for " affecting " there shall be substituted " relating to"; and
after that paragraph there shall be inserted—.
In subsection (2)—
after " (e), " there shall be inserted " (ee)"; and
after "subsection (1)" there shall be inserted " then, except in the case of any circumstances of whose existence the Society is unaware at the time the certificate is issued,".
After subsection (4) there shall be inserted—.
After section 13 of the Solicitors Act 1974 there shall be inserted—.
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Section 22 of the Solicitors Act 1974 (restriction on person preparing certain instruments when not qualified to act as a solicitor) shall be amended as follows.
In subsection (1), for " subsection (2)" there shall be substituted " subsections (2) and (2A)".
After subsection (2) there shall be inserted—.
In subsection (3)—
after " instrument" there shall be inserted " includes a contract for the sale or other disposition of land (except a contract to grant such a lease as is referred to in section 54(2) of the Law of Property Act 1925 (short leases)), but"; and
at the end of paragraph (b) there shall be inserted " other than a contract that is included by virtue of the preceding provisions of this subsection ; " .
After that subsection there shall be inserted—.
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The Solicitors Act 1974 shall have effect subject to the further amendments specified in Schedule 1.
The Society may make rules—
making provision as to the management and control of legal services bodies;
prescribing the circumstances in which—
legal services bodies may be recognised by the Society as being suitable bodies to undertake the provision of any solicitor services or other relevant legal services; and
sole solicitors’ practices may be recognised by the Society as being suitable to undertake the provision of any such services;
prescribing the requirements which (subject to any exceptions provided by the rules) must at all times be satisfied by bodies and sole solicitors’ practices . . . so recognised if they are to remain so recognised; and
regulating the conduct of the affairs of such bodies and sole solicitors’ practices .
Rules made by the Society may also make provision—
for the manner and form in which applications for recognition under this section , or for the renewal of such recognition, are to be made, and requiring such applications to be accompanied by a fee of such amount as the Society may from time to time determine;
for regulating the names that may be used by recognised bodies or recognised sole solicitors’ practices ;
for the manner and form in which other applications under the rules are to be made, and requiring such applications to be accompanied by a fee of such amount as the Society may from time to time determine;
about the time when any recognition, or renewal of recognition, takes effect and the period for which it is (subject to the provisions made by or under this Part) to remain in force;
requiring recognised bodies, recognised sole solicitors’ practices, or descriptions of such bodies or practices , to pay periodical fees of such amount as the Society may from time to time determine;
for the suspension or revocation of any such recognition, on such grounds and in such circumstances as may be prescribed by the rules;
about the effect on the recognition of a partnership or other unincorporated body (“the existing body”) of any change in the membership of the existing body, including provision for the existing body's recognition to be transferred where the existing body ceases to exist and another body , or a sole solicitor’s practice, succeeds to the whole or substantially the whole of its business;
for rules made under any provision of the 1974 Act to have effect in relation to recognised bodies or recognised sole solicitors’ practices with such additions, omissions or other modifications as appear to the Society to be necessary or expedient;
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for the manner of service on recognised bodies , or on sole solicitors in relation to recognised sole solicitors’ practices, of documents authorised or required to be served ... under or by virtue of this Part.
about the effect on the recognition of a sole solicitor’s practice where the sole solicitor ceases to practise as a sole principal and—
another sole solicitor succeeds that sole solicitor as sole principal in the practice; or
a body or another sole solicitor succeeds to the whole or substantially the whole of the practice’s business;
for the keeping by the Society of a register containing the names and places of business of all bodies and sole solicitors’ practices which are for the time being recognised under this section, and such other information relating to them as may be specified in the rules;
for information (or information of a specified description) on such a register to be made available to the public, including provision about the manner in which, and times at which, information is to be made so available;
about the education and training requirements to be met by managers and employees of recognised bodies or employees in recognised sole solicitors’ practices ;
for rules made under any provision of the 1974 Act to have effect in relation to managers and employees of recognised bodies or employees in recognised sole solicitors’ practices with such additions, omissions or other modifications as appear to the Society to be necessary or expedient;
requiring recognised bodies to appoint a person or persons to monitor compliance, by the recognised body, its managers and its employees, with requirements imposed on them by or by virtue of this Act or any rules applicable to them by virtue of this section;
requiring the sole solicitor in a recognised sole solicitor’s practice to appoint a person or persons to monitor compliance, by the sole solicitor and the employees in the practice, with requirements imposed on them by or by virtue of this Act, the 1974 Act or any rules applicable to them by virtue of this section or the 1974 Act;
Where the Society makes rules under subsection (1), it must by rules under subsection (1)(c) prescribe the requirement that (subject to any exceptions provided by the rules) recognised bodies and recognised sole solicitors’ practices must not provide services other than—
solicitor services, or
solicitor services and other relevant legal services.
Despite section 24(2) of the 1974 Act, section 20 of that Act (prohibition on unqualified person acting as solicitor) does not apply to a recognised body; and nothing in section 24(1) of that Act applies in relation to such a body.
“Relevant legal services” means—
solicitor services, and
where authorised persons other than solicitors or registered European lawyers are managers or employees of, or have an interest in, a recognised body, or are employees in a recognised sole solicitor’s practice, services of the kind provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities within the meaning of the Legal Services Act 2007).
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it was done by him at the direction and under the super vision of another person who was at the time an officer or employee of the body ; and
it could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under the said section 22 or (as the case may be) under the said section 23.
The Society may by rules under this section provide that services specified, or of a description specified, in the rules are not to be treated as solicitor services or other relevant legal services.
A certificate signed by an officer of the Society and stating that any body or sole solicitor’s practice . . . is or is not, or was or was not at any time, recognised under this section shall, unless the contrary is proved, be evidence of the facts stated in the certificate; and a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.
Schedule 2 (which makes provision with respect to the application of provisions of the 1974 Act to recognised bodies, with respect to other matters relating to such bodies , and with respect to matters relating to recognised sole solicitors’ practices ) shall have effect.
Rules under subsection (2)(fd) may provide that the person appointed under that paragraph may be the sole solicitor.
Subject to the provisions of that Schedule, the Lord Chancellor may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament provide for any enactment or instrument passed or made before the commencement of this section and having effect in relation to solicitors to have effect in relation to recognised bodies with such additions, omissions or other modifications as appear to the Lord Chancellor to be necessary or expedient.
If rules under this section provide for the recognition of legal services bodies which have one or more managers who are not legally qualified, the rules must make provision—
for the recognition of such bodies to be suspended or revoked, on such grounds and in such circumstances as may be prescribed by the rules;
as to the criteria and procedure for the Society's approving, as suitable to be a manager of a recognised body, an individual who is not legally qualified (and for the Society's withdrawing such approval).
In this section—
" the 1974 Act " means the Solicitors Act 1974 ;
" the Council " and " the Society •" have the meaning given by section 87(1) of the 1974 Act; and
“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“sole solicitor” has the meaning given by section 87(1) of the 1974 Act;
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“authorised person” has the same meaning as in section 9;
Rules under this section may make provision for appeals to the High Court against decisions made by the Society under the rules—
to suspend or revoke the recognition of any body or sole solicitor’s practice ;
not to approve, as suitable to be the manager of a recognised body, an individual who is not legally qualified (or to withdraw such approval).
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The rules may provide for appeals against decisions within subsection (2B)(b) to be brought by the individual to whom the decision relates (as well as the body).
In relation to an appeal under rules made by virtue of subsection (2B), the High Court may make such order as it thinks fit as to payment of costs.
The decision of the High Court on such an appeal shall be final.
Where the Society decides to recognise a body or a sole solicitor’s practice under this section it must grant that recognition subject to one or more conditions if—
the case is of a kind prescribed for the purposes of this section by rules made by the Society, and
the Society considers that it is in the public interest to do so.
While a body or a sole solicitor’s practice is recognised under this section, the Society—
must direct that the ... recognition is to have effect subject to one or more conditions if—
the case is of a prescribed kind, and
the Society considers that it is in the public interest to do so;
may, in such circumstances as may be prescribed, direct that the ... recognition is to have effect subject to such conditions as the Society may think fit. “Prescribed” means prescribed by rules made by the Society.
The conditions which may be imposed under subsection (2F) or (2G) include—
conditions requiring the body , or the sole solicitor, to take specified steps that will, in the opinion of the Society, be conducive to the carrying on ... of an efficient business;
conditions which prohibit the body , or the sole solicitor, from taking any specified steps except with the approval of the Society;
if rules under this section provide for the recognition of legal services bodies which have one or more managers who are not legally qualified, a condition that all the managers of the body must be legally qualified. “Specified” means specified in the condition.
Rules made by the Society may make provision about when conditions imposed under this section take effect (including provision conferring power on the Society to direct that a condition is not to have effect until the conclusion of any appeal in relation to it).
Section 86A of the 1974 Act applies to rules under this section as it applies to rules under that Act.
Rules under this section may contain such incidental, supplemental, transitional or transitory provisions or savings as the Society considers necessary or expedient.
A body . . . shall not describe itself or hold itself out as a body . . . for the time being recognised under section 9 unless it is so recognised.
Any body . . . which contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.
Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.
In this section " the standard scale " has the meaning given by section 37 of the Criminal Justice Act 1982.
Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.
Proceedings for an offence under this section alleged to have been committed by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.
A fine imposed on an unincorporated body on its conviction of an offence under this section is to be paid out of the funds of that body.
If an unincorporated body is charged with an offence under this section, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.
Where an offence under this section committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that officer or member as well as the unincorporated body is guilty of the offence and liable to be proceeded against and punished accordingly.
Where an offence under this section committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
In this section “officer”, in relation to a body corporate, means—
any director, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity.
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For the purposes of section 9, a “legal services body” means a body (corporate or unincorporate) in respect of which — are satisfied.
the management and control condition, and
the relevant lawyer condition,
The management and control condition is satisfied if—
at least 75% of the body's managers are legally qualified,
the proportion of shares in the body held by persons who are legally qualified is at least 75%,
the proportion of voting rights in the body which persons who are legally qualified are entitled to exercise, or control the exercise of, is at least 75%,
all the persons with an interest in the body who are not legally qualified are managers of the body, and
all the managers of the body who are not legally qualified are individuals approved by the Society as suitable to be managers of a recognised body.
The Society may by rules under section 9 provide that, in relation to specified kinds of bodies, subsection (2) applies as if the references to 75% were to such greater percentage as may be specified (and different percentages may be specified for different kinds of bodies).
The relevant lawyer condition is satisfied in relation to a body if at least one manager of the body is—
a solicitor,
a registered European lawyer, or
a qualifying body.
For that purpose a qualifying body is a body in respect of which—
the management and control condition is satisfied
the relevant lawyer condition is satisfied by virtue of subsection (4)(a) or (b), and
the services condition is satisfied.
For the purposes of this section the following are legally qualified—
an authorised person who is an individual;
a registered foreign lawyer (within the meaning of section 89 of the Courts and Legal Services Act 1990 (c. 41));
an advocate or solicitor in Scotland;
a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;
an authorised person which is a body in respect of which—
the services condition is satisfied, and
the management and control condition would be satisfied if the references in subsection (2) to persons who are legally qualified were to persons who are legally qualified by virtue of paragraphs (a) to (ca);
a body which provides professional services such as are provided by individuals who are authorised persons or lawyers of other jurisdictions, and in respect of which the management and control condition would be satisfied if the references in subsection (2) to persons who are legally qualified were to persons who are legally qualified by virtue of paragraphs (a) to (ca).
a legal partnership which—
was in existence immediately before the commencement of this paragraph,
since that time has continued to be a partnership of the kind mentioned in rule 12.01(1)(b), 12.02(1)(b) or 12.04(1)(c)(i) of the pre-commencement conduct rules (framework of practice), and
has not, since that time, had a body corporate (other than a body within paragraph (g)) as a member;
a body corporate which—
was recognised under section 9 immediately before the commencement of this paragraph, and
has since that time continued to satisfy the requirements of rule 14.03(1) and 14.04(1) to (3) or the requirements of rule 14.05(1) to (3) of the pre-commencement conduct rules (restrictions on directors, owners etc. of incorporated practices);
a body which— and which satisfies the requirements of rules under subsection (6C).
is an authorised person and satisfies the services condition, or
provides professional services such as are provided by individuals who are authorised persons or lawyers of other jurisdictions,
For the purposes of subsection (6)(f), a partnership is to be treated as the same partnership despite a change in membership, if any person who was a member before the change remains a member.
For the purposes of subsection (6)(f) and (g), the references in the pre-commencement conduct rules to a recognised body are to be construed as references to a body which was recognised under section 9 immediately before the commencement of subsection (6)(f) and (g).
The Society must make rules for the purposes of paragraph (h) of subsection (6) prescribing the requirements relating to management and control which must be satisfied by or in relation to a body for it to fall within that paragraph.
For the purposes of this section, the services condition is satisfied in relation to a body if the body provides only services which may be provided by a recognised body (having regard to rules under section 9(1A) and (1C)).
For the purposes of this section— and a person has an interest in a body if the person has an interest in the body for the purposes of section 9.
“manager”, in relation to a body, has the meaning given by section 9;
A sole solicitor shall not describe or hold out the sole solicitor’s practice as a practice for the time being recognised under section 9 unless it is so recognised.
Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section “sole solicitor” has the same meaning as in section 9.
The provisions of this Part shall have effect for the purpose of regulating the provision of conveyancing services and other services by persons who hold licences in force under this Part or who are recognised bodies.
In this Part— and references in this Part to practising as a licensed conveyancer are references to providing, as the holder of such a licence, conveyancing services in accordance with the licence.
in relation to a CLC practitioner services body, has the meaning given by section 32B;
“fees” includes charges, disbursements, expenses and remuneration;
References in this Part to conveyancing services are references to—
the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land, and
does not include a testamentary disposition or any disposition in the case of such a lease as is referred to in section 54(2) of the Law of Property Act 1925 (short leases); but
subject to that, includes in the case of leases both their grant and their assignment; and
any other activities which are reserved instrument activities for the purposes of the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).
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For the purposes of subsection (3)—
“disposition”
does not include a testamentary disposition or any disposition in the case of such a lease as is referred to in section 54(2) of the Law of Property Act 1925 (short leases), but
subject to that, includes in the case of leases both their grant and their assignment, and
“acquisition” has a corresponding meaning.
For the purposes of this Part there shall be a body to be known as the Council for Licensed Conveyancers.
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Schedule 3 shall have effect with respect to the Council.
The Council shall make rules relating to the education and training of those seeking to practise as licensed conveyancers, and those rules shall, in particular, include provisions prescribing—
the examinations to be taken by such persons; and
requirements as to practical training and experience.
Rules made by the Council under this section may—
prescribe minimum standards of general education that must have been attained by persons who seek to practise as licensed conveyancers;
provide for the recognition by the Council of courses of study provided by educational institutions or other bodies as being adequate for the purpose of preparing candidates for any examinations held in pursuance of subsection (1)(a);
prescribe any education or training to be undergone by persons who are licensed conveyancers, and, in connection therewith, provide for the approval by the Council of courses of study provided by educational institutions or other bodies;
include provision for the charging of fees by the Council;
make different provision in relation to different classes of persons.
Rules under subsection (1)(b) may provide—
for the manner in which a person may satisfy the Council that he has complied with any requirement of the rules as to practical experience;
for attendance by a person at a training course approved by the Council for the purposes of the rules to count as practical training for those purposes.
Without prejudice to the generality of subsection (2)(e), rules under this section may provide for persons who—
hold such qualifications as may be specified in the rules; or
have acquired such experience in relation to the provision of conveyancing services as may be so specified; or
satisfy such other conditions as may be so specified, to be exempt from any of the requirements of the rules.
The Council may—
appoint, or approve the appointment of, persons as examiners or moderators in connection with examinations held in pursuance of subsection (1)(a); and
remunerate any person appointed by it under paragraph (a) of this subsection.
An application for a licence under this Part shall be made to the Council in such manner, and shall be accompanied by such fee, as may be prescribed by rules made by the Council under this section.
Any such rules—
may prescribe the forms to be used in connection with applications for licences under this Part;
may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules.
If, on an application for a licence under this Part made in accordance with section 14, the Council is satisfied— the Council shall issue the applicant either with a licence free of conditions or with a licence subject to such conditions as aforesaid, as the case may require.
that the applicant has complied with such rules under section 13 (if any) as are applicable in his case; and
that he has made adequate arrangements for the purpose of complying with any rules made under or for the purposes of section 21(1); and
that he is a fit and proper person to practise as a licensed conveyancer or, in the case of an applicant in relation to whom section 16 has effect, that he is a fit and proper person to practise as such a conveyancer subject to his complying with any particular conditions that may be imposed under that section,
If the Council is for any reason not so satisfied it shall refuse the application, and shall notify the applicant of the refusal of the application and of the grounds on which it has been refused.
Where— then, for the purposes of this Part, the application shall be deemed to have been so refused by the Council, and the applicant shall be deemed to have been notified of the refusal at the end of the said period.
an application for a licence has been made in accordance with section 14; and
the Council has within the period prescribed under subsection (3A) neither issued a licence in pursuance of the application nor refused the application under subsection (2),
Subject to the provisions of this Part, the period for which a licence shall be in force under this Part shall be such period, beginning with the date of issue of the licence, as may be specified in the licence.
The Council must by rules prescribe the period that applies for the purposes of subsection (3)(b).
“CLC practitioner services” has the meaning given by section 32B;
an application for a licence is made in accordance with section 14 by a person who, at the date of the application, already holds a licence under this Part; and
no new licence is issued to him in pursuance of the application before the time when his existing licence would, apart from this subsection, expire in accordance with subsection (4),
“licence” and “licensed conveyancer” have the meaning given by section 11(2);
“the 1974 Act” means the Solicitors Act 1974;
until the end of the period within which an appeal may be brought against the refusal under section 29(1)(a); or
if such an appeal is brought, until the appeal is determined or abandoned.
“manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);
Where an applicant for a licence under this Part has held such a licence at any time within the period of twelve months ending with the date of his application, any licence granted to him in pursuance of the application shall, unless the Council directs otherwise, be deemed to have been issued on the day following the date when his previous licence expired in accordance with subsection (4) (or would have so expired but for subsection (5)) and accordingly to have been held by him as from that day.
The period specified in a licence under subsection (4) may be a fixed or indefinite period.
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Subject to subsection (4), this section has effect in any case where a person applies for a licence under this Part—
for the first time;
when conditions under this section have been imposed on a licence under this Part previously issued to him;
when, on the first day of the period to which the licence would (if granted) relate, a period of twelve months or more will have elapsed since he held a licence in force under this Part or a licence in force under section 53 of the Courts and Legal Services Act 1990 ;
when conditions under paragraph 5 of Schedule 8 to the Courts and Legal Services Act 1990 have been imposed on a licence under section 53 of that Act previously issued to him;
after the Discipline and Appeals Committee established under section 25 have made any order in his case under section 26 (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ;
after he has been invited by the Council to give an explanation in respect of any matter relating to his conduct and has failed to give an explanation in respect of that matter which the Council regards as satisfactory, and has been notified in writing by the Council that he has so failed;
after the Investigating Committee established under section 24 has made any order in his case under section 24A (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ;
while he is an undischarged bankrupt . . . ;
after having been made bankrupt and discharged or after having entered into a composition with his creditors ...;
while he is a person as to whom powers have been exercised under section 98 of the Mental Health Act 1983 (judge’s powers in cases of emergency);
when, having been required by rules made under section 22 (including that section as applied by section 53 of the Courts and Legal Services Act 1990) to deliver to the Council a report by an accountant, he has not delivered such a report within the period required by the rules;
after having been committed to prison in civil proceedings;
after having been disqualified under section 99 of the Legal Services Act 2007 (disqualification from being manager or employee of a licensed body etc);
after having had given against him any judgment which involves the payment of money, not being a judgment—
limited to the payment of costs; or
as to whose whole effect upon him he is entitled to indemnity or relief from some other person; or
evidence of whose satisfaction has been produced to the Council.
after his holding of a restricted interest in a licensed body has been approved subject to conditions under paragraph 17, 28 or 33 of Schedule 13 to that Act (ownership of licensed bodies) or objected to under paragraph 19, 31 or 36 of that Schedule;
while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
after a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order;
after having been convicted of an offence involving dishonesty or deception or an indictable offence; or
In any case where this section has effect the Council may, on issuing a licence to the applicant under section 15, issue it subject to such conditions as the Council thinks fit; and the Council’s decision in any such case to impose any particular conditions under this subsection may be made by reference to such criteria of general application as may have been determined by the Council.
Without prejudice to the generality of subsection (2), conditions may be imposed under that subsection— and conditions may be imposed under that subsection (whether for the purpose mentioned in paragraph (b) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.
for restricting the kinds of conveyancing services that may be provided by the applicant as a licensed conveyancer; or
for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed conveyancer;
Where a licence free of conditions is issued by the Council under section 15 to an applicant in relation to whom this section has effect by reason of any such circumstances as are mentioned in paragraph (ca),(d), (e), (ea), (eb), (ec),(f), (fa), (g), (ga) , (h), (i) or (j) of subsection (1), then, except in the case of any circumstances of whose existence the Council is unaware at the time the licence is issued, this section shall not thereafter have effect in relation to that person by reason of those circumstances.
Where the Council decides to issue an applicant with a licence subject to conditions, it may, if it thinks fit, direct that the conditions shall not have effect—
pending the hearing and determination of any appeal brought by the applicant under section 29(1)(b);
if this section has effect in relation to the applicant by reason only of any such circumstances as are mentioned in paragraph (f), (i) or (j) of subsection (1) and an appeal has been made to the appropriate court against the order or judgment in question, pending the hearing and determination of that appeal.
pending the hearing and determination of any appeal brought by the applicant under paragraph 18, 20, 29, 32, 34 or 37 of Schedule 13 to the Legal Services Act 2007;
pending the review by a licensing authority, in accordance with its licensing rules, of a determination that the applicant should be disqualified under section 99 of the Legal Services Act 2007; or
In this section—
Subject to the provisions of this section the Council may in the case of any licensed conveyancer direct that his licence shall have effect subject to such conditions as the Council thinks fit.
The power to give a direction under this section in the case of any licensed conveyancer shall be exercisable by the Council at any time during the period for which his licence is in force if—
in the event of an application for a licence being made by him at that time, section 16 would have effect in relation to him by reason of any such circumstances as are mentioned in paragraph (ca),(d), (e), (ea), (eb), (ec),(i) or (j) of subsection (1) of that section; or
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he has entered into a composition with his creditors ....
Subject to subsection (4), the conditions specified in a direction under this section shall have effect as from the time when the licensed conveyancer concerned is notified of the Council’s decision to give the direction.
The Council may, if it thinks fit, provide in a direction given under this section in the case of any licensed conveyancer that the conditions specified in the direction shall not have effect—
pending the hearing and determination of any appeal brought by the licensed conveyancer under section 29(1)(c);
if an appeal has been made by the licensed conveyancer to the appropriate court against any order or judgment which, if successful, would result in subsection (2) no longer being applicable to him, pending the hearing and determination of that appeal.
pending the hearing and determination of any appeal brought by the licensed conveyancer under paragraph 18, 20, 29, 32, 34 or 37 of Schedule 13 to the Legal Services Act 2007;
pending the review by a licensing authority, in accordance with its licensing rules, of a determination that the licensed conveyancer should be disqualified under section 99 of the Legal Services Act 2007; or
Subsection (3) of section 16 shall apply for the purposes of subsection (1) of this section as it applies for the purposes of subsection (2) of that section.
In this section “licensing authority” and “licensing rules” have the same meaning as in the Legal Services Act 2007 (see sections 73 and 83 of that Act).
This section applies where a person applies for a licence at a time when section 16 has effect in relation to him by reason of the circumstances mentioned in section 16(1)(ea).
The application must be accompanied by an additional fee of an amount prescribed by rules made by the Council for the purposes of this section.
Where an adjudication in bankruptcy is made against a licensed conveyancer or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer , any such adjudication or any such order shall operate immediately to suspend the licence held by that person under this Part; and, subject to subsection (2), the suspension of the licence shall continue until the licence expires.
The suspension of a licence by virtue of subsection (1) shall terminate if the adjudication in question is annulled and an office copy of the order annulling the adjudication is served on the Council.
A licence held by a person under this Part shall terminate if he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to practise as a licensed conveyancer.
The suspension of a licence by virtue of subsection (1) shall terminate—
if the debt relief order is revoked for reasons falling within section 251L(2)(d) of the Insolvency Act 1986 and a copy of the notice of the decision to revoke given to the debtor pursuant to Rule 9.18 of the Insolvency (England and Wales) Rules 2016 is provided to the Council or the debt relief order is revoked by the court under section 251M(e) and a copy of the order is provided to the Council; or
if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order
For the purposes of this Part a licence shall be treated as not being in force at any time while it is suspended by virtue of any provision of this Part.
Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 has been exercised in relation to a licensed conveyancer by virtue of paragraph 1(1)(a)(i), (aa), (c) or (e) of that Schedule, the exercise of that power shall operate immediately to suspend any licence held by that person under this Part.
Subsection (2A) does not apply if, at the time when the power referred to there is exercised, the Council directs that subsection (2A) is not to apply in relation to the licensed conveyancer concerned.
If, at the time when the power referred to in subsection (2A) is exercised, the Council gives a direction to that effect, the licensed conveyancer concerned may continue to act in relation to any matter specified in the direction as if the licence had not been suspended by virtue of subsection (2A), but subject to such conditions (if any) as the Council sees fit to impose.
Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(a) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is a manager of the recognised body.
Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(d) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is—
a manager of the recognised body, or
an employee of the recognised body.
Where the power conferred by paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is exercised in relation to a licensed body by virtue of paragraph 1(2)(d) of that Schedule, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is—
a manager of the licensed body, or
an employee of the licensed body.
At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that subsection (2CA), (2CB) or (2CC) (as the case may be) is not to apply in relation to a particular licensed conveyancer.
The Council may give a direction under subsection (2CD) in relation to a licensed conveyancer only if—
the Council is satisfied that the licensed conveyancer did not fail to comply with the rules applicable to the recognised body by virtue of section 32, or contribute to the body's failure to comply with such rules, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6,
the Council does not suspect the licensed conveyancer of dishonesty, in a case where the Council acts by virtue of—
paragraph 10(1)(d) of Schedule 6, or
paragraph 1(2)(d) of Schedule 14 to the Legal Services Act 2007,
the Council is satisfied that the licensed conveyancer was not a manager of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 took place, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6,
the Council is satisfied that the licensed conveyancer was not a manager or employee of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 10(1)(d) of Schedule 6, and
the Council is satisfied that the licensed conveyancer was not a manager or employee of the licensed body when the conduct providing the basis for the exercise of the power in paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 1(2)(d) of Schedule 14 to that Act.
At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that such of the licensed conveyancers concerned as are identified in the direction may continue to act in relation to any matter specified in the direction as if their licences had not been suspended by virtue of subsection (2CA), (2CB) or (2CC) (as the case may be), subject to such conditions (if any) as the Council sees fit to impose.
Subject to subsection (2E), where a licence is suspended by virtue of subsection (2A) , (2CA), (2CB) or (2CC) the suspension of the licence shall continue until the licence expires.
The licensed conveyancer may, at any time before the licence expires, apply to the Council to terminate the suspension.
On an application under subsection (2E), the Council may in its discretion—
by order terminate the suspension either unconditionally or subject to such conditions as the Council may think fit, or
refuse the application.
If on an application by a licensed conveyancer under subsection (2E) the Council refuses the application or terminates the suspension subject to conditions, the licensed conveyancer may appeal against the decision of the Council to the First-tier Tribunal which may—
affirm the decision, or
terminate the suspension either unconditionally or subject to such conditions as it may think fit.
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The Council shall establish and maintain, in such form as the Council may determine, a register containing the names and places of business of all persons who for the time being hold licences in force under this Part.
The Council shall ... cause the appropriate entries and deletions to be made in the register on the issue and termination of licences under this Part; and where any licence held by a person is for the time being suspended by virtue of any provision of this Part the Council shall cause that fact to be noted in the register against that person’s name.
The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person.
Any change in a licensed conveyancer’s place or places of business shall be notified by him to the Council within the period of fourteen days beginning with the date on which the change takes effect.
The Council shall provide facilities for making the information contained in the entries in the register available for inspection in visible and legible form by any person during office hours and without payment.
A certificate signed by an officer of the Council appointed for the purpose and stating— shall, unless the contrary is proved, be evidence of the facts stated in the certificate; and a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.
that any person does or does not, or did or did not at any time, hold a licence in force under this Part; or
that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions,
This section applies where a licensed conveyancer's licence has effect subject to conditions.
On an application made by the licensed conveyancer, the Council may in prescribed circumstances direct—
the removal of a condition;
the variation of a condition in the manner described in the application.
“Prescribed” means prescribed by rules made by the Council.
Section 14 (applications for licences) applies in relation to an application under this section as it applies in relation to applications for a licence under this Part.
The Council shall . . . make rules for regulating the professional practice, conduct and discipline of licensed conveyancers.
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The Council shall make rules for indemnifying licensed conveyancers and former licensed conveyancers against losses arising from claims in respect of any description of civil liability incurred by them, or by employees or associates or former employees or associates of theirs, in connection with their practices as licensed conveyancers.
The Council shall also make rules for the making of grants or other payments for the purpose of relieving or mitigating losses suffered by persons in consequence of—
negligence or fraud or other dishonesty on the part of licensed conveyancers, or of employees or associates of theirs, in connection with their practices (or purported practices) as licensed conveyancers; or
failure on the part of licensed conveyancers to account for money received by them in connection with their practices (or purported practices) as licensed conveyancers.
For the purpose of providing such indemnity and of enabling such grants or other payments to be made, rules under this section—
may authorise or require the Council to establish and maintain a fund or funds;
may authorise or require the Council to take out and maintain insurance with authorised insurers;
may require licensed conveyancers or licensed conveyancers of any specified description to take out and maintain insurance with authorised insurers.
The power of the Council to make rules under subsection (2) shall apply in relation to the practices of licensed conveyancers mentioned in subsection (2B) as it applies to their practices as licensed conveyancers.
Without prejudice to the generality of the preceding subsections, rules under this section—
may specify the terms and conditions on which indemnity or a grant or other payment is to be available, and any circumstances in which the right to it is to be excluded or modified;
may provide for the management, administration and protection of any fund maintained by virtue of subsection (3)(a) and require licensed conveyancers or licensed conveyancers of any specified description to make payments to any such fund;
may require licensed conveyancers or licensed conveyancers of any specified description to make payments towards the premium payable on any insurance policy maintained by the Council by virtue of subsection (3)(b);
may prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (3)(c);
may authorise the Council to determine the amount of any payments required by the rules, subject to such limits, or in accordance with such provisions, as may be prescribed by the rules;
may specify circumstances in which, where a licensed conveyancer for whom indemnity is provided has failed to comply with the rules, the Council or insurers may take proceedings against him in respect of sums paid by way of indemnity in connection with a matter in relation to which there has been a failure to comply with the rules;
may specify circumstances in which, where a grant or other payment is made in consequence of the act or omission of a licensed conveyancer, the Council or insurers may take proceedings against him in respect of the sum so paid;
may specify circumstances in which licensed conveyancers are exempt from any of the requirements of the rules;
may empower the Council to take such steps as it considers necessary or expedient to ascertain whether or not the rules are being complied with; and
may contain incidental, procedural or supplementary provisions.
The practices referred to in subsection (2A) are the practices of licensed conveyancers which consist of carrying on a relevant activity by virtue of a licence issued under section 53 of the Courts and Legal Services Act 1990 (which provides for the Council to authorise the carrying on of certain reserved legal activities in relation to which the Council is designated as an approved regulator).
“Authorised insurer” means—
a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance of a relevant class;
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For the purposes of subsection (2B) “relevant activity” has the same meaning as in section 53 of the Courts and Legal Services Act 1990.
A contract of insurance is of a relevant class for the purposes of subsection (5) if it insures against a risk arising from—
accident;
credit;
legal expenses;
general liability to third parties;
sickness;
suretyship; or
miscellaneous financial loss.
Subsections (5) and (6) must be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
The Council shall make rules requiring licensed conveyancers to keep such accounts in relation to their practices as may be prescribed by the rules.
The Council shall also make rules requiring licensed conveyancers— and rules under this subsection shall specify the institutions which are authorised for the purposes of rules under paragraph (a).
to open and keep at authorised institutions accounts for clients’ money;
to hold and pay out money so received in such manner as may be prescribed by the rules; and
without prejudice to the generality of subsection (1), to keep accounts containing particulars and information as to money received or held or paid by them for or on account of their clients;
Rules under subsection (1) or (2) of this section may empower the Council— and any such rules may specify circumstances in which persons are exempt from any of the requirements of the rules.
to require licensed conveyancers to deliver to the Council at such intervals as may be prescribed by the rules reports given by . . . accountants and containing such information as may be so prescribed—
for the purpose of giving a true and fair view of the state of their businesses; or
for the purpose of enabling the Council to ascertain whether or not the rules have been complied with;
to take such other steps as it considers necessary or expedient for the latter purpose;
Provision made in rules by virtue of subsection (3)(a) may provide that the reports delivered to the Council must be reports given by accountants in respect of whom requirements prescribed by the rules are met.
An accountant shall not be qualified to give any such report in relation to a licensed conveyancer if he is an employee or partner of, or an employee of a partner of, the licensed conveyancer.
Rules made under subsection (2) of section 22 shall make provision for requiring a licensed conveyancer who has received money from a client to account, in such cases as may be prescribed by the rules, to the person who is or becomes entitled to the money for the interest which was, or could have been, earned by putting the money in a separate deposit account at an institution authorised for the purposes of rules under paragraph (a) of that subsection.
The cases in which a licensed conveyancer may be required to account for interest by rules made by virtue of subsection (1) may be defined by reference to, among other things, the amount of the sum held or received by him or the period for which it is likely to be retained, or both; and any such rules may include provision for enabling a client (without prejudice to any other remedy) to require that any question arising under the rules in relation to the client’s money be referred to and determined by the Council.
Except as provided by any rules so made and subject to subsection (4), a licensed conveyancer who maintains an account in pursuance of section 22(2)(a) in which he keeps money received or held for or on account of his clients generally shall not be liable to account to any person for interest received by him on money in that account.
Nothing in this section or in any rules under section 22(2) shall affect any arrangement in writing between a licensed conveyancer and his client as to the application of the client’s money or the payment of interest on it.
The Council shall establish a committee, to be known as the Investigating Committee, for the consideration of cases in which— . . .
it is alleged that a licensed conveyancer—
has (whether while a licensed conveyancer or not) been convicted by any court in the United Kingdom of a criminal offence which renders him unfit to practise as a licensed conveyancer; or
has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject; or
has failed to comply with any rules made by the Council under this Part; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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The Investigating Committee shall make a preliminary investigation of such an allegation and—
hear and determine the allegation, or
refer the allegation to the Discipline and Appeals Committee established under section 25 for hearing and determination by that Committee under section 26.
Any reference in subsection (1) . . . to a licensed conveyancer in relation to any such allegation . . . as is mentioned in paragraph (a)(ii) or (iii) . . . of subsection (1) includes a reference to a person who was a licensed conveyancer at the time when the conduct to which the allegation . . . relates took place.
The Council shall make rules as to the constitution of the Investigating Committee and any such rules may provide for the appointment to the Committee of persons (whether licensed conveyancers or not) who are not members of the Council.
where it appears to the Investigating Committee— the Investigating Committee may, if they think fit, direct that any licence held by the licensed conveyancer in question shall be suspended until the allegation . . . is determined by the Discipline and Appeals Committee or until the expiration of such period as may be prescribed by rules made by the Council, whichever is the earlier.
that any such allegation . . . as is mentioned in subsection (1) ought to be referred to the Discipline and Appeals Committee for hearing and determination by that Committee under section 26; and
that it is necessary for the protection of consumers to do so,
The Council shall make rules as to the cases in which the Investigating Committee may hear and determine an allegation, and the cases in which they must refer an allegation to the Discipline and Appeals Committee.
Before making a direction under subsection (5), the Investigating Committee must give the licensed conveyancer an opportunity to make representations against the making of the proposed direction.
In relation to proceedings under subsection (6), the Investigating Committee may make such order as they think fit as to the payment of costs by—
the Council, or
the licensed conveyancer.
Where a direction under subsection (5) has been made, the licensed conveyancer may appeal to the Discipline and Appeals Committee, and on any such appeal the Committee may make such order as they think fit.
Where an order has been made under subsection (7) the Council or the licensed conveyancer may appeal to the Discipline and Appeals Committee, and on any such appeal the Committee may make such order as they think fit.
Where an order is made by the Discipline and Appeals Committee under subsections (8) or (9)— may appeal against the order to the First-tier Tribunal .
the person against whom the order is made, and
if not within paragraph (a), the Council,
On an appeal under subsection (10) the First-tier Tribunal may make such order as it thinks fit.
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The Council shall establish a committee, to be known as the Discipline and Appeals Committee, for the hearing and determination of—
cases referred to them by the Investigating Committee under section 24; and
applications and appeals made or brought under section 24A, 27, 28 or 29.
The Council shall make rules as to the constitution of the Discipline and Appeals Committee, the times and places of the meetings of the Committee, the quorum and the mode of summoning the members of the Committee.
Rules under this section—
shall secure that a person who acted in relation to any case as a member of the Investigating Committee does not act in relation to that case as a member of the Discipline and Appeals Committee;
may provide for the appointment to the Discipline and Appeals Committee of persons (whether licensed conveyancers or not) who are not members of the Council.
Where, on hearing an allegation by virtue of section 24(1A)(a), the Investigating Committee are satisfied that a licensed conveyancer— the Committee may, if they think fit, make an order directing the payment by the licensed conveyancer of a penalty to be forfeited to Her Majesty.
has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject, or
has failed to comply with any rules made by the Council under this Part,
In relation to proceedings before the Investigating Committee by virtue of section 24(1A)(a), the Committee may make such order as they consider fit as to the payment of costs by—
the Council,
the licensed conveyancer against whom the proceedings were brought, or
if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.
In subsection (2), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).
The amount of any penalty required to be paid under subsection (1) may not exceed such amount as may be prescribed by rules made by the Council for the purposes of this subsection.
Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to—
proceedings for the hearing and determination of an allegation by the Investigating Committee, as they have effect in relation to proceedings before the Discipline and Appeals Committee under section 26, and
orders of the Investigating Committee, as they have effect in relation to orders of the Discipline and Appeals Committee.
A person against whom an order is made by the Investigating Committee by virtue of subsection (1) may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.
Where an order is made by the Investigating Committee by virtue of subsection (2), a person listed in paragraphs (a) to (c) of that subsection may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.
Where an order is made by the Discipline and Appeals Committee under subsection (6) or (7)— may appeal against the order to the First-tier Tribunal .
a party to the appeal, or
if not within paragraph (a), the Council,
On an appeal under subsection (8) the First-tier Tribunal may make such order as it thinks fit.
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Where on the hearing of any allegation referred to them under section 24(1A)(b) the Discipline and Appeals Committee are satisfied that a licensed conveyancer— the Committee may, if they think fit, make one or more of the orders referred to in subsection (2).
has been convicted as mentioned in section 24(1)(a)(i) of an offence which renders him unfit to practise as a licensed conveyancer;
has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject; or
has failed to comply with any rules made by the Council under this Part,
Those orders are—
an order revoking any licence under this Part held by the licensed conveyancer;
an order directing that the licensed conveyancer shall be disqualified (either permanently or during a specified period) from holding any relevant licence ;
an order suspending any licence under this Part held by the licensed conveyancer;
an order that any such licence shall have effect subject to such conditions as may be specified in the order;
an order directing the payment by the licensed conveyancer of a penalty not exceeding such amount as may be prescribed by rules made by the Council for the purposes of this paragraph, to be forfeited to Her Majesty;
an order reprimanding the licensed conveyancer.
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determine that the fees to which the licensed conveyancer or his firm shall be entitled in respect of those services shall be limited to such amount as may be specified in their determination; and
by order direct him to comply, or to secure compliance, with such one or more of the following requirements as appear to them to be necessary in order to give effect to their determination, namely—
a requirement to refund the whole or part of any amount already paid by or on behalf of the client in respect of the fees of the licensed conveyancer or his firm in respect of those services;
a requirement to remit the whole or part of those fees;
a requirement to waive, whether wholly or to any specified extent, the right to recover those fees.
In relation to proceedings before the Discipline and Appeals Committee under this section, the Committee may make such order as they consider fit as to the payment of costs by—
the Council;
the licensed conveyancer against whom the proceedings were brought;
if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.
References in this section to a licensed conveyancer include, in relation to an allegation or complaint which has been referred to the Committee in pursuance of section 24 (3), references to any such person as is mentioned in that provision.
In subsection (2A), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).
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in relation to the first order under that subsection, the commencement of this section ;
in relation to each subsequent order, the last occasion when the sum specified in subsection (2)(e) was altered.
Where the Discipline and Appeals Committee make an order by virtue of subsection (1)— may appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.
the person against whom the order is made, or
the Council,
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Where the Discipline and Appeals Committee make an order under subsection (2A), a person listed in paragraphs (a) to (c) of that subsection may appeal to the First-tier Tribunal , and on any such appeal the First-tier Tribunal may make such order as it thinks fit.
In this section “relevant licence” means—
a licence under this Part, or
a licence under section 53 of the Courts and Legal Services Act 1990.
Where the Discipline and Appeals Committee have made any such order as is referred to in section 26(2)(b), the person to whom the order relates shall not, while his disqualification continues in force, be issued with a licence under this Part unless the Committee, on an application made to them in that behalf, direct otherwise.
An application under subsection (1) shall not be made by a person to the Committee—
within ten months of the date of the Committee’s order; or
within ten months of a previous such application by that person.
In relation to proceedings on an application under subsection (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
the Council;
the applicant.
Where the Discipline and Appeals Committee are satisfied that a licence under this Part was issued to a person as a result of any error, or as a result of fraud on the part of that person, the Committee may, if they think fit, by order revoke all of the relevant licences held by that person .
Where a person has had any relevant licence which was held by him revoked because of fraud on that person's part, the person may not be issued with a licence under this Part except on the advice of the Committee given to the Council as the result of an application made by the person to the Committee.
On any such application the Committee may, if they think fit, direct that the applicant shall be disqualified from holding any relevant licence until the expiration of such period as may be specified in the direction.
Section 27 shall apply in relation to a direction under subsection (3) as it applies in relation to any such order as is referred to in section 26(2)(b).
In relation to proceedings for the revocation of a licence under subsection (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
the Council;
the licensed conveyancer to whose licence the proceedings relate.
In relation to proceedings on an application under subsection (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
the Council;
the applicant.
In this section “relevant licence” has the meaning given by section 26.
Where, in the case of any person, the Council— that person may appeal to the Discipline and Appeals Committee against that refusal or decision within one month of being notified of it.
refuses an application for a licence made by that person;
decides to issue that person with a licence subject to conditions under section 16; . . .
decides to give a direction in relation to that person under section 17, or
refuses an application made by that person under section 17A,
On an appeal under this section the Discipline and Appeals Committee may—
in the case of an appeal under subsection (1)(a) or (b), by order direct the Council to issue the appellant with—
a licence free from conditions; or
a licence subject to such conditions as may be specified by the Committee in the direction;
in the case of an appeal under subsection (1)(c), by order—
revoke the direction of the Council under section 17; or
direct that the appellant’s licence shall have effect subject to such conditions as may be specified by the Committee in the direction;
in any case, except an appeal in respect of a deemed refusal under section 15(3), affirm the refusal or decision of the Council appealed against;
in the case of an appeal under subsection (1)(d), by order direct the Council to grant the application;
in the said excepted case, by order direct the Council not to issue a licence to the appellant.
On an appeal under this section the Committee may make such order as to the payment of costs by the Council or by the appellant as they think fit.
Schedule 4 (which contains provisions supplementary to sections 26 to 29) shall have effect.
The powers conferred by Part II of Schedule 5 shall be exercisable in the circumstances specified in Part I of that Schedule.
Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation . . . as is mentioned in paragraph (a)(ii) or (iii) . . . of section 24(1), the Committee may give notice to the licensed conveyancer to whom the allegation . . . relates, or to his firm, requiring the production or delivery to any person appointed by the Committee, at a time and place to be fixed by the Committee, of all documents in the possession of the licensed conveyancer or his firm in connection with the matters to which the allegation . . . relates (whether or not they relate also to other matters).
Sub-paragraphs (2) to (12) of paragraph 9 of Schedule 5, together with paragraphs 11 to 12A of that Schedule, shall apply in relation to the powers conferred on the Investigating Committee by subsection (2) as they apply in relation to the powers conferred on the Council by sub-paragraph (1) of paragraph 9, and accordingly in those provisions—
any reference to the Council shall be construed as including a reference to the Committee;
any reference to a person appointed, or to a requirement, under that sub-paragraph shall be construed as including a reference to a person appointed, or to a requirement, under subsection (2); and
any reference to any such documents as are mentioned in that sub-paragraph shall be construed as including a reference to any such documents as are mentioned in subsection (2).
The reference in subsection (2) to a licensed conveyancer includes a reference to a person who was a licensed conveyancer at the time when the conduct to which the allegation . . . relates took place; and references to the licensed conveyancer in the provisions applied by subsection (3) shall be construed accordingly.
The Council may make rules—
making provision as to the management and control of conveyancing services bodies or CLC practitioner services bodies ;
prescribing the circumstances in which conveyancing services bodies may be recognised by the Council as being suitable bodies to undertake—
the provision of conveyancing services,
the exercise of a right of audience,
the conduct of litigation,
probate activities,
the administration of oaths, or
the provision of relevant legal services not covered by sub-paragraphs (i) to (v);
prescribing the requirements , including requirements about the carrying on of activities which are not reserved legal activities, which (subject to any exceptions provided by the rules) must at all times be satisfied by bodies so recognised if they are to remain so recognised; and
prescribing the circumstances in which CLC practitioner services bodies may be recognised by the Council as being suitable bodies to undertake—
the exercise of a right of audience,
the conduct of litigation,
probate activities,
the administration of oaths, or
the provision of relevant legal services not covered by sub-paragraphs (i) to (iv);
regulating the conduct of the affairs of such bodies.
prescribing the Council's arrangements for authorising recognised bodies to carry on—
the exercise of a right of audience,
the conduct of litigation,
reserved instrument activities, where the recognised body is a conveyancing services body,
probate activities, or
the administration of oaths;
In this Part “recognised body” means a body . . . for the time being recognised under this section.
Rules made by the Council may also make provision—
for the manner and form in which applications for recognition under this section , or for the renewal of such recognition, are to be made, and for the payment of fees in connection with such applications;
for regulating the names that may be used by recognised bodies;
for the payment of fees in connection with other applications under the rules;
about the time when any recognition granted under this section, or renewal of such recognition, takes effect and the period for which it is (subject to the provisions of this Part) to remain in force;
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for the keeping by the Council of a register containing the names and principal places of business of all bodies . . . which are for the time being recognised under this section and such other information relating to those bodies (including information about disciplinary measures taken) as may be specified in the rules;
for the suspension or revocation of any such recognition, on such grounds and in such circumstances as may be prescribed in the rules;
for rules made under any other provision of this Part to have effect in relation to recognised bodies with such additions, omissions or other modifications as appear to the Council to be necessary or expedient;
about the effect on the recognition of a partnership or other unincorporated body (“the existing body”) of any change in its membership, including provision for the existing body's recognition to be transferred where the existing body ceases to exist and another body succeeds to the whole or substantially the whole of its business;
for empowering the Council to take such steps as it considers necessary or expedient to ascertain whether or not any rules applicable to recognised bodies or managers or employees of such bodies by virtue of this section are being complied with;
for the manner of service on recognised bodies of documents authorised or required to be served on such bodies under this Part.
for information (or information of a specified description) on such a register to be made available to the public, and about the manner in which and times at which, information is to be made so available;
about the education and training requirements to be met by managers and employees of recognised bodies;
for rules made under any other provision of this Part to have effect in relation to managers and employees of recognised bodies with such additions, omissions or other modifications as appear to the Council to be necessary or expedient;
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at the time it was done the body was a recognised body; and
it was done in the course of the provision of conveyancing services which the body was not precluded from undertaking to provide as a recognised body by any restrictions imposed in pursuance of subsection (3)(d) of this section.
Rules made by the Council may provide for the Council to grant a body recognition under this section subject to one or more conditions.
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the conditions specified in paragraphs (a) and (b) of the preceding subsection are satisfied in relation to that act; and
it was done by him at the direction and under the supervision of another person who was at the time an officer or employee of the body ; and
it could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under the said section 22.
At any time while a body is recognised under this section, the Council may, in such circumstances as may be prescribed, direct that the body's recognition is to have effect subject to such conditions as the Council may think fit. “Prescribed” means prescribed by rules made by the Council.
A certificate signed by an officer of the Council and stating— shall, unless the contrary is proved, be evidence of the facts stated in the certificate; and a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.
that any body . . . is or is not, or was or was not at any time, a recognised body; or
that a body's recognition under this section does not have effect subject to any conditions or has effect subject to any particular conditions,
The conditions which may be imposed under subsection (3A) or (3B) include— and conditions may be imposed despite the fact that they may result in expenditure being incurred by the body.
conditions restricting the kinds of conveyancing services that may be provided by the body;
conditions restricting the kinds of CLC practitioner services that may be provided by the body;
conditions imposed by reference to criteria of general application;
conditions requiring the body to take any specified steps that will, in the opinion of the Council, be conducive to the body carrying on an efficient business;
Schedule 6 shall have effect with respect to recognised bodies.
On an application made by a recognised body, the Council may, in such circumstances as may be prescribed, direct—
the removal of a condition subject to which the body's recognition has effect;
the variation of such a condition in the manner described in the application.
For the purposes of subsection (3D)—
section 14 applies in relation to an application under that subsection as it applies in relation to an application for a licence under this Part of this Act, and
“prescribed” means prescribed by rules made by the Council.
Rules under subsection (3A) or (3B) may make provision about when conditions imposed take effect (including provision conferring power on the Council to direct that a condition is not to have effect until the conclusion of any appeal in relation to it).
Rules under this section may contain such incidental, supplemental, transitional or transitory provisions or savings as the Council considers necessary or expedient.
In this section—
“right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).
Nothing in this section affects section 13 of the Legal Services Act 2007 (entitlement to carry on a reserved legal activity).
The Council is capable of being designated as a licensing authority for the purposes of, and subject to, Part 5 of the Legal Services Act 2007 (alternative business structures).
For the purposes of section 32 a “conveyancing services body” means a body (corporate or unincorporate) in respect of which— are satisfied.
the management and control condition, and
the services condition,
The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer.
The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer.
The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer.
The services condition is satisfied in respect of a body if the body is carrying on a business consisting of the provision of—
conveyancing services, or
conveyancing services and other relevant legal services.
For the purposes of this section— and a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).
“relevant legal services”, in relation to a body, means—
For the purposes of section 32 a “CLC practitioner services body” means a body (corporate or unincorporate) in respect of which— are satisfied.
the management and control condition,
the services condition, and
the authorised person condition,
The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer or a licensed CLC practitioner.
The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer or a licensed CLC practitioner.
The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer or a licensed CLC practitioner.
The services condition is satisfied in respect of a body if—
the body is carrying on a business consisting of the provision of—
CLC practitioner services; or
CLC practitioner services and other relevant legal services; and
the body does not provide conveyancing services.
The authorised person condition is satisfied if the licensed conveyancer or licensed CLC practitioner by reference to whom the management and control condition is satisfied, or one of the persons by reference to whom that condition is satisfied, is an authorised person in relation to any reserved legal activity involved in the CLC practitioner services that are provided by the body.
For the purposes of this section—
a reference to CLC practitioner services is a reference to services involving the carrying on of such of the following as are reserved legal activities in relation to which the Council is designated as an approved regulator—
the exercise of a right of audience;
the conduct of litigation;
probate activities;
the administration of oaths;
a reference to designation as an approved regulator is a reference to designation as an approved regulator—
by Part 1 of Schedule 4 to the Legal Services Act 2007, or
under Part 2 of Schedule 4 to that Act;
a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).
In this section—
to or by a licensed conveyancer in the course of his acting as such for a client; or
Subsection (2) applies where a licensed conveyancer or recognised body acts as such for a client.
to or by a recognised body in the course of its acting as such for a client,
Any communication, document, material or information is privileged from disclosure in like manner as if the licensed conveyancer or body had at all material times been acting as the client's solicitor.
This section does not apply to a recognised body which holds a licence under Part 5 of the Legal Services Act 2007 (alternative business structures).
In the following provisions, namely— any reference to a solicitor shall be construed as including a reference to a licensed conveyancer and any reference to a person’s solicitor shall be construed as including a reference to a licensed conveyancer acting for that person.
sections 69 and 75(1) of the Law of Property Act 1925; . . .
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In the following provisions, namely— any reference to a solicitor shall be construed as including a reference to a licensed conveyancer or to a recognised body which is a conveyancing services body , and any reference to a person’s solicitor shall be construed as including a reference to a licensed conveyancer or such a recognised body acting for that person.
sections 10(2), 48 and 182 of the Law of Property Act 1925;
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The Estate Agents Act 1979 shall not, by virtue of section 1 of that Act, apply to things done in the course of the provision of conveyancing services by a licensed conveyancer or a recognised body which is a conveyancing services body .
In this section “conveyancing services body” has the meaning given by section 32A.
The Council may make rules prescribing its arrangements for authorising licensed conveyancers or licensed CLC practitioners , for the purposes of the Legal Services Act 2007, to carry on activities which consist of the administration of oaths.
An individual shall not describe himself or hold himself out as a licensed conveyancer unless he holds a licence in force under this Part.
A body . . . shall not describe itself or hold itself out as a recognised body unless it is for the time being recognised under section 32.
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.
Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body corporate, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.
Proceedings for an offence under this section alleged to have been committed by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.
A fine imposed on an unincorporated body on its conviction of an offence under this section is to be paid out of the funds of that body.
If an unincorporated body is charged with an offence under this section, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.
Where an offence under this section committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that officer or member as well as the unincorporated body is guilty of the offence and liable to be proceeded against and punished accordingly.
Where an offence under this section committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
In this section “officer”, in relation to a body corporate, means—
any director, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity.
Any notice or other document authorised or required to be given or served under this Part may be sent by post; and for the purpose of the application to this section of section 7 of the Interpretation Act 1978 (service by post) the proper address of a licensed conveyancer shall be the address of any place specified in the register as his place of business or one of his places of business.
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Any rules made by the Council under this Part may make different provision for different circumstances.
Without prejudice to the generality of subsection (2), any rules prescribing a fee may provide for that fee to be reduced, or to be waived by the Council, in such circumstances as may be specified in the rules.
In this Part—
“registered European lawyer" means a person who is registered with the Law Society under regulation 17 of the European Communities (Lawyers’s Practice) Regulations 2000 , as that regulation has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020.
"resident magistrate" means a resident magistrate or deputy resident magistrate appointed under Part II of the Magistrates' Courts Act (Northern Ireland) 1964 ;
“probate action” means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business; and
“legal partnership” means a partnership in which a solicitor, a registered European lawyer or a recognised body is permitted to practise by virtue of rules made under section 31 of the Solicitors Act 1974 (c. 47), as those rules had effect immediately before the commencement of subsection (6)(f);
Any reference in this Part to a licensed conveyancer practising as a sole practitioner is a reference to a licensed conveyancer practising either as the sole principal in the practice or in partnership with other persons of whom none are licensed conveyancers.
For the purposes of this Part of this Act a legal aid complaint is a complaint relating to the conduct of a barrister or solicitor in connection with the provision for any person of services under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 including, in the case of a solicitor, provision for any person of such services in the capacity of agent for that person’s solicitor.
the giving of advice or assistance under Part I of the Legal Aid Act 1974;
the provision of services for any person receiving legal aid under that Part of that Act;
the provision of services for any legally assisted person in pursuance of Part II of that Act; or
in the case of a solicitor, the provision of advice and representation pursuant to section 1 of the Legal Aid Act 1982 (duty solicitors);
In this Part—
" the Senate " means the Senate of the Inns of Court and the Bar; and
In the Legal Aid Act 1974, sections 12(3) to (5) and 38(2) to (6) (which are superseded by this Part) shall cease to have effect.
The disciplinary provisions applicable to barristers shall apply to legal aid complaints relating to the conduct of barristers as they apply to other complaints about their conduct.
Subject to any exclusion or restriction made by those provisions and despite section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress), any disciplinary tribunal which hears a legal aid complaint relating to the conduct of a barrister may, if it thinks fit and whether or not it makes any other order, order that any fees otherwise payable by the Lord Chancellor in connection with services provided by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall be reduced or cancelled.
otherwise payable under or in accordance with Part I or Part II of the Legal Aid Act 1974, or
otherwise chargeable as mentioned in section 5(1) of that Act (payment for advice and assistance otherwise than through client's contribution),
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An appeal shall lie in the case of an order under subsection (2) above in the same manner as an appeal would lie in the case of any other order of such a tribunal.
The reference in subsection (2) above to a disciplinary tribunal is a reference to a tribunal acting under the disciplinary provisions applicable to barristers and it includes a reference to a member exercising any functions of the tribunal delegated to him.
Subject to any exclusion or restriction made by the disciplinary provisions applicable to barristers, where a disciplinary tribunal hears a charge of professional misconduct or breach of professional standards against a barrister, it may order that he shall be excluded from criminal legal aid work , either temporarily or for a specified period, if it determines that there is good reason for the exclusion arising out of—
his conduct in connection with any such services as are mentioned in section 40(1), or
his professional conduct generally.
Subsection (4) of section 41 shall apply to an order under subsection (1) as it applies to an order under subsection (2) of that section.
The disciplinary provisions applicable to barristers shall include provision enabling a barrister who has been excluded from criminal legal aid work under this section to apply for an order terminating his exclusion . . .
In this section—
the reference to a disciplinary tribunal shall be construed in accordance with section 41(5); . . .
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In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of—
advice or assistance described in section 13 or 15 of that Act, or
representation for the purposes of criminal proceedings.
The Solicitors Disciplinary Tribunal shall have jurisdiction to hear and determine any legal aid complaint relating to the conduct of a solicitor and made to the Tribunal under this section by or on behalf of the Law Society.
In the following provisions of the Solicitors Act 1974, namely— any reference to a complaint or to a complaint made to the Tribunal under that Act shall be construed as including a reference to a legal aid complaint or to a legal aid complaint made to the Tribunal under this section.
subsections (9) to (11) of section 46 (procedure of Tribunal); and
section 47(2) (powers of Tribunal),
On the hearing of a legal aid complaint against a solicitor the Tribunal may, if it thinks fit and whether or not it makes any other order on the hearing, order that any costs otherwise payable by the Lord Chancellor in connection with services provided by the solicitor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall be reduced or cancelled.
otherwise payable under or in accordance with Part I or Part II of the Legal Aid Act 1974 ; or
otherwise chargeable as mentioned in section 5(1) of that Act; or
otherwise payable under regulations made by virtue of section 1(6) of the Legal Aid Act 1982,
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any of sections 4, 5, 10(1) and 37(2) of the Legal Aid Act 1974; or
any provision made by virtue of section 1(1) (b) of the Legal Aid Act 1982,
Nothing in section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress) prevents an order being made under subsection (3).
An appeal under section 49 of the Solicitors Act 1974 against an order of the Tribunal under subsection (3) lies only at the instance of the solicitor with respect to whom the legal aid complaint was made.
In this section “costs” includes fees, charges, disbursements, expenses and remuneration.
Section 47 of the Solicitors Act 1974 (jurisdiction and powers of the Solicitors Disciplinary Tribunal) shall be amended as follows.
In subsection (2), after paragraph (b) there shall be inserted—.
After that subsection there shall be inserted—.
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This section applies to actions in the High Court relating to the estates of deceased persons or to trusts and falling within any description specified in rules of court.
Rules of court may make provision for enabling any judgment given in an action to which this section applies to be made binding on persons who—
are or may be affected by the judgment and would not otherwise be bound by it; but
have in accordance with the rules been given notice of the action and of such matters connected with it as the rules may require.
Different provision may be made under this section in relation to actions of different descriptions.
Where— the High Court may, on the application of the personal representatives or trustees and without hearing argument, make an order authorising those persons to take such steps in reliance on the said opinion as are specified in the order.
any question of construction has arisen out of the terms of a will or a trust; and
an opinion in writing given by a person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, has been obtained on that question by the personal representatives or trustees under the will or trust,
The High Court shall not make an order under subsection (1) if it appears to the court that a dispute exists which would make it inappropriate for the court to make the order without hearing argument.
Where on a compromise of a probate action in the High Court— the court may without more pronounce accordingly.
the court is invited to pronounce for the validity of one or more wills, or against the validity of one or more wills, or for the validity of one or more wills and against the validity of one or more other wills; and
the court is satisfied that consent to the making of the pronouncement or, as the case may be, each of the pronouncements in question has been given by or on behalf of every relevant beneficiary,
In this section—
“the Society” has the meaning given by section 87(1) of the Solicitors Act 1974;
a person who under any such will is beneficially interested in the deceased’s estate; and
where the effect of the pronouncement would be to cause the estate to devolve as on an intestacy (or partial intestacy), or to prevent it from so devolving, a person who under the law relating to intestacy is beneficially interested in the estate.
Where an application relating to the estate of a deceased person is made to the High Court under this subsection by or on behalf of a personal representative of the deceased or a beneficiary of the estate, the court may in its discretion—
appoint a person (in this section called a substituted personal representative) to act as personal representative of the deceased in place of the existing personal representative or representatives of the deceased or any of them; or
if there are two or more existing personal representatives of the deceased, terminate the appointment of one or more, but not all, of those persons.
Where the court appoints a person to act as a substituted personal representative of a deceased person, then—
if that person is appointed to act with an executor or executors the appointment shall (except for the purpose of including him in any chain of representation) constitute him executor of the deceased as from the date of the appointment; and
in any other case the appointment shall constitute that person administrator of the deceased’s estate as from the date of the appointment.
The court may authorise a person appointed as a substituted personal representative to charge remuneration for his services as such, on such terms (whether or not involving the submission of bills of charges for taxation by the court) as the court may think fit.
Where an application relating to the estate of a deceased person is made to the court under subsection (1), the court may if it thinks fit, proceed as if the application were, or included, an application for the appointment under the Judicial Trustees Act 1896 of a judicial trustee in relation to that estate.
In this section “beneficiary”, in relation to the estate of a deceased person, means a person who under the will of the deceased or under the law relating to intestacy is beneficially interested in the estate.
In section 1 of the Judicial Trustees Act 1896, after subsection (6) there shall be added—.
——
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Section 40A of the Senior Courts Act 1981 and section 109 of the County Courts Act 1984 (administrative and clerical expenses of garnishees) shall each be amended as follows.
For subsection (1) there shall be substituted—.
In subsection (2), for “The prescribed sum may not” there shall be substituted “An amount may not in pursuance of subsection (1)”.
In subsection (4), the word “and” shall be omitted, and after paragraph (b) there shall be inserted—.
Where— the Secretary of State may, if he thinks fit, reimburse that party in respect of any such additional costs, or in respect of such part thereof as he may determine; but the amount of any such reimbursement shall not exceed such sum as the Secretary of State may by order prescribe for the purposes of this section.
the judge, or (as the case may be) any of the judges, presiding at any proceedings to which this section applies becomes temporarily or permanently incapacitated from presiding at the proceedings, or dies, at any time prior to the conclusion of the proceedings; and
any party represented at the proceedings incurs any additional costs in consequence of the judge’s incapacity or death,
Subject to subsection (3), this section applies to— and, in the case of any interlocutory proceedings falling within paragraphs (a) to (c), applies separately to any such proceedings and to any other proceedings in the cause or matter in question.
proceedings in the civil division of the Court of Appeal;
civil proceedings in the High Court;
proceedings in the county court ;
proceedings in the family court;and
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For the purposes of this section the amount of any additional costs incurred by any person as mentioned in subsection (1)(b) shall be such amount as may be agreed between the Secretary of State and that person or, in default of agreement, as may be ascertained by taxation.
Where any proceedings to which this section applies— subsection (1) shall have effect in relation to the incapacity or death of the judge as it has effect in relation to any such incapacity or death of a presiding judge as is mentioned in paragraph (a) of that subsection, but as if any reference to any party represented at the proceedings were a reference to any party who would have been so represented but for the judge’s incapacity or death.
are due to be begun before a judge at a particular time; but
are not begun at that time by reason of the judge becoming temporarily or permanently incapacitated from presiding at the proceedings or by reason of his death,
In this section . . . “judge” in relation to any proceedings, includes— and, in relation to any such person as is mentioned in paragraph (b), any reference to presiding at any proceedings shall be construed as including a reference to assisting at the proceedings.
a master, registrar or other person acting in a judicial capacity in the proceedings; or
a person assisting at the proceedings as an assessor or as an adviser appointed by virtue of section 70(3) of the Senior Courts Act 1981;
Any order made by the Secretary of State under this section shall be made with the concurrence of the Treasury, and shall be so made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Any sums required by the Secretary of State for making payments under this section shall be paid out of money provided by Parliament.
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Section 73 of the County Courts Act 1984 (register of judgments and orders) shall be amended as provided in subsections (2) to (4) of this section.
For subsection (1) there shall be substituted—.
For subsection (3) there shall be substituted—.
For subsection (5) there shall be substituted—.
After section 73 of the County Courts Act 1984 there shall be inserted—.
Section 138 of the County Courts Act 1984 (provisions as to forfeiture for non-payment of rent) shall be amended as provided in subsections (2) to (4) of this section.
In subsection (5), the words “Subject to subsection (6),” shall be omitted.
In subsection (7)—
for “enforced” there shall be substituted “enforceable”; and
after “the lessee shall” there shall be inserted “, subject to subsections (8) and (9A),”.
After subsection (9) there shall be inserted—.
In section 139 of the County Courts Act 1984 (service of summons and re-entry), after subsection (2) there shall be inserted—.
In this Part—
The Limitation Act 1980 shall be amended as follows.
After section 4 there shall be inserted—.
In section 28 (persons under disability), after subsection (4) there shall be inserted—.
After section 32 there shall be inserted—.
In section 36(1) (exclusion of claims for equitable relief from certain time limits), after paragraph (a) there shall be inserted—.
The Schedule to the Pensions Appeal Tribunals Act 1943 shall be amended as follows.
In paragraph 6 (which provides for appeals by persons not resident in Scotland or Northern Ireland to be heard by one of the Tribunals appointed for England and Wales), after “and” there shall be inserted “, subject to any provision made by virtue of paragraph 6A of this Schedule,”.
After paragraph 6 there shall be inserted—.
The Patents Act 1977 shall be amended as follows.
In section 84 (restriction on acting as agent etc. in connection with European patents)—
in subsection (1), after " proceedings " there shall be inserted " in relation to applications for or otherwise"; and
after subsection (3) there shall be inserted—.
In section 102(2) (right of audience in patent proceedings), for " under any such treaty or convention," there shall be substituted " in relation to applications for, or otherwise in connection with, European patents,".
In section 114 (restrictions on practice as patent agent), after subsection (2) there shall be inserted—,
In section 130(1) (interpretation), in the definition of " patent agent", for " in connection with such patents before the comptroller; " there shall be substituted " before the comptroller—
in relation to applications for, or otherwise in connection with, such patents, or
in connection with European patents (UK) to which section 77(1) above for the time being applies;".
The amendment specified in subsection (2) (a) of this section shall also be made in paragraph 10A of Schedule 4 to the Fair Trading Act 1973 and in paragraph 10A of Schedule 1 to the Restrictive Trade Practices Act 1976 (excluded services for purposes of provisions of those Acts).
In Schedule 2 to the Children and Young Persons Act 1963 (which by virtue of section 17(1) of that Act has effect as Schedule 2 to the Children and Young Persons Act 1933), in Part II (constitution of youth courts in Inner London and the City), after paragraph 15 there shall be inserted—.
In section 70(2)(a) of the Judicature (Northern Ireland) Act 1978 the words “and is in practice as such” (which disqualify non-practising barristers and solicitors for appointment as statutory officers under section 70(2) of that Act) shall be omitted.
In section 103(3) of that Act (appointment and removal from office of justices of the peace) for the words from “on behalf” to “Chancellor” there shall be substituted the words “by the Lord Chancellor by instrument on behalf and in the name of Her Majesty”.
Where in any action brought against a resident magistrate or other justice of the peace in respect of anything done by him in the execution or purported execution of his office as such a magistrate or justice the plaintiff would (apart from this section) be entitled to recover— then, if this section applies to the recovery of any such damages by virtue of subsection (3), (4) or (5), the plaintiff shall not be entitled to recover the amount of the sum so paid or levied or (as the case may be) to recover any sum beyond the sum of one penny as damages in respect of any such imprisonment, detention or restriction of liberty as aforesaid, and shall not be entitled to any costs.
damages in respect of any sum paid or levied under a conviction or order ; or
damages in respect of his imprisonment under a conviction or order; or
damages in respect of his detention, or any other restriction of liberty imposed on him, under an order made under any of the enactments mentioned in subsection (2),
The enactments referred to in subsection (1)(c) are—
section 48 of the Mental Health Act (Northern Ireland) 1961 (hospital and guardianship orders);
section 5(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (detention in a young offenders centre);
section 74(1)(a), (b) and (e) of the Children and Young Persons Act (Northern Ireland) 1968 (powers of courts on finding of guilt of juvenile offenders);
section 75 of that Act (power to commit juveniles in default to remand homes); and
section 140(2) of, and paragraph 11 of Schedule 5 to, that Act (orders made in the case of persons subject to training school orders).
This section shall apply to the recovery of any such damages as are mentioned in subsection (1)(a) if the court is satisfied that the plaintiff was guilty of the offence of which he was convicted or (as the case may be) that he was liable by law to pay the sum he was ordered to pay.
This section shall apply to the recovery of any such damages as are mentioned in subsection (1)(b) it the court is satisfied—
where the plaintiff was imprisoned following a conviction, that he was guilty of the offence of which he was convicted; or
where the plaintiff was imprisoned for any default— and in addition that the duration of his imprisonment did not exceed the maximum term of imprisonment prescribed by law for the offence or default in question.
that he was by law liable to pay the sum of money he was ordered to pay or (as the case may be) required to do or abstain from doing something other than the payment of money, and
that any such liability had not been discharged or any such requirement had not been complied with;
This section shall apply to the recovery of any such damages as are mentioned in subsection (1)(c) if the court is satisfied— and in addition, where the duration of any detention or other restriction of liberty that could be ordered in pursuance of the enactment in question following any such conviction, finding of guilt, default or conduct as aforesaid was subject to any limit prescribed by law, that the duration of the detention or other restriction undergone by the plaintiff under the order did not exceed that limit.
in the case of an order made under section 48 of the Mental Health Act (Northern Ireland) 1961, that the plaintiff—
was guilty of the offence of which he was convicted or (as the case may be) did any such act or made any such omission as is referred to in subsection (2) of that section, and
(in either case) was suffering at the time when the order was made from any such mental disorder as is referred to in subsection (1) of that section ; or
in the case of an order made following a conviction or other finding of guilt (not being an order falling within paragraph (a)), that the plaintiff was guilty of the offence of which he was convicted or found guilty ; or
in the case of an order made following any default, that sub-paragraphs (i) and (ii) of subsection (4)(b) are applicable in relation to the plaintiff; or
in the case of an order made under either of the provisions referred to in subsection (2)(e), that the conduct of the plaintiff leading to the making of the order was such as to warrant the making of an order of that nature by a court having power to do so ;
Any reference in subsection (1), in relation to the plaintiff in an action, to his imprisonment or detention or to any other restriction of liberty imposed on him as mentioned in that subsection includes a reference to any act done by any person in connection with carrying out the sentence or order resulting in that imprisonment, detention or restriction of liberty, as the case may be.
The provisions of this section shall apply in relation to— as they apply in relation to a resident magistrate.
a county court judge sitting in connection with an appeal under Part XII of the Magistrates' Courts (Northern Ireland) Order 1981; or
a member of a panel formed under paragraph 1 of Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (juvenile court panels),
In this section— and any reference to an order made under any enactment includes a reference to an order purporting to be made under that enactment.
Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings, or in connection with the obtaining or giving of legal advice, are in certain circumstances privileged from disclosure, provision may be made by rules of court for requiring, in the case of civil proceedings of any description specified in the rules— and any such disclosure shall be made by the furnishing of any such document or documents as may be specified in the rules, and shall be so made by such time as may be determined by or in accordance with the rules.
a party who has been afforded a medical examination of another party to disclose to that other party the result of the examination;
a party who proposes to adduce at the trial expert evidence with respect to medical matters, or matters of any other class specified in the rules, to disclose that evidence to every other party to the proceedings;
Provision may be made by rules of court as to the conditions subject to which expert evidence may be given in civil proceedings.
Without prejudice to the generality of subsection (2), rules of court made in pursuance of that subsection may make provision for prohibiting a party from adducing, except with the leave of the court, any expert evidence the contents of which were required to be, but have not been, disclosed by him in accordance with rules under subsection (1)(b).
Any rules of court made in pursuance of this section may make different provision for different classes of cases and for other different circumstances.
In this section “rules of court” means— and nothing in this section shall prejudice the generality of either of those provisions.
rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978; or
county court rules made under Article 47 of the County Courts (Northern Ireland) Order 1980;
Section 71 of the Administration of Justice Act 1982 (which is superseded by this section) shall cease to have effect.
Subject to the provisions of this section, every member of the Incorporated Company of Scriveners (" the Company ") who has been admitted to practise as a public notary within the jurisdiction of the Company shall have the powers conferred on a commissioner for oaths by the Commissioners for Oaths Acts 1889 and 1891 ; and any reference to such a commissioner in an enactment or instrument (including an enactment passed or instrument made after the commencement of this section) shall include a reference to such a member of the Company unless the context otherwise requires.
A member of the Company shall not exercise the powers conferred by this section in a proceeding in which he is interested.
A member of the Company before whom any oath or affidavit is taken or made in pursuance of this section shall state in the jurat or attestation the place at which and the date on which the oath or affidavit is taken or made.
A document containing such a statement and purporting to be sealed or signed by a member of the Company shall be admitted in evidence without proof of the seal or signature, and without proof that he is a member of the Company or that he has been admitted to practise as mentioned in subsection (1).
Nothing in this section affects the power to appoint commissioners under the Commissioners for Oaths Act 1889.
A building society may, at any time during the period of three years beginning with the commencement of this section, alter the rules of the society by resolution of the board of directors so as to provide for conveyancing services to be carried out on the society's behalf, in relation to estates or interests in land in England and Wales, by all or any of the following, namely—
a recognised body within the meaning of section 9 of this Act;
a licensed conveyancer ; and
a recognised body within the meaning of Part II of this Act.
Where any alteration of the rules of a building society is effected under subsection (1), the society shall send to the central office two copies of the alteration signed by three members and the secretary and a statutory declaration by an officer of the society that the alteration was effected by resolution of the board of directors.
Where copies are sent to the central office in accordance with subsection (2), and the central office find that the alteration is in conformity with the 1962 Act and this section, they shall return one of the copies to the secretary or other officer of the society with a certificate of registration, and shall retain and register the other copy.
If a building society fails to comply with subsection (2) the society and every officer of the society who is in default, shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.
The power to alter its rules under subsection (1) shall cease to be exercisable by a building society if, during the period of three years mentioned in that subsection, a special resolution is passed altering (in any respect) the rules of the society in pursuance of section 17(1) of the 1962 Act (alteration of rules).
Section 34(4) of the 1962 Act (restriction on commissions for introduction of mortgage business) shall apply to a body or person falling within any of paragraphs (a) to (c) of subsection (1) of this section as it applies to a solicitor.
This section and the 1962 Act shall be construed as if this section were contained in that Act, and in this section—
The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
The enactments specified in Schedule 8 are hereby repealed to the extent specified in the third column of that Schedule.
With the exception of the provisions referred to in subsection (2), this Act does not extend to Scotland or Northern Ireland.
Those provisions are—
sections 59 and 60;
sections 62 to 64, section 67(2) and Schedule 8 so far as they relate to the Justices Protection (Ireland) Act 1849, the Judicature (Northern Ireland) Act 1978 and the Administration of Justice Act 1982, and paragraph 16 of Schedule 9.
section 66;
this section; and
section 69.
Of those provisions—
subsections (1) to (5) of section 60 extend to the Isle of Man as well as to Scotland and Northern Ireland;
the provisions referred to in subsection (2)(b) extend to Northern Ireland only; and
section 66 does not extend to Northern Ireland.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 45 or 52 of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House.
This Act may be cited as the Administration of Justice Act 1985.
Subject to subsections (3) and (4), this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and an order under this subsection may appoint different days for different provisions and for different purposes.
The following provisions of this Act shall come into force on the day this Act is passed—
section 63;
Part I of Schedule 8 and section 67(2) so far as relating thereto;
section 68;
this section and Schedule 9.
The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—
sections 45, 49, 52, 54, 56 to 62 and 64 and 65;
paragraph 8 of Schedule 7 and section 67(1) so far as relating thereto;
Part II of Schedule 8 and section 67(2) so far as relating thereto.
The transitional provisions and savings contained in Schedule 9 shall have effect; but nothing in that Schedule shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to repeals).
Section 8.
In section 3 (admission as solicitor), in subsection (3), for “High Court” substitute “Supreme Court”.
In section 7 (entry of name and restoration of name struck off), omit “not exceeding £15”.
In section 8 (removal or restoration of name at solicitor’s request), in subsection (2), omit “not exceeding £15”.
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for a reduction to be made in the fee payable by a solicitor who, having been admitted as a solicitor during the period beginning with 1st January and ending with 31st October in any year, is issued with a practising certificate during that period; and
for the amount of that reduction to vary according to the date on which the certificate is issued."
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In section 21 (unqualified person not to pretend to be a solicitor), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale.”
In section 24 (application of penal provisions to body corporate)—
in subsection (1)(a), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale, and”; and
in subsection (1)(b), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale.”
Section 28 (regulations) shall be amended as follows. After subsection (3) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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in subsection (2), for " specified in" substitute " for the purposes of"; and
after subsection (5) insert—.
In section 43 (control of employment of certain clerks)—
in subsection (1)(b), for the words from “in respect of” onwards substitute “which involved conduct on his part of such a nature that in the opinion of the Society it would be undesirable for him to be employed by a solicitor in connection with his practice,”; and
omit subsection (6).
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at the beginning of subsection (2), insert " Subject to subsection (5),";
in subsection (3), after " not members of the Council" insert " , and such persons need be neither members of the Society nor solicitors " ; and
after subsection (4), insert—.
In section 87 (interpretation)—
in subsection (1)—
in the definition of “contentious business”, for “section 175(1) of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “section 128 of theSenior Courts Act 1981”;
“the standard scale” has the meaning given by section 37 of the Criminal Justice Act 1982;
in subsection (2)—
at the end of paragraph (a) insert “or in pursuance of regulations under section 28(3A);”
in paragraph (b), for “otherwise than at his own request” substitute “as a disciplinary sanction”.
Schedule 1 (intervention in solicitor’s practice) shall be amended as follows. In paragraph 1(1), after paragraph (e), insert—. In paragraph 5(2), after “bank” insert “or other financial institution”. In paragraph 6(4), for “14” substitute “8”. In paragraph 7—
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Section 9.
Subject to sub-paragraph (2), references in this Schedule to a recognised body or a recognised sole solicitor’s practice are references to a body or sole solicitor’s practice . . . for the time being recognised under section 9 of this Act. References in this Schedule to a recognised body or a recognised sole solicitor’s practice in relation to— include references to a body or sole solicitor’s practice . . . that was recognised under section 9 of this Act at the time when the conduct to which the complaint . . . relates took place. References in this Schedule to a manager or employee of a recognised body, or to an employee in a recognised sole solicitor’s practice, in relation to a complaint (other than such a complaint as is mentioned in paragraph 16(1A)(a)), include references to a person who was such a manager or employee at the time when the conduct to which the complaint relates took place. In this Schedule references to employment in a recognised sole solicitor’s practice have the same meaning as in section 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 87(1) of the 1974 Act the definitions of “client”, “contentious business” and “non-contentious business” shall apply for the purposes of this Schedule; and for the purposes of— they shall apply as if for any reference to a solicitor there were substituted a reference to a recognised body . . . . Subject to sub-paragraphs sub-paragraphs (4) and (6), any expression used in this Schedule which is also used in the 1974 Act has the same meaning as in that Act. In this Schedule—
A body may appeal to the High Court against— A sole solicitor may appeal to the High Court against— A recognised body whose recognition is subject to a condition within section 9(2H)(b) may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition. Where the recognition of a recognised sole solicitor’s practice is subject to a condition within section 9(2H)(b), the sole solicitor may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition. Rules made by the Society may make provision, as respects any application for recognition that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this paragraph in relation to the application as if it had been refused by the Society. On an appeal under sub-paragraph (1)(a) or (b) or (1A)(a) or (b) , the High Court may— On an appeal under sub-paragraph (1)(c) or (1A)(c) , the High Court may— On an appeal under sub-paragraph (2) or (2A) , the High Court may— In relation to an appeal under this paragraph, the High Court may make such order as it thinks fit as to payment of costs. The decision of the High Court on an appeal under this paragraph is final.
This paragraph applies where rules made under section 32(1) of the 1974 Act are applied— The Society may disclose a report on or information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use—
Where rules made under section 32 of the 1974 Act and containing any such provision as is referred to in section 33(1) of that Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, then, except as provided by the rules , a recognised body is not liable to account to any client, other person or trust for interest received by the recognised body on money held at a bank or building society in an account which is for money received or held for, or on account of— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where rules made under section 32 of the 1974 Act and containing any such provision as is referred to in section 33(1) of that Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), then, except as provided by the rules, a manager or employee to whom the rules are applied is not liable to account to any client, other person or trust for interest received by the manager or employee on money held at a bank or building society in an account which is for money received or held for, or on account of—
clients of the recognised body, other persons or trusts, generally, or
that client, person or trust, separately.
Where rules made under section 34 of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f), section 34(9) and (10) of that Act apply in relation to a recognised body as they apply in relation to a solicitor.
Where rules made under section 34 of the 1974 Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), section 34(9) and (10) of that Act apply in relation to a manager or employee to which the rules are applied as they apply in relation to a solicitor.
This paragraph applies where rules made under section 33A(1) of the 1974 Act are applied— The Society may disclose information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use—
Section 36 of the 1974 Act applies in relation to recognised bodies as if for paragraphs (a) and (b) of subsection (1) there were substituted—. Section 36A(2) and (3) of the 1974 Act applies in relation to recognised bodies as it applies in relation to solicitors.
In section 38 of the 1974 Act references to any partner of a solicitor shall be construed, in relation to a solicitor who is a manager of a recognised body, as references to any other solicitor who is a manager of that body.
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Section 41 of the 1974 Act (except subsection (4)) shall apply to a recognised body (and any manager or employee of it) and its business as such as it applies to a solicitor and his practice as such. No recognised body (or manager or employee of such a body) may, except in accordance with a written permission granted by the Society under this paragraph, permit a person to whom sub-paragraph (3) applies to— and for this purpose a person has an interest in the body if he has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act). This sub-paragraph applies to a person who to the knowledge of the recognised body (or, as the case may be, the manager or employee) is a person— Permission granted for the purposes of sub-paragraph (2) may be granted for such period and subject to such conditions as the Society thinks fit. A person aggrieved by the refusal of the Society to grant permission under sub-paragraph (4), or by any conditions attached by the Society to the grant of any such permission may appeal to the High Court which may— In relation to an appeal under sub-paragraph (5) the High Court may make such order as it thinks fit as to payment of costs. The decision of the High Court on an appeal under sub-paragraph (5) is final.
Section 42(1) and (1A) of the 1974 Act shall apply in relation to employment by a recognised body (or any manager or employee of such a body) in connection with its business as it applies in relation to employment by a solicitor in connection with his practice. It is an offence for a person (“P”) to whom sub-paragraph (3) applies— This sub-paragraph applies to a person— A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Subsection (2) of section 42 of the 1974 Act applies in relation to an offence under sub-paragraph (2) as it applies in relation to an offence under that section. For the purposes of sub-paragraph (2)(a) a person seeks or accepts an interest in a recognised body if the person seeks or accepts an interest which if it were obtained by the person would result in the person having an interest in that body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).
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any reference in subsection (1) to a solicitor or to his practice shall be construed as including a reference to a recognised body or to its business; and
subsection (3) shall apply in relation to proceedings under this Schedule as it applies in relation to proceedings under that section.
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The Society may give a notice under this paragraph if it is satisfied that it is necessary to do so for the purpose of investigating whether— A notice under this paragraph is a notice which requires a person within sub-paragraph (3)— The persons are— For the purposes of this paragraph, section 44B(4) to (7) of the 1974 Act applies— and references in subsections (6) and (7) of that section to powers conferred by that section are to be read as references to powers conferred by this paragraph. Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a), (b) or (c) of sub-paragraph (3), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question. Section 44BA of the 1974 Act (power to require explanation of document or information) applies in relation to a notice under this paragraph and the person to whom such a notice is given as it applies in relation to a notice under section 44B of the 1974 Act and the person to whom such a notice is given. Subsection (1) of section 44BC of that Act (falsification of documents etc) applies in relation to an investigation of the kind mentioned in sub-paragraph (1) as it applies in relation to the investigations mentioned in that subsection, and subsections (2), (4) and (5) of that section apply accordingly. Subsection (3) of that section (provision of false information etc) applies in relation to a requirement imposed under this paragraph as it applies in relation to a requirement imposed by section 44B of that Act, and subsections (4) and (5) of that section apply accordingly.
The Society may give a notice under this paragraph if it is satisfied that it is necessary to do so for the purpose of investigating whether a recognised sole solicitor’s practice continues to be suitable to be recognised under section 9. A notice under this paragraph is a notice which requires a person within sub-paragraph (3)— The persons are— For the purposes of this paragraph, section 44B(4) to (7) of the 1974 Act applies— and references in subsections (6) and (7) of that section to powers conferred by that section are to be read as references to powers conferred by this paragraph. Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a) or (b) of sub-paragraph (3), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question. Section 44BA of the 1974 Act (power to require explanation of document or information) applies in relation to a notice under this paragraph and the person to whom such a notice is given as it applies in relation to a notice under section 44B of the 1974 Act and the person to whom such a notice is given. Subsection (1) of section 44BC of that Act (falsification of documents etc) applies in relation to an investigation of the kind mentioned in sub-paragraph (1) as it applies in relation to the investigations mentioned in that subsection, and subsections (2), (4) and (5) of that section apply accordingly. Subsection (3) of that section (provision of false information etc) applies in relation to a requirement imposed under this paragraph as it applies in relation to a requirement imposed by section 44B of that Act, and subsections (4) and (5) of that section apply accordingly.
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The Society may make regulations prescribing charges to be paid to the Society by recognised bodies who are the subject of a discipline investigation or by the sole solicitor in a recognised sole solicitor’s practice which is subject to a discipline investigation . A discipline investigation is an investigation carried out by the Society into a failure or apprehended failure by a recognised body , or by a sole solicitor, or any employee, in a recognised sole solicitor’s practice, to comply with any requirement imposed by or by virtue of this Act or any rules applicable to them by virtue of section 9. Regulations under this paragraph may— Any charge which a recognised body or a sole solicitor is required to pay under regulations under this paragraph is recoverable by the Society as a debt due to the Society from the recognised body or from that sole solicitor . This paragraph applies in relation to a manager or employee of a recognised body as it applies in relation to a recognised body.
The Tribunal shall have jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to a recognised body, namely— The Tribunal shall have jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to a manager or employee of a recognised body (“the relevant person”)— The Tribunal has jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to the sole solicitor, or an employee, in a recognised sole solicitor’s practice (“the relevant person”)— A complaint may be made to the Tribunal under this paragraph by any person.
This paragraph applies where the Society is satisfied that— has failed to comply with a requirement imposed by or by virtue of this Act or any rules applicable to that person by virtue of section 9 of this Act. The Society may do one or both of the following— In a case where this sub-paragraph applies, sub-paragraph (2)(b) has effect as if the words after “penalty” (which set a limit on the amount of the penalty a person may be directed to pay) were omitted. Sub-paragraph (2A) applies where the Society takes action against a person under sub-paragraph (2)(b) for failure to comply with a requirement or rule referred to in sub-paragraph (1) where— In sub-paragraph (2B) “economic crime” has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023. The Society may publish details of any action it has taken under sub-paragraph (2)(a) or (b), if it considers it to be in the public interest to do so. Where the Society takes action against a person under sub-paragraph (2)(b), or decides to publish under sub-paragraph (3) details of such action under sub-paragraph (2)(a) or (b), it must notify the person in writing that it has done so. A penalty imposed under sub-paragraph (2)(b) does not become payable until— The Society may not publish under sub-paragraph (3) details of any action under sub-paragraph (2)(a) or (b)— The Society must make rules— and the Society may make such other rules in connection with the exercise of its powers under this paragraph as it considers appropriate. Before making rules under sub-paragraph (7), the Society must consult the Tribunal. A penalty under this paragraph may be recovered as a debt due to the Society, and is to be forfeited to Her Majesty. The Lord Chancellor may, by order, amend paragraph (b) of sub-paragraph (2) so as to substitute for the amount for the time being specified in that paragraph such other amount as may be specified in the order. Before making an order under sub-paragraph (10), the Lord Chancellor must consult the Society. An order under sub-paragraph (10) is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. This paragraph is without prejudice to any power conferred on the Society, or any other person, to make an application or complaint to the Tribunal.
A person may appeal against— Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 of the 1974 Act (Tribunal rules about procedure for hearings etc) apply in relation to appeals under this paragraph as they apply in relation to applications or complaints, except that subsection (11) of that section is to be read as if for “the applicant” to “application)” there were substituted any party to the appeal. Rules under section 46(9)(b) of the 1974 Act may, in particular, make provision about the period during which an appeal under this paragraph may be made. On an appeal under this paragraph, the Tribunal has power to make an order which— Where, by virtue of sub-paragraph (4)(e), an order contains provision for any of the matters mentioned in sub-paragraph (2)(c) of paragraph 18A, sub-paragraphs (5) and (6) of that paragraph apply as if the order had been made under sub-paragraph (2)(c) of that paragraph. An appeal from the Tribunal shall lie to the High Court, at the instance of the Society or the person in respect of whom the order of the Tribunal was made. The High Court shall have power to make such order on an appeal under this paragraph as it may think fit. Any decision of the High Court on an appeal under this section shall be final. This paragraph is without prejudice to any power conferred on the Tribunal in connection with an application or complaint made to it.
In subsections (9) to (11) of section 46 of the 1974 Act—
any reference to an application or complaint shall be construed as including a reference to any such application as is mentioned in paragraph . . . 21(1) or any such complaint as is mentioned in paragraph ... 16(1) , (1A) or (1B) ;
any reference to an application or complaint made under that Act shall be construed as including a reference to any such application or complaint as aforesaid made under this Schedule; and
in the case of subsection (10)(c), any reference to a solicitor shall be construed as including a reference to a recognised body or, in the case of such a complaint as is mentioned in paragraph 16(1A) or (1B) , to a manager or employee of such a body or (as the case may be) to an employee in a recognised sole solicitor’s practice .
Where on the hearing of any complaint made to it under this Schedule (other than paragraph 16(1A) the Tribunal is satisfied that a recognised body— the Tribunal may, if it thinks fit, make one or more of the orders referred to in sub-paragraph (2). Those orders are— Where, on the hearing of any application or complaint made to it under this Schedule, the Tribunal is satisfied that more than one allegation is proved against the recognised body to whom the application or complaint relates, it may impose a separate penalty (by virtue of sub-paragraph (2)(b) ) with respect of each such allegation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where, on the hearing of any complaint made to it under paragraph 16(1A) or (1B) of this Schedule, the Tribunal is satisfied that a manager or employee of a recognised body , or the sole solicitor, or an employee, in a recognised sole solicitor’s practice — the Tribunal may, if it thinks fit, make one or more of the orders referred to in sub-paragraph (2). Those orders are— The matters referred to in sub-paragraph (2)(c) are— For this purpose a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 the Legal Services Act 2007 (see sections 72 and 109 of that Act). Subsections (1) to (1C), (3) and (4) of section 44 of the 1974 Act (offences in connection with orders under section 43(2) of that Act) apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of that Act, except that references in those subsections to provision within section 43(2)(a), (b) or (c) of that Act are to be read as references to provision within sub-paragraph (3)(a), (b) or (c). Section 44(2) of the 1974 Act, paragraph 16(1)(d) and (1A)(d) of this Schedule and paragraph 15(3A) of Schedule 14 to the Courts and Legal Services Act 1990 apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of the 1974 Act. For the purposes of sub-paragraph (2)(d) an “appropriate regulator” in relation to the relevant person means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the Tribunal makes any such order as is referred to in subsection (2A) of section 47 of the 1974 Act in the case of a solicitor who is a manager or employee of a recognised body, the Tribunal may, if it thinks fit, order that any solicitor who is for the time being a manager of that body shall be excluded (either permanently or for a specified period) from criminal legal aid work (as defined in that section) . Where the Tribunal makes any such order as is referred to in section 47(2A) of the 1974 Act in the case of a solicitor who is an employee in a recognised sole solicitor’s practice, the Tribunal may, if it thinks fit, order that any solicitor who is for the time being the sole solicitor in that practice shall be excluded (either permanently or for a specified period) from criminal legal aid work (as defined in that section). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— the Tribunal may, on an application made with respect to the recognised body or the recognised sole solicitor’s practice by or on behalf of the Society, by order revoke its recognition under section 9 of this Act. The Tribunal shall not take a case into consideration during any period within which proceedings by way of appeal may be brought which may result in sub-paragraph (1) being rendered inapplicable in that case, or while any such proceedings are pending. Any reference to a manager of a recognised body , or to a sole solicitor in a recognised sole solicitor’s practice, in any of paragraphs (a) to (c) of sub-paragraph (1) includes a reference to a person who was a manager of the body , or the sole solicitor in the practice, at the time of the conduct leading to the making of the order referred to in that paragraph. The reference in paragraph (c) of sub-paragraph (1) to a person employed by a recognised body , or in a sole solicitor’s practice, includes a reference to a person who was so employed at the time of the conduct leading to the making of the order referred to in that paragraph.
In the provisions to which this paragraph applies— This paragraph applies to the following provisions of the 1974 Act (which relate to the remuneration of solicitors in respect of contentious and non-contentious business), namely— section 56 (except subsections (1)(e) and (5)); sections 57 to 59; section 60 (except subsection (5)); sections 61 and 62; sections 64 and 65; section 67; section 69(1); and sections 70 to 74.
In relation to an order under section 56 of the 1974 Act prescribing (by virtue of paragraph 22) general principles to be applied when determining the remuneration of recognised bodies in respect of non-contentious business, subsection (5) of that section shall have effect as if— In this paragraph “authorised person” means a person who is an authorised person in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007 (see section 18 of that Act).
in paragraph (a), for " the solicitor " there were substituted " the recognised body"; and
in paragraph (d). for " the solicitor " there were substituted " any solicitor, being an officer or employee of the recognised body,".
This paragraph applies in relation to a contentious business agreement made between a recognised body and a client. A provision in the agreement that the body shall not be liable for the negligence of any of its managers or employees shall be void if the client is a natural person who, in entering that agreement, is acting for purposes which are outside his trade, business or profession. A provision in the agreement that the body shall be relieved from any responsibility to which it would otherwise be subject in the course of carrying on its business as a recognised body shall be void. A provision in the agreement that any manager of the body shall be relieved from any responsibility to which the manager would otherwise be subject in the course of the carrying on by the body of its business as a recognised body shall be void.
If, after some business has been done under a contentious business agreement made between a recognised body and a client but before the body has wholly performed it, the body ceases to be capable of wholly performing it by reason of one of the following events, namely— any party to, or the representative of any party to, the agreement may apply to the court, and the court shall have the same jurisdiction as to enforcing the agreement so far as it has been performed, or setting it aside, as the court would have had if the recognised body were still capable of wholly performing it. The court, notwithstanding that it is of the opinion that the agreement is in all respects fair and reasonable, may order the amount due in respect of business under the agreement to be ascertained by assessment, and in that case— If in such a case as is mentioned in sub-paragraph (1)(c) an order is made for the assessment of the amount due to the recognised body in respect of the business done under the agreement, the court shall direct the costs officer to have regard to the circumstances under which the termination of the body’s retainer or employment has taken place, and the costs officer, unless he is of the opinion that there has been no default, negligence, improper delay or other conduct on the part of any manager or employee of the body affording the client reasonable ground for terminating its retainer or employment, shall not allow to the body the full amount of the remuneration agreed to be paid to it. For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if—
Subject to the provisions of any rules of court, on every assessment of costs in respect of any contentious business done by a recognised body, the costs officer may— In this paragraph “authorised person” means an authorised person, in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007.
allow interest at such rate and from such time as he thinks just on money disbursed by the body for the client, and on money of the client in the possession of, and improperly retained by, the body ; and
in determining the remuneration of the body, have regard to the skill, labour and responsibility on the part of any solicitor, being an officer or employee of the body, which the business involved.
Any jurisdiction— shall be exercisable in like manner in relation to a recognised body.
of the High Court to make any such orders as are referred to in subsection (1) of section 68 of the 1974 Act in relation to a solicitor (whether or not business has been done by him in the High Court); or
of the county court or the family court to make any such orders as are referred to in subsection (2) of that section in relation to a solicitor,
Any jurisdiction of the High Court to make, in the case of a solicitor who is acting or has acted as such for a client, an order requiring the payment or delivery up of, or otherwise relating to, money or securities which the solicitor has in his possession or control on behalf of the client shall be exercisable in like manner in the case of a recognised body which is acting or has acted as such for a client or any manager or employee of such a body.
Subsection (2A) of section 69 of the 1974 Act shall have effect in relation to a bill of costs delivered by a recognised body as if for paragraphs (a) and (b) there were substituted— Subsection (2E) of that section shall have effect in relation to such a bill as if for “the solicitor” there were substituted “ the recognised body ”.
for the words from " by the solicitor " to " the firm " there were substituted " on behalf of the recognised body by any officer or employee of the body authorised by it to do so"; and
for " the solicitor " (where last occurring) there were substituted " the recognised body".
Section 83 of the 1974 Act shall apply in relation to proceedings which have been brought with respect to a recognised body for any of the following purposes, namely— as it applies in relation to proceedings in bankruptcy which have been taken against a solicitor.
for the winding-up of the body;
for the appointment of an administrative receiver within the meaning of section 251 of the Insolvency Act 1986; or
for the appointment of an administrator under Schedule B1 to the Insolvency Act 1986,
Where rules made under section 32(1) . . . of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, section 85 of the 1974 Act shall apply in relation to a recognised body which keeps an account with a bank or building society in pursuance of any such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32.
Where rules made under section 32(1) of the 1974 Act are applied to managers or employees in accordance with section 9(2)(fb) of this Act, section 85 of the 1974 Act shall apply in relation to a manager or employee to whom the rules are applied who keeps an account with a bank or building society in pursuance of any such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32.
Subject to sub-paragraph (2), where— the powers conferred by Part II of Schedule 1 to the 1975 Act shall be exercisable in relation to the recognised body and its business in like manner as they are exercisable in relation to a solicitor and his practice. For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The powers conferred by Part II of Schedule 1 to the 1974 Act shall also be exercisable as mentioned in paragraph 32(1) of this Schedule where—
the Society is satisfied that there has been undue delay—
on the part of a recognised body in connection with any matter in which it is or was acting on behalf of a client or with any trust of which it is or was a trustee, or
on the part of a person who is or was a manager or employee of a recognised body in connection with any trust of which the manager or employee is or was a trustee in his capacity as such a manager or employee;
the Society by notice in writing invites the body to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days; and
the body fails within that period to give an explanation which the Society regards as satisfactory; and
the Society gives notice of the failure to the body and (at the same or any later time) notice that the powers conferred by Part II of Schedule 1 to the 1974 Act are accordingly exercisable in its case by virtue of this paragraph.
On the death of a solicitor practising as the sole principal of a recognised body, paragraphs 6 to 8 of Schedule 1 to the 1974 Act shall apply to the client accounts of the recognised body.
Where the recognition of a body . . . under section 9 of this Act— the powers conferred by Part II of Schedule 1 to the 1974 Act shall be exercisable in relation to the body . . . and its former business as a recognised body as they are exercisable in relation to a solicitor and his practice. Where the powers conferred by Part II of Schedule 1 to the 1974 Act are exercisable in relation to a recognised body in accordance with paragraph 32 or 33 of this Schedule they shall continue to be so exercisable after that body’s recognition under section 9 of this Act has been revoked or has otherwise ceased to be in force.
In connection with the application of Part II of Schedule 1 to the 1974 Act for the purposes of this Schedule, in that Part of that Schedule—
any reference to the solicitor or to his practice shall be construed as including a reference to the body . . . in relation to which the powers conferred by that Part of that Schedule are exercisable by virtue of paragraph 32, 32A, 33 or 34(1) of this Schedule or to its business (or former business) as a recognised body;
any reference to paragraph 1 of that Schedule shall be construed as including a reference to paragraph 32 or 34(1) of this Schedule; . . .
any reference to paragraph 3 of that Schedule shall be construed as including a reference to paragraph 33 of this Schedule.
any reference to paragraph 2 of that Schedule shall be construed as including a reference to paragraph 32A of this Schedule;
paragraph 6(2)(a) of that Schedule is to be construed as including a reference to sums of money held by or on behalf of the recognised body in connection with any trust of which a person who is or was a manager of the recognised body is or was a trustee in his capacity as such a manager;
paragraph 9 of that Schedule is to be construed—
as if sub-paragraph (1) included a reference to documents in the possession or under the control of the recognised body in connection with any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in his capacity as such a manager or employee, and
as applying to such a manager or employee and documents and property in his possession or under his control in connection with such a trust as it applies to a solicitor and documents and property in the possession or under the control of the solicitor;
paragraph 11(1) of that Schedule is to be construed as including a power for the Society to apply to the High Court for an order for the appointment of a new trustee to a trust in substitution for a person who is a trustee, in his capacity as a manager or employee of the recognised body; and
paragraph 13A of that Schedule is to be read as if the references to a former partner were references—
in the case of a recognised body which is a partnership, to a former partner in the partnership, and
in any other case to a manager or former manager of the recognised body.
Where a recognised body acts as such for a client, any communication, document, material or information is privileged from disclosure in like manner as if the recognised body had at all material times been a solicitor acting for the client. Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained shall, with any necessary modifications, have effect in relation to a recognised body as it has effect in relation to a solicitor. In ... sections 748(4), 749 and 771(5) and (6) and 788(5) and (6) of the Income Tax Act 2007 and section 832(5) and (6) of the Corporation Tax Act 2010 any reference to a solicitor’s client shall, in relation to a solicitor who is a manager or employee of a recognised body, be construed as a reference to a client of that body. This paragraph does not apply to a recognised body which holds a licence under Part 5 of the Legal Services Act 2007 (alternative business structures).
In the following provisions, namely— any reference to a solicitor shall be construed as including a reference to a recognised body, and any reference to a person’s solicitor shall be construed as including a reference to a recognised body acting for that person.
sections 10(2), 48 and 182 of the Law of Property Act 1925;
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section 12 of the Land Charges Act 1972;
section 13 of the Local Land Charges Act 1975; . . .
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Section 12.
The Council shall be a body corporate.
The Council shall consist of— being persons appointed as members of the Council in accordance with a scheme under paragraph 4. The Council shall in accordance with any such scheme appoint one of its members to be chairman of the Council. In sub-paragraph (1)—
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The Council shall prepare a scheme making provision as to— A scheme under this paragraph shall secure that (except during any casual vacancy) the total number of persons appointed for the purposes of paragraph (b) of paragraph 2(1) exceeds ... the total number of persons appointed for the purposes of paragraph (a) of that provision. A scheme under this paragraph shall not come into force until it has been approved by the Legal Services Board. The Legal Services Board may approve a scheme under this paragraph either as submitted to it or subject to such modifications as it thinks fit; but where the Legal Services Board proposes to approve a scheme subject to modifications it shall notify the modifications to the Council and consider any observations of the Council on them. A scheme under this paragraph may be varied or revoked by any subsequent such scheme.
The Council shall have power to pay to the members of the Council or any of its committees such fees for attendance and such travelling, subsistence or other allowances as the Council may determine.
The Council shall have power to do anything which in its opinion is calculated to facilitate the proper discharge of its functions, including the borrowing of money.
The Council shall have power to appoint such officers and servants as it may determine. The Council shall pay to its officers and servants such remuneration as it may determine. The Council shall, as regards any officers or servants in whose case it may determine to do so, pay to or in respect of them such pensions, allowances or gratuities, or provide and maintain for them such schemes (whether contributory or not) for the payment to or in respect of them of such pensions, allowances or gratuities, as it may determine.
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The powers of the Council and of any of its committees may be exercised notwithstanding any vacancy, and no proceedings of the Council or of any of its committees shall be invalidated by any defect in the appointment of a member. The Council may make standing orders for regulating the proceedings (including quorum) of the Council and of any of its committees other than the Discipline and Appeals Committee established under section 25.
The expenses incurred by the Council in the discharge of its functions shall be defrayed out of sums received by it in respect of fees and out of any sums received by it by virtue of sub-paragraph (2). The Lord Chancellor may make grants to the Council towards meeting the expenses incurred, or to be incurred, by it in the discharge of its functions. Any sums required by the Lord Chancellor for making grants under sub-paragraph (2) shall be paid out of money provided by Parliament.
The Council shall keep proper accounts of all sums received or paid by it and proper records in relation to those accounts. The Council shall appoint auditors to the Council, each of whom shall be eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006. The Council shall cause their accounts to be audited annually by the auditors to the Council; and, as soon as is practicable after the accounts for any period have been audited, the Council shall cause them to be published and shall send a copy of them to the Lord Chancellor together with a copy of any report of the auditors thereon.
Section 30.
The Council shall make rules about the procedure and practice to be followed in relation to proceedings before the Discipline and Appeals Committee under this Part. As respects proceedings before the Committee under section 26, rules under this paragraph shall in particular make provision— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this paragraph and paragraph 2“party”, in relation to any proceedings, means—
For the purposes of any proceedings before the Discipline and Appeals Committee under section 26— but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action. Section 36 of the Senior Courts Act 1981(subpoena issued by High Court to run through United Kingdom) shall apply in relation to any such proceedings before the Committee as it applies in relation to causes or matters in the High Court. Paragraph 1(5) applies for the purposes of this paragraph.
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Every order of the Discipline and Appeals Committee under this Part shall be filed with the Council, together with a statement of the Committee’s findings signed by the chairman or by some other member of the Committee authorised by him for the purpose. Any file kept by the Council under this paragraph may be inspected during office hours without payment. An order which has been filed shall be treated, for the purpose of enforcement, as if it had been made by the High Court.
Section 31.
Subject to sub-paragraph (2), the powers conferred by Part II of this Schedule shall be exercisable where— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the purposes of the following provisions of this Schedule any person in relation to whom the powers conferred by Part II are exercisable by virtue of sub-paragraph (1)(h) shall be deemed to be a licensed conveyancer.
On the death of a licensed conveyancer who immediately before his death was practising as a sole practitioner paragraphs 6 to 8 shall apply to the client accounts of his practice.
The powers conferred by Part II of this Schedule shall also be exercisable, subject to paragraphs 5(4) and 10(9), where—
the Council is satisfied that there has been undue delay on the part of a licensed conveyancer in connection with any matter in which he or his firm is or was acting on behalf of a client or in connection with any trust; and
the Council by notice in writing invites the conveyancer to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days; and
the conveyancer fails within that period to give an explanation which the Council regards as satisfactory; and
the Council gives notice of the failure to the conveyancer and (at the same or any later time) notice that the powers conferred by Part II of this Schedule are accordingly exercisable in his case.
Where the powers conferred by Part II of this Schedule are exercisable in relation to a licensed conveyancer, they shall continue to be exercisable after his death or after his licence has been revoked or suspended or has otherwise ceased to be in force under this Part of this Act. The references to the licensed conveyancer or his firm in paragraphs 5(1), 6(2) and (3) , 6A, 8, 9(1) , (5) and (6) and 10(2) and (7) include, in any case where the licensed conveyancer has died, references to his personal representatives.
The High Court, on the application of the Council, may order that no payment shall be made without the leave of the court by any person (whether or not named in the order) of any money held by him (in whatever manner and whether it was received before or after the making of the order) on behalf of the licensed conveyancer or his firm. No order under this paragraph shall take effect in relation to any person to whom it applies unless the Council has served a copy of the order on him (whether or not he is named in it) and, in the case of a bank or other financial institution, has indicated at which of its branches the Council believes that the money to which the order relates is held. A person shall not be treated as having disobeyed an order under this paragraph by making a payment of money if he satisfies the court that he exercised due diligence to ascertain whether it was money to which the order related but nevertheless failed to ascertain that the order related to it. This paragraph does not apply where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 3.
Without prejudice to paragraph 5, if the Council passes a resolution to the effect that any sums of money to which this paragraph applies, and the right to recover or receive them, shall vest in the Council, all such sums shall vest accordingly (whether they were received by the person holding them before or after the Council’s resolution) and shall be held by the Council on trust to exercise in relation to them the powers conferred by this Part of this Schedule and subject thereto and to rules under paragraph 6B upon trust for the persons beneficially entitled to them. This paragraph applies— The Council shall serve on the licensed conveyancer or his firm and on any other person having possession of sums of money to which this paragraph applies a certified copy of the Council’s resolution and a notice prohibiting the payment out of any such sums of money. Within eight days of the service of a notice under sub-paragraph (3), the person on whom it was served, on giving not less than 48 hours’ notice in writing to the Council and (if the notice gives the name of the solicitor instructed by the Council) to that solicitor, may apply to the High court for an order directing the Council to withdraw the notice. If the court makes such an order, it shall have power also to make such other order with respect to the matter as it may think fit. If any person on whom a notice has been served under sub-paragraph (3) pays out sums of money at a time when such payment is prohibited by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
If the Council takes possession of any sum of money to which paragraph 6 applies, the Council shall pay it into a special account in the name of the Council or of a person nominated on behalf of the Council; and any such person shall hold that sum on trust to permit the Council to exercise in relation to it the powers conferred by this Part of this Schedule and subject thereto and to rules under paragraph 6B, on trust for the persons beneficially entitled to it. A bank or other financial institution at which a special account is kept shall be under no obligation to ascertain whether it is being dealt with properly.
Without prejudice to paragraph 5, if the Council passes a resolution to the effect that any rights to which this paragraph applies shall vest in the Council, those rights shall vest accordingly. This paragraph applies to any right to recover or receive debts due to the licensed conveyancer or his firm in connection with his practice or former practice. Any sums recovered by the Council by virtue of the exercise of rights vested under sub-paragraph (1) shall vest in the Council and shall be held by it on trust to exercise in relation to them the powers conferred by this Part of this Schedule and, subject to those powers and to rules under paragraph 6B, upon trust for the persons beneficially entitled to them. The Council shall serve on the licensed conveyancer or his firm, and any person who owes a debt to which the order applies a certified copy of the Council's resolution.
Without prejudice to paragraphs 5 to 7, if the High Court is satisfied, on an application by the Council, that there is reason to suspect that any person the court may require that person to give the Council information as to any such money and the accounts in which it is held.
holds money on behalf of the licensed conveyancer or his firm, or
has information which is relevant to identifying any money held by or on behalf of the licensed conveyancer or his firm,
The Council may make rules governing its treatment of sums vested in it under paragraph 6 or 6A(3). The rules may, in particular, make provision in respect of cases where the Council, having taken such steps to do so as are reasonable in all the circumstances of the case, is unable to trace the person or persons beneficially entitled to any sum vested in the Council under paragraph 6 or 6A(3) (including provision which requires amounts to be paid into or out of a fund maintained under section 21).
The Council may give notice to the licensed conveyancer or his firm requiring the production or delivery to any person appointed by the Council at a time and place to be fixed by the Council— The person appointed by the Council may take possession of any such documents on behalf of the Council. Except in a case where an application has been made to the High Court under sub-paragraph (4), if any person having possession or control of any such documents refuses, neglects or otherwise fails to comply with a requirement under sub-paragraph (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale. The High Court, on the application of the Council, may order a person required to produce or deliver documents under sub-paragraph (1) to produce or deliver them to any person appointed by the Council at such time and place as may be specified in the order, and authorise him to take possession of them on behalf of the Council. If on an application by the Council the High Court is satisfied that there is reason to suspect that documents in relation to which the powers conferred by sub-paragraph (1) are exercisable have come into the possession or are under the control of some person other than the licensed conveyancer or his firm, the court may order that person to produce or deliver the documents to any person appointed by the Council at such time and place as may be specified in the order and authorise him to take possession of them on behalf of the Council. In the case of a document which consists of information which is stored in electronic form, the requirement imposed by a notice under sub-paragraph (1) or an order under sub-paragraph (4) or (5), is a requirement to produce or deliver the information in a form in which it is legible or from which it can readily be produced in a legible form. On making an order under this paragraph, or at any later time, the court, on the application of the Council, may authorise a person appointed by the Council to enter any premises (using such force as is reasonably necessary) to search for and take possession of and to use property obtained under paragraph (b) for that purpose. The Council, on taking possession of any documents or other property under this paragraph, shall serve upon the licensed conveyancer or personal representatives and upon any other person from whom they were received on the Council’s behalf or from whose premises they were taken a notice that possession has been taken on the date specified in the notice. Subject to sub-paragraph (9) a person upon whom a notice under sub-paragraph (7) is served, on giving not less than 48 hours’ notice to the Council and (if the notice gives the name of the solicitor instructed by the Council) to that solicitor, may apply to the High Court for an order directing the Council to deliver the documents or other property to such person as the applicant may require. A notice under sub-paragraph (8) must be given within eight days of the service of the Council’s notice under sub-paragraph (7). Without prejudice to the foregoing provisions of this Schedule, the Council may apply to the High Court for an order as to the disposal or destruction of any documents or other property in its possession by virtue of this paragraph or paragraph 10. On an application under sub-paragraph (8) or (10), the court may make such order as it thinks fit. Except so far as its right to do so may be restricted by an order on an application under sub-paragraph (8) or (10), the Council may take copies of or extracts from any documents in its possession by virtue of this paragraph or paragraph 10 and require any person to whom it is proposed that such documents shall be delivered, as a condition precedent to delivery, to give a reasonable undertaking to supply copies or extracts to the Council.
The High Court, on the application of the Council, may from time to time make a communications redirection order. A communications redirection order is an order that specified communications to the licensed conveyancer or his firm are to be directed, in accordance with the order, to the Council, or any person appointed by the Council. For the purposes of this paragraph— A communications redirection order has effect for such time not exceeding 18 months as is specified in the order. Where a communications redirection order has effect, the Council or the person appointed by the Council may take possession or receipt of the communications redirected in accordance with the order. Where a communications redirection order is made the Council must pay to— the like charges (if any) as would have been payable for the redirection of the communications to which the order relates if the addressee had permanently ceased to occupy or use the premises or other destination of the communications and had applied to the postal operator or the specified person (as the case may be) to redirect the communications to him as mentioned in the order. The High Court may, on the application of the Council, authorise the Council, or a person appointed by it, to take such steps as may be specified in the order in relation to any website purporting to be or have been maintained by or on behalf of the licensed conveyancer or his firm if the High Court is satisfied that the taking of those steps is necessary to protect the public interest or the interests of clients (or potential or former clients) of the licensed conveyancer or his firm. In this paragraph “postal operator” and “postal packet” have the meaning given by section 27 of the Postal Services Act 2011 . This paragraph does not apply where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 3.
The powers in relation to sums of money , documents and other property conferred by this Part of this Schedule shall be exercisable notwithstanding any lien on them or right to their possession.
Subject to any order for the payment of costs that may be made on an application to the court under this Schedule, any costs incurred by the Council for the purposes of this Schedule, including, without prejudice to the generality of this paragraph, the costs of any person exercising powers under this Part of this Schedule on behalf of the Council, shall be paid by the licensed conveyancer or his personal representatives and shall be recoverable from him or them as a debt owing to the Council.
The High Court, on the application of the Council, may order a former partner of the licensed conveyancer to pay a specified proportion of the costs mentioned in paragraph 12. The High Court may make an order under this paragraph only if it is satisfied that the conduct (or any part of the conduct) by reason of which the powers conferred by this Part were exercisable in relation to the licensed conveyancer was conduct carried on with the consent or connivance of, or was attributable to any neglect on the part of, the former partner. In this paragraph “specified” means specified in the order made by the High Court.
If the licensed conveyancer or his personal representative is a trustee of a trust, the Council may apply to the High Court for an order for the appointment of a new trustee in substitution for him. The Trustee Act 1925 has effect in relation to an appointment of a new trustee under this paragraph as it has effect in relation to an appointment under section 41 of that Act.
Section 32.
Subject to sub-paragraph (2), references in this Schedule to a recognised body are references to a body . . . for the time being recognised under section 32. In relation to any such allegation . . . as is mentioned in paragraph 3(1)(a)(ii) . . . of this Schedule references in this Schedule to a recognised body include references to a body . . . that was recognised under section 32 at the time when the conduct to which the allegation . . . relates took place.
In addition to the functions conferred on them by sections 24 and 25 the Investigating Committee and the Discipline and Appeals Committee shall have the functions conferred on them by the following provisions of this Schedule.
In addition to the functions conferred on them by sections 24 , 24A and 25 the Investigating Committee and the Discipline and Appeals Committee shall have the functions conferred on them by the following provisions of this Schedule.
The Investigating Committee shall carry out a preliminary investigation of any case in which— . . . After making such an investigation, the Investigating Committee may— The Council shall make rules as to the cases in which the Investigating Committee may hear and determine an allegation, and the cases in which they must refer an allegation to the Discipline and Appeals Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Those orders are— Where on the hearing of any allegation within paragraph 3(1)(aa) or (aaa) the Discipline and Appeals Committee are satisfied that a manager or employee has failed to comply with any such rules as are mentioned in paragraph 3(1)(aa) or (aaa) (as the case may be) , the Committee may, if they think fit, make one or more of the orders referred to in sub-paragraph (2B). Those orders are— For the purposes of sub-paragraph (2B)(c) an “appropriate regulator” in relation to a manager or employee means— In relation to proceedings under this paragraph, the Committee may make such order as they consider fit as to the payment of costs by— In sub-paragraph (2D), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where, on hearing an allegation by virtue of paragraph 3(1A)(a), the Investigating Committee are satisfied— the Committee may make an order directing the payment by the recognised body, manager or employee of a penalty to be forfeited to Her Majesty. In relation to proceedings before the Investigating Committee by virtue of paragraph 3(1A)(a), the Committee may make such order as they consider fit as to the payment of costs by— In sub-paragraph (2), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3. The amount of any penalty required to be paid under sub-paragraph (1) may not exceed such amount as is prescribed by rules made by the Council for the purposes of this sub-paragraph. Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to— A person against whom an order is made by the Investigating Committee by virtue of sub-paragraph (1) may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit. If an order is made by the Investigating Committee by virtue of sub-paragraph (2), a person listed in paragraphs (a) to (c) of that sub-paragraph may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit. Where an order is made by the Discipline and Appeals Committee under sub-paragraph (6) or (7)— may appeal against the order to the First-tier Tribunal . On an appeal under sub-paragraph (8) the First-tier Tribunal may make such order as it thinks fit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— the Discipline and Appeals Committee may, if they think fit, by order revoke the recognition of that body under section 32. The Committee shall not take a case into consideration during any period within which proceedings by way of appeal may be brought which may result in sub-paragraph (1) being rendered inapplicable in that case, or while any such proceedings are pending. The reference to a manager of a recognised body in paragraph (a) or (b) of sub-paragraph (1) includes a reference to a person who was a manager of the body at the time of the conduct leading to the making of the order referred to in that paragraph. In relation to proceedings for the revocation of a recognition under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
Where the Committee make an order by virtue of paragraph 4(1) or (2A) or 5(1)— may appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit. Where an order is made by the Committee under paragraph 4(2D) or 5(4) a person listed in that paragraph may appeal to the First-tier Tribunal , and on any such appeal the First-tier Tribunal may make such order as it thinks fit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the Discipline and Appeals Committee are satisfied that the recognition of a body . . . under section 32 was granted as a result of any error, or as a result of fraud on the part of that body, the Committee may, if they think fit, by order revoke that body’s recognition. A body . . . may be granted recognition under that section notwithstanding that any recognition previously granted to it has been revoked under this paragraph; but if any such recognition was so revoked on the ground of fraud that body shall not be granted recognition under that section except on an application made in that behalf to the Committee. In relation to proceedings for the revocation of a recognition under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— In relation to proceedings on an application under sub-paragraph (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
Where, in the case of any body . . . , the Council— that body may appeal to the Discipline and Appeals Committee against that refusal or decision within one month of being notified of it. On an appeal under sub-paragraph (1)(a) or (b) the Discipline and Appeals Committee may— and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit. On an appeal under sub-paragraph (1)(c), the Discipline and Appeals Committee may— and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit. On an appeal under sub-paragraph (1)(d), the Discipline and Appeals Committee may— and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit. Rules made by the Council may make provision, as respects any application for recognition that is neither granted nor refused by the Council within such period as may be specified in the rules, for enabling an appeal to be brought under this paragraph in relation to the application as if it had been refused by the Council.
Paragraphs 1(2) and 2 of Schedule 4 shall have effect in relation to proceedings under paragraph 3A, 4 or 5 of this Schedule as they have effect in relation to proceedings under section 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The powers conferred by Part II of Schedule 5 shall also be exercisable as mentioned in paragraph 10(1) of this Schedule where—
the Council is satisfied that there has been undue delay on the part of—
a recognised body in connection with any matter in which it is or was acting on behalf of a client or with any trust of which it is or was a trustee, or
a person who is or was a manager or employee of a recognised body in connection with any trust of which he is or was a trustee in his capacity as such a manager or employee; and
the Council by notice in writing invites the body to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days; and
the body fails within that period to give an explanation which the Council regards as satisfactory; and
the Council gives notice of the failure to the body and (at the same or any later time) notice that the powers conferred by Part II of Schedule 5 are accordingly exercisable in its case by virtue of this paragraph.
Where the recognition of a body . . . under section 32— the powers conferred by Part II of Schedule 5 shall be exercisable in relation to the body . . . and its former business as a recognised body as they are exercisable in relation to a licensed conveyancer and his practice. Where the powers conferred by Part II of Schedule 5 are exercisable in relation to a recognised body in accordance with paragraph 10 or 11 of this Schedule they shall continue to be exercisable after that body’s recognition under section 32 has been revoked or has otherwise ceased to be in force.
In connection with the application of Part II of Schedule 5 for the purposes of this Schedule, in that Part of that Schedule—
any reference to the licensed conveyancer or to his practice shall be construed as including a reference to the body . . . in relation to which the powers conferred by that Part of that Schedule are exercisable by virtue of paragraph 10, 11 or 12(1) of this Schedule or to its business (or former business) as a recognised body;
any reference to paragraph 1 of that Schedule shall be construed as including a reference to paragraph 10 or 12(1) of this Schedule; . . .
any reference to paragraph 3 of that Schedule shall be construed as including a reference to paragraph 11 of this Schedule.
paragraph 6(2)(a) of that Schedule is to be construed as including a reference to sums of money held by or on behalf of the recognised body in connection with any trust of which a person who is or was manager or employee of that body is or was a trustee in his capacity as such a manager or employee;
paragraph 9 of that Schedule is to be construed—
as if sub-paragraph (1) included a reference to documents in the possession or under the control of the recognised body in connection with any trust of which a person who is or was a manager or employee of that body is or was a trustee in his capacity as such a manager or employee, and
as applying to a person who is or was a manager or employee of the recognised body and documents and property in his possession or under his control in connection with such a trust as it applies to a recognised body and documents and property in the possession or under the control of that body;
paragraph 10A(1) of that Schedule is to be construed as including power for the Council to apply to the High Court for an order for the appointment of a new trustee to a trust in substitution for a person who is a trustee in his capacity as a manager or employee of the recognised body; and
paragraph 12A of that Schedule is to be read as if the references to a former partner were references—
in the case of a recognised body which is a partnership, to a former partner in the partnership, and
in any other case to a manager or former manager of the recognised body.
Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation as is mentioned in paragraph 3(1)(a)(ii), (aa) , (aaa) or (ab), the Committee may give an information notice to a relevant person. An information notice is a notice requiring the production or delivery to any person appointed by the Committee, at a time and a place to be fixed by the Committee, of all documents in the possession or under the control of the relevant person in connection with the matters to which the allegation relates (whether or not they relate also to other matters). In this section “relevant person” means— Sub-paragraphs (2) to (12) of paragraph 9 of Schedule 5, together with paragraphs 11 to 12A of that Schedule, shall apply in relation to the powers conferred on the Investigating Committee by sub-paragraphs (1) and (1A) of this paragraph as they apply in relation to the powers conferred on the Council by sub-paragraph (1) of paragraph 9, and accordingly in those provisions—
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Where rules made under section 22(2) and containing any such provision as is referred to in section 23(1) are applied to recognised bodies or managers or employees of such bodies, in accordance with section 32(3), then, except as provided by the rules and subject to sub-paragraph (2), a recognised body , manager or employee which in pursuance of the rules maintains an account in which it or he keeps money received or held for or on account of clients of the recognised body generally shall not be liable to account to any person for interest received by it or him on money in that account. Nothing in any such rules or in sub-paragraph (1) shall affect any arrangement in writing between a recognised body , or any manager or employee of such a body, and any of the clients of the recognised body as to the application of the client’s money or the payment of interest on it.
Where rules made under section 22(3)(a) are applied to recognised bodies in accordance with section 32(3), an accountant shall, subject to sub-paragraph (2), be qualified to give any report required to be delivered under the rules if he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.
An accountant shall not be qualified to give any such report in relation to a recognised body if he would be prohibited by section 1214 of that Act (independence requirement) from acting as statutory auditor of that body.
Section 67(1).
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in subsection (2), at the end add " , and has effect subject to any order under section 47(2) or (2B) of the Solicitors Act 1974 or section 42(1) of the Administration of Justice Act 1985 for the time being excluding a solicitor or counsel from selection under that subsection." ; and
for subsection (6) substitute—.
In section 22(1) (secrecy), at the end of paragraph (b) add ; or
In section 38(1) (solicitors and counsel), for the words from " by virtue of " onwards substitute " from being so assigned by an order under section 42(1) of the Administration of Justice Act 1985 or section 47(2) or (2B) of the Solicitors Act 1974. "
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In section 48(2) (orders of Tribunal), for “section 47(2)” substitute “subsection (2) of section 47, or was made under subsection (2B) of that section . . .,”.
In section 49(3) (appeals from Tribunal), at the end add “, and an appeal against an order under section 47 excluding any person or persons from legal aid work (within the meaning of that section) shall lie only at the instance of any person so excluded.”
In section 33 (effect of order of judge in probate proceedings)—
omit “a judge of”; and
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In section 58(1) (persons who may take affidavits for use in county courts)—
for “any person” substitute “a commissioner for oaths or any other person”; and
omit the words from “or a solicitor” onwards.
Section 67(2).
Chapter Short title Extent of repeal 12 & 13 Vict. c. 16. Justices Protection (Ireland) Act 1849. The whole Act so far as unrepealed.
Chapter Short title Extent of repeal 1978 c. 23. Judicature (Northern Ireland) Act 1978. In section 70(2)(a), the words “and is in practice as such”. 1981 c. 54. Senior Courts Act 1981. In section 40A(4), the word “and”. 1982 c. 53. Administration of Justice Act 1982. Section 71. 1984 c. 28. County Courts Act 1984. In section 58(1), the words from “or a solicitor” onwards. In section 109(4), the word “and”. Section 113(a)(i).
Chapter Short title Extent of repeal 1974 c. 4. Legal Aid Act 1974. Section 12(3) to (5). Section 38(2) to (6). 1974 c. 47. Solicitors Act 1974. In sections 7 and 8(2), the words “not exceeding £15”. Section 43(6). In Schedule 2, in paragraph 2(1)(b) the words “not exceeding £50”. 1981 c. 54. Senior Courts Act 1981. Section 106(2) to (4). 1984 c. 28. county Courts Act 1984. In section 33, the words “a judge of”. In section 138(5), the words “Subject to subsection (6),”.
Section 69(5).
Section 1 applies in relation to services provided by a solicitor whether they were provided before or after the commencement of that section.
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In section 3—
subsection (1) applies in relation to a complaint whether it was made before or after the commencement of that section; and
subsection (2) applies in relation to services provided by a solicitor whether they were provided before or after that commencement.
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subsections (2) and (4) apply to applications for practising certificates made after the commencement of that section; and
subsection (3) applies in relation to practising certificates issued after that commencement.
In section 6—
subsection (3) applies to acts done before or after the commencement of that section; but
subsection (4) does not apply to acts done before that commencement.
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Any provision made by an order under subsection (7) of section 9 after the commencement of that section may be made with retrospective effect as from that commencement or any later date.
The repeal by this Act of the provisions referred to in subsection (3) of section 40 shall not affect—
the hearing and determination by any tribunal established pursuant to any of those provisions of any complaint or other matter where a reference or application was made to the tribunal in respect of the complaint or matter before the commencement of that subsection; or
any appeal against the decision of such a tribunal with respect to any such complaint or matter.
Each of sections 41 to 44 applies in relation to conduct of a barrister or solicitor (as the case may be) whether it occurred before or after the commencement of that section.
Subsection (6) of section 50 applies to an application under section 1 of the Judicial Trustees Act 1896 whether it was made before or after the commencement of section 50.
Any order of the Lord Chancellor made, or having effect as if made, under section 40A of the Senior Courts Act 1981 or section 109 of the County Courts Act 1984 which is in force immediately before the commencement of section 52 of this Act shall have effect as if made under and for the purposes of that section as amended by section 52, and any reference in any such order to the sum which may be deducted by any deposit-taking institution shall be construed as a reference to the maximum sum which may be so deducted. The provisions of section 52 shall not apply in relation to any order of the kind mentioned in subsection (1) of either of the said sections 40A and 109 which was made before the commencement of section 52.
Where immediately before the commencement of section 54 there is in force any entry in the register relating to— nothing in subsection (2) of section 54 shall affect the continuation in force of that entry; but regulations under the said section 73 may make provision as to the cancellation of any such entry. In sub-paragraph (1) “the register” means the register kept under the said section 73.
The provisions inserted by subsections (4) and (5) of section 55 shall not have effect in connection with any recovery of possession of land by a lessor which occurred before the commencement of that section.
Nothing in section 57 shall apply in relation to an action if the cause of action accrued before the commencement of that section.
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Nothing in section 63 shall apply in relation to an action if the sentence or order in respect of which the action is brought was passed or made before the passing of this Act.
Nothing in paragraph 6 or 7 of Schedule 1 shall affect the punishment for an offence committed before the commencement of that paragraph.