Administration of Justice Act 1985

Part II E+W Licensed Conveyancing

Modifications etc. (not altering text)

C1 Pt. 2: power to amend conferred (1.4.1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41), ss. 53(8)(a), 124 (with s. 59(1)); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

C2 Pt. 2: power to amend conferred (1.4.1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41), ss. 53(9), 124 (with s. 59(1)); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

Preliminary U.K.

11 Provision of conveyancing services by licensed conveyancers. U.K.

(1) The provisions of this Part shall have effect for the purpose of regulating the provision of conveyancing services [F1 and other services by persons who hold licences in force under this Part or who are recognised bodies.]

(2) In this Part—

• “licence” means a licence to practise as a licensed conveyancer;

• “licensed conveyancer” means a person who holds a licence in force under 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.

[F2 (3) References in this Part to conveyancing services are references to—

(a) 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

(b) 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).

(3A) For the purposes of subsection (3)—

(a) “disposition”

(i) 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

(ii) subject to that, includes in the case of leases both their grant and their assignment, and

(b) “acquisition” has a corresponding meaning.]

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 11(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 2(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F2 S. 11(3A)(3B) substituted (1.1.2010) for s. 11(3) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 2(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F3 S. 11(4) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 2(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iv)(cc) (with art. 9)

The Council for Licensed Conveyancers E+W

12 Establishment of the Council. E+W

(1) For the purposes of this Part there shall be a body to be known as the Council for Licensed Conveyancers.

(2) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Schedule 3 shall have effect with respect to the Council.

Textual Amendments

F4 S. 12(2) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 3, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iv)(dd) (with art. 9)

Training and licensing of persons seeking to practise as licensed conveyancers E+W

13 Training rules. E+W

(1) 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—

(a) the examinations to be taken by such persons; and

(b) requirements as to practical training and experience.

(2) Rules made by the Council under this section may—

(a) prescribe minimum standards of general education that must have been attained by persons who seek to practise as licensed conveyancers;

(b) 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);

(c) 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;

(d) include provision for the charging of fees by the Council;

(e) make different provision in relation to different classes of persons.

(3) Rules under subsection (1)(b) may provide—

(a) 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;

(b) 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.

(4) Without prejudice to the generality of subsection (2)(e), rules under this section may provide for persons who—

(a) hold such qualifications as may be specified in the rules; or

(b) have acquired such experience in relation to the provision of conveyancing services as may be so specified; or

(c) satisfy such other conditions as may be so specified, to be exempt from any of the requirements of the rules.

(5) The Council may—

(a) appoint, or approve the appointment of, persons as examiners or moderators in connection with examinations held in pursuance of subsection (1)(a); and

(b) remunerate any person appointed by it under paragraph (a) of this subsection.

14 Applications for licences. E+W

(1) 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.

(2) Any such rules—

(a) may prescribe the forms to be used in connection with applications for licences under this Part;

(b) may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules.

15 Issue of licences by Council. E+W

(1) If, on an application for a licence under this Part made in accordance with section 14, the Council is satisfied—

(a) that the applicant has complied with such rules under section 13 (if any) as are applicable in his case; and

(b) 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

(c) 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,

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.

(2) 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.

(3) Where—

(a) an application for a licence has been made in accordance with section 14; and

(b) the Council has within [F5 the period prescribed under subsection (3A)] neither issued a licence in pursuance of the application nor refused the application under subsection (2),

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.

[F6 (3A) The Council must by rules prescribe the period that applies for the purposes of subsection (3)(b).]

(4) Subject to the provisions of this Part, the period for which a licence shall be in force under this Part shall be [F7 such period, beginning with the date of issue of the licence, as may be specified in the licence.]

[F8 (4A) The period specified in a licence under subsection (4) may be a fixed or indefinite period.]

(5) Where—

(a) 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

(b) 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),

his existing licence shall not expire at that time but shall continue in force until a new licence is issued to him in pursuance of the application or, if the application is refused by the Council—

(i) until the end of the period within which an appeal may be brought against the refusal under section 29(1)(a); or

(ii) if such an appeal is brought, until the appeal is determined or abandoned.

(6) 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.

(7) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in s. 15(3)(b) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 2(2); S.I. 2015/1402, art. 2(c) (with art. 3(1))

F6 S. 15(3A) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 2(3); S.I. 2015/1402, art. 2(c) (with art. 3(1))

F7 Words in s. 15(4) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 4(3) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F8 S. 15(4A) inserted (13.7.2011) by The Legal Services Act 2007 (The Law Society and The Council for Licensed Conveyancers) (Modification of Functions) Order 2011 (S.I. 2011/1716), arts. 2(1), 7

F9 S. 15(7)(8) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 4(4), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

Modifications etc. (not altering text)

C3 S. 15(3)-(6) applied (with modifications) (1.4.1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41), ss. 53, 124, Sch. 8 para. 4(3) (with s. 59(1)); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

16 Conditional licences. E+W

(1) Subject to subsection (4), this section has effect in any case where a person applies for a licence under this Part—

(a) for the first time;

[F10 (b) when conditions under this section have been imposed on a licence under this Part previously issued to him;

(ba) 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;]

(c) 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 [F11 or a licence in force under section 53 of the Courts and Legal Services Act 1990] ;

[F12 (ca) after the Investigating Committee established under section 24 has made any order in his case under section 24A [F13 (including that section as applied by section 53 of the Courts and Legal Services Act 1990)] ;]

(d) after the Discipline and Appeals Committee established under section 25 have made any order in his case under section 26 [F14 (including that section as applied by section 53 of the Courts and Legal Services Act 1990)] ;

(e) 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;

F15 [F16 (ea) when, having been required by rules made under section 22 [F17 (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;

F15 (eb) after having been disqualified under section 99 of the Legal Services Act 2007 (disqualification from being manager or employee of a licensed body etc);

F15 (ec) 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;]

(f) while he is an undischarged bankrupt . . . F18 ;

[F19 (fa) while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);]

(g) after having been adjudged bankrupt [F20 and discharged] or after having entered into a composition with his creditors F21 ...;

[F22 (ga) 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;]

(h) while he is a person as to whom powers have been exercised under section 98 of the M1 Mental Health Act 1983 (judge’s powers in cases of emergency);

[F23 (i) after having been committed to prison in civil proceedings;

(ia) after having been convicted of an offence involving dishonesty or deception or [F24 an indictable offence]; or]

(j) after having had given against him any judgment which involves the payment of money, not being a judgment—

(i) limited to the payment of costs; or

(ii) as to whose whole effect upon him he is entitled to indemnity or relief from some other person; or

(iii) evidence of whose satisfaction has been produced to the Council.

(2) 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.

(3) Without prejudice to the generality of subsection (2), conditions may be imposed under that subsection—

(a) for restricting the kinds of conveyancing services that may be provided by the applicant as a licensed conveyancer; or

(b) 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;

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.

F25 (4) 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 [F26 (ca),](d), (e), [F27 (ea), (eb), (ec),](f), [F28 (fa)], (g), [F29 (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.

(5) 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—

(a) pending the hearing and determination of any appeal brought by the applicant under section 29(1)(b);

[F30 (aa) 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;

(ab) 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]

(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.

[F31 (6) In this section—

• “licensed body”, “licensing authority” and “licensing rules” have the same meaning as in the Legal Services Act 2007 (see sections 71, 73 and 83 of that Act);

• “restricted interest”, in relation to a body, has the same meaning as in Schedule 13 to that Act (ownership of licensed bodies).]

Textual Amendments

F10 S. 16(1)(b)(ba) substituted for s. 16(1)(b) (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 2(2); S.I. 2015/1402, art. 2(b)

F11 Words in s. 16(1)(c) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 2(3); S.I. 2015/1402, art. 2(b)

F12 S. 16(1)(ca) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 5(2)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F13 Words in s. 16(1)(ca) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 2(4); S.I. 2015/1402, art. 2(b)

F14 Words in s. 16(1)(d) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 2(5); S.I. 2015/1402, art. 2(b)

F15 S. 16(1)(ea)-(ec) inserted (31.3.2009 for specified purposes, 1.10.2011 in so far as not already in force) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 17 para. 5(2)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i); S.I. 2011/2196, art. 2(1)(g)

F16 S. 16(1)(ea)-(ec) inserted (31.3.2009 for specified purposes, 1.10.2011 in so far as not already in force) by Legal Services Act 2007 (c. 29), s. 182, s. 211(2), Sch. 17 para. 5(2)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i); S.I. 2011/2196, art. 2(1)(g)

F17 Words in s. 16(1)(ea) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 2(6); S.I. 2015/1402, art. 2(b)

F18 Words repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III (with saving in Insolvency Act 1986 (c. 45, SIF 66), s. 437, Sch. 11 para. 10)

F19 S. 16(1)(fa) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 20(2)(a)(i) (with art. 5)

F20 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 40 (with saving in Insolvency Act 1986 (c. 45, SIF 66), s. 437, Sch. 11 para. 10)

F21 Words in s. 16(1)(g) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(9)(a) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)

F22 S. 16(1)(ga) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 20(2)(a)(ii) (with art. 5)

F23 S. 16(1)(i)(ia) substituted (1. 4. 1991 for certain purposes, otherwise 7.12.2004) for s. 16(1)(i) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 53, Sch. 8 para.24 (with s. 59(1)); S.I.1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

F24 Words in s. 16(1)(ia) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 44; S.I. 2005/3495, art. 2(m)

F25 Words in s. 16(4) inserted (31.3.2009 for specified purposes, 1.10.2011 in so far as not already in force) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 17 para. 5(3)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i); S.I. 2011/2196, art. 2(1)(g)

F26 Words in s. 16(4) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 5(3)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F27 Words in s. 16(4) inserted (31.3.2009 for specified purposes, 1.10.2011 in so far as not already in force) by Legal Services Act 2007 (c. 29), s. 182, s. 211(2), Sch. 17 para. 5(3)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i); S.I. 2011/2196, art. 2(1)(g)

F28 Word in s. 16(4) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 20(2)(b)(i) (with art. 5)

F29 Word in s. 16(4) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 20(2)(b)(ii) (with art. 5)

F30 S. 16(5)(aa)(ab) substituted (1.10.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 17 para. 5(4) (with ss. 29, 192, 193); S.I. 2011/2196, art. 2(1)(g)

F31 S. 16(6) inserted (1.10.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 17 para. 5(5) (with ss. 29, 192, 193); S.I. 2011/2196, art. 2(1)(g)

Modifications etc. (not altering text)

C4 S. 16(4)(5) extended (with modifications) (1.4.1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41), ss. 53, 124, Sch. 8 para. 5(7) (with s. 59(1)); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

Marginal Citations

M1 1983 c. 20.

[F32 16A Additional fee payable by certain persons when applying for licences E+W

(1) 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).

(2) 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.]

Textual Amendments

F32 S. 16A inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 6 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

17 Imposition of conditions during currency of licence. E+W

(1) 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.

(2) 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—

F33 (a) 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 [F34 (ca),](d), (e), [F35 (ea), (eb), (ec),](i) or (j) of subsection (1) of that section; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(c) he has entered into a composition with his creditors F37 ....

(3) 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.

(4) 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—

(a) pending the hearing and determination of any appeal brought by the licensed conveyancer under section 29(1)(c);

[F38 (aa) 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;

(ab) 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]

(b) 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.

(5) 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.

[F39 (6) 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).]

Textual Amendments

F33 Words in s. 17(2)(a) inserted (31.3.2009 for specified purposes, 1.10.2011 in so far as not already in force) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 17 para. 7(2)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i); S.I. 2011/2196, art. 2(1)(g)

F34 Words in s. 17(2)(a) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 7(2)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F35 Words in s. 17(2)(a) inserted (31.3.2009 for specified purposes, 1.10.2011 in so far as not already in force) by Legal Services Act 2007 (c. 29), s. 182, s. 211(2), Sch. 17 para. 7(2)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i); S.I. 2011/2196, art. 2(1)(g)

F36 S. 17(2)(b) repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III (with saving in Insolvency Act 1986 (c. 45, SIF 66), s. 437, Sch. 11 para. 10)

F37 Words in s. 17(2)(c) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(9)(b) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)

F38 S. 17(4)(aa)(ab) substituted (1.10.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 17 para. 7(3) (with ss. 29, 192, 193); S.I. 2011/2196, art. 2(1)(g)

F39 S. 17(6) inserted (1.10.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 17 para. 7(4) (with ss. 29, 192, 193); S.I. 2011/2196, art. 2(1)(g)

[F40 17A Variation of conditions E+W

(1) This section applies where a licensed conveyancer's licence has effect subject to conditions.

(2) On an application made by the licensed conveyancer, the Council may in prescribed circumstances direct—

(a) the removal of a condition;

(b) the variation of a condition in the manner described in the application.

(3) “Prescribed” means prescribed by rules made by the Council.

(4) 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.]

Textual Amendments

F40 S. 17A inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 8 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

18 Suspension or termination of licences. E+W

(1) Where an adjudication in bankruptcy is made against a licensed conveyancer [F41 or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer] , any such adjudication [F42 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.

(2) 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.

[F43 (2ZA) The suspension of a licence by virtue of subsection (1) shall terminate—

(a) 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 5A.16 of the Insolvency Rules 1986 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

(b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order]

[F44 (2A) 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.

(2B) 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.

(2C) 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.

[F45 (2CA) 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.

(2CB) 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) a manager of the recognised body, or

(b) an employee of the recognised body.

(2CC) 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) a manager of the licensed body, or

(b) an employee of the licensed body.

(2CD) 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.

(2CE) The Council may give a direction under subsection (2CD) in relation to a licensed conveyancer only if—

(a) 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,

(b) the Council does not suspect the licensed conveyancer of dishonesty, in a case where the Council acts by virtue of—

(i) paragraph 10(1)(d) of Schedule 6, or

(ii) paragraph 1(2)(d) of Schedule 14 to the Legal Services Act 2007,

(c) 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,

(d) 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

(e) 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.

(2CF) 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.]

(2D) Subject to subsection (2E), where a licence is suspended by virtue of subsection (2A) [F46 , (2CA), (2CB) or (2CC)] the suspension of the licence shall continue until the licence expires.

(2E) The licensed conveyancer may, at any time before the licence expires, apply to the Council to terminate the suspension.

(2F) On an application under subsection (2E), the Council may in its discretion—

(a) by order terminate the suspension either unconditionally or subject to such conditions as the Council may think fit, or

(b) refuse the application.

(2G) 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 [F47 First-tier Tribunal] which may—

(a) affirm the decision, or

(b) terminate the suspension either unconditionally or subject to such conditions as it may think fit.

F48 (2H)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A licence held by a person under this Part shall terminate if [F49 he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to practise as a licensed conveyancer.]

(4) 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.

Textual Amendments

F41 Words in s. 18(1) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 20(3)(a)(i) (with art. 5)

F42 Words in s. 18(1) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 20(3)(a)(ii) (with art. 5)

F43 S. 18(2ZA) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 20(3)(b) (with art. 5)

F44 S. 18A(2A)-(2H) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 9 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F45 S. 18(2CA)-(2CF) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 3(2); S.I. 2015/1402, art. 2(c) (with art. 3(2))

F46 Words in s. 18(2D) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 3(3); S.I. 2015/1402, art. 2(c) (with art. 3(2))

F47 Words in s. 18(2G) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 3(4); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F48 S. 18(2H) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 3(5); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F49 Words in s. 18(3) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 30 (with ss. 27, 28, 29 and 62); S.I. 2007/1897, art. 2(1)(c)(d)

19 Register of licensed conveyancers. E+W

(1) 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.

[F50 (1A) 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.]

(2) The Council shall F51 ... 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.

(3) 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.

(4) 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.

(5) A certificate signed by an officer of the Council appointed for the purpose and stating—

(a) that any person does or does not, or did or did not at any time, hold a licence in force under this Part; or

(b) that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions,

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.

Textual Amendments

F50 S. 19(1A) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 4(2); S.I. 2015/1402, art. 2(c)

F51 Word in s. 19(2) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 4(3); S.I. 2015/1402, art. 2(c)

Code of conduct E+W

20 Rules as to professional practice, conduct and discipline. E+W

(1) The Council shall F52 . . . make rules for regulating the professional practice, conduct and discipline of licensed conveyancers.

F53 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Words in s. 20(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 10, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iv)(ee) (with art. 9)

F53 S. 20(2) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 5; S.I. 2015/1402, art. 2(c)

Financial requirements E+W

21 Professional indemnity and compensation. E+W

(1) 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.

(2) 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—

(a) 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

(b) 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.

[F54 (2A) 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.

(2B) 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).

(2C) For the purposes of subsection (2B) “relevant activity” has the same meaning as in section 53 of the Courts and Legal Services Act 1990.]

(3) For the purpose of providing such indemnity and of enabling such grants or other payments to be made, rules under this section—

(a) may authorise or require the Council to establish and maintain a fund or funds;

(b) may authorise or require the Council to take out and maintain insurance with authorised insurers;

(c) may require licensed conveyancers or licensed conveyancers of any specified description to take out and maintain insurance with authorised insurers.

(4) Without prejudice to the generality of the preceding subsections, rules under this section—

(a) 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;

(b) 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;

(c) 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);

(d) may prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (3)(c);

(e) 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;

(f) 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;

(g) 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;

(h) may specify circumstances in which licensed conveyancers are exempt from any of the requirements of the rules;

(i) 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

(j) may contain incidental, procedural or supplementary provisions.

[F55 (5)  

“Authorised insurer” means—

(a) a person who has permission under [F56 Part 4A] of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance of a relevant class;

(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance of a relevant class; or

(c) a person who does not fall within sub-paragraph (i) or (ii) and who may lawfully effect or carry out contracts of insurance of a relevant class in a member State other than the United Kingdom.

(6) A contract of insurance is of a relevant class for the purposes of subsection (5) if it insures against a risk arising from—

(a) accident;

(b) credit;

(c) legal expenses;

(d) general liability to third parties;

(e) sickness;

(f) suretyship; or

(g) miscellaneous financial loss.

(7) Subsections (5) and (6) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

Textual Amendments

F54 S. 21(2A)-(2C) substituted for s. 21(2A)(2B) (13.7.2011) by The Legal Services Act 2007 (The Law Society and The Council for Licensed Conveyancers) (Modification of Functions) Order 2011 (S.I. 2011/1716), arts. 2(1), 8

F55 S. 21(5)-(7) substituted (1.12.2001) for s. 21(5) by S.I. 2001/3649, arts. 1, 298

F56 Words in s. 21(5)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 49 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

22 Keeping of accounts and establishment of client accounts. E+W

(1) The Council shall make rules requiring licensed conveyancers to keep such accounts in relation to their practices as may be prescribed by the rules.

(2) The Council shall also make rules requiring licensed conveyancers—

(a) to open and keep at authorised institutions accounts for clients’ money;

(b) to hold and pay out money so received in such manner as may be prescribed by the rules; and

(c) 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;

and rules under this subsection shall specify the institutions which are authorised for the purposes of rules under paragraph (a).

(3) Rules under subsection (1) or (2) of this section may empower the Council—

(a) to require licensed conveyancers to deliver to the Council at such intervals as may be prescribed by the rules reports given by F57 . . . accountants and containing such information as may be so prescribed—

(i) for the purpose of giving a true and fair view of the state of their businesses; or

(ii) for the purpose of enabling the Council to ascertain whether or not the rules have been complied with;

(b) to take such other steps as it considers necessary or expedient for the latter purpose;

and any such rules may specify circumstances in which persons are exempt from any of the requirements of the rules.

[F58 (4) 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.]

Textual Amendments

F57 Words in s. 22(3)(a) repealed (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 11(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(k)(n)(ii)

F58 S. 22(4) substituted (7.3.2008) for s. 22(4)(5) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 11(b), (with ss. 29, 192, 193); S.I. 2008/222, art. 2(k)

23 Interest on clients’ money. E+W

(1) 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.

(2) 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.

(3) 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.

(4) 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.

Disciplinary and other proceedings E+W

24 Preliminary investigation of disciplinary cases. E+W

(1) The Council shall establish a committee, to be known as the Investigating Committee, for the [F59 consideration] of cases in which—

(a) it is alleged that a licensed conveyancer—

(i) 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

(ii) has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject; or

(iii) has failed to comply with any rules made by the Council under this Part; F60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 . . .

[F62 (1A) The Investigating Committee shall make a preliminary investigation of such an allegation and—

(a) hear and determine the allegation, or

(b) refer the allegation to the Discipline and Appeals Committee established under section 25 for hearing and determination by that Committee under section 26.]

(2) F63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any reference in subsection (1) F64 . . . to a licensed conveyancer in relation to any such allegation F65 . . . as is mentioned in paragraph (a)(ii) or (iii) F66 . . . of subsection (1) includes a reference to a person who was a licensed conveyancer at the time when the conduct to which the allegation F65 . . . relates took place.

(4) 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.

[F67 (4A) 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.]

(5) where it appears to the Investigating Committee—

(a) that any such allegation F68 . . . 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

(b) that it is necessary for the protection of consumers to do so,

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 F68 . . . 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.

[F69 (6) 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.

(7) 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—

(a) the Council, or

(b) the licensed conveyancer.

(8) 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.

(9) 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.

(10) Where an order is made by the Discipline and Appeals Committee under subsections (8) or (9)—

(a) the person against whom the order is made, and

(b) if not within paragraph (a), the Council,

may appeal against the order to the [F70 First-tier Tribunal] .

(11) On an appeal under subsection (10) the [F71 First-tier Tribunal] may make such order as it thinks fit.

F72 (12)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Words in s. 24(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 12(2)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F60 S. 24(1)(b) and preceding word repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 12(2)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F61 Words in s. 24(1) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 12(2)(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F62 S. 24(1A) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 12(3) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F63 S. 24(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 12(4), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F64 Words in s. 24(3) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 12(5)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F65 Words in s. 24(3) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 12(5)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F66 Words in s. 24(3) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 12(5)(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F67 S. 24(4A) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 12(6) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F68 Words in s. 24(5) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 12(7), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F69 S. 24(6)-(12) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 12(8) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F70 Words in s. 24(10) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 6(2); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F71 Words in s. 24(11) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 6(3); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F72 S. 24(12) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 6(4); S.I. 2015/1402, art. 2(c) (with art. 3(3))

[F73 24A Determination of allegations by Investigating Committee E+W

(1) Where, on hearing an allegation by virtue of section 24(1A)(a), the Investigating Committee are satisfied that a licensed conveyancer—

(a) has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject, or

(b) has failed to comply with any rules made by the Council under this Part,

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.

(2) 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—

(a) the Council,

(b) the licensed conveyancer against whom the proceedings were brought, or

(c) 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.

(3) 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).

(4) 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.

(5) Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to—

(a) 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

(b) orders of the Investigating Committee, as they have effect in relation to orders of the Discipline and Appeals Committee.

(6) 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.

(7) 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.

(8) Where an order is made by the Discipline and Appeals Committee under subsection (6) or (7)—

(a) a party to the appeal, or

(b) if not within paragraph (a), the Council,

may appeal against the order to the [F74 First-tier Tribunal] .

(9) On an appeal under subsection (8) the [F75 First-tier Tribunal] may make such order as it thinks fit.

F76 (10)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 S. 24A inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 13 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F74 Words in s. 24A(8) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 7(2); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F75 Words in s. 24A(9) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 7(3); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F76 S. 24A(10) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 7(4); S.I. 2015/1402, art. 2(c) (with art. 3(3))

25 The Discipline and Appeals Committee. E+W

(1) The Council shall establish a committee, to be known as the Discipline and Appeals Committee, for the hearing and determination of—

(a) cases referred to them by the Investigating Committee under section 24; and

(b) applications and appeals made or brought under [F77 section 24A, 27, 28 or] 29.

(2) 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.

(3) Rules under this section—

(a) 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;

(b) 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.

Textual Amendments

F77 Words in s. 25(1)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 14 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

26 Proceedings in disciplinary cases. E+W

(1) Where on the hearing of any allegation [F78 referred to them under section 24(1A)(b)] the Discipline and Appeals Committee are satisfied that a licensed conveyancer—

(a) has been convicted as mentioned in section 24(1)(a)(i) of an offence which renders him unfit to practise as a licensed conveyancer;

(b) has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject; or

(c) has failed to comply with any rules made by the Council under this Part,

the Committee may, if they think fit, make one or more of the orders referred to in subsection (2).

(2) Those orders are—

(a) an order revoking any licence [F79 under this Part] held by the licensed conveyancer;

(b) an order directing that the licensed conveyancer shall be disqualified (either permanently or during a specified period) from holding [F80 any relevant licence] ;

(c) an order suspending any licence [F81 under this Part] held by the licensed conveyancer;

(d) an order that any such licence shall have effect subject to such conditions as may be specified in the order;

(e) an order directing the payment by the licensed conveyancer of a penalty not exceeding [F82 such amount as may be prescribed by rules made by the Council for the purposes of this paragraph], to be forfeited to Her Majesty;

[F83 (f) an order reprimanding the licensed conveyancer.]

(g) F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85 (2A) 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—

(a) the Council;

(b) the licensed conveyancer against whom the proceedings were brought;

(c) 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.

(2B) 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).]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(4) 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.

(5) F87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F88 (7) Where the Discipline and Appeals Committee make an order by virtue of subsection (1)—

(a) the person against whom the order is made, or

(b) the Council,

may appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.]

[F89 (7A) 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 [F90 First-tier Tribunal] , and on any such appeal the [F90 First-tier Tribunal] may make such order as it thinks fit.]

F91 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F92 (9) In this section “relevant licence” means—

(a) a licence under this Part, or

(b) a licence under section 53 of the Courts and Legal Services Act 1990.]

Textual Amendments

F78 Words in s. 26(1) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 15(2) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F79 Words in s. 26(2)(a) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 3(2)(a); S.I. 2015/1402, art. 2(b)

F80 Words in s. 26(2)(b) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 3(2)(b); S.I. 2015/1402, art. 2(b)

F81 Words in s. 26(2)(c) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 3(2)(c); S.I. 2015/1402, art. 2(b)

F82 Words in s. 26(2)(e) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 15(3)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F83 S. 26(2)(f) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 15(3)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F84 S. 26(2)(g) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 15(3)(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F85 S. 26(2A)(2B) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 15(4) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F86 S. 26(3) repealed (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(6)(7), Sch. 20 (with Sch. 19 para. 15(1)(b)); S.I. 1991/608, art. 2, Sch.

F87 S. 26(5)(6) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 15(5), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F88 S. 26(7) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 8(2); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F89 S. 26(7A) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 15(6) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F90 Words in s. 26(7A) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 8(3); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F91 S. 26(8) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 8(4); S.I. 2015/1402, art. 2(c) (with art. 3(3))

F92 S. 26(9) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 3(3); S.I. 2015/1402, art. 2(b)

27 Removal of disqualification from holding a licence. E+W

(1) 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.

(2) An application under subsection (1) shall not be made by a person to the Committee—

(a) within ten months of the date of the Committee’s order; or

(b) within ten months of a previous such application by that person.

[F93 (3) 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—

(a) the Council;

(b) the applicant.]

Textual Amendments

F93 S. 27(3) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 16 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

28 Revocation of licence on grounds of fraud or error. E+W

(1) Where the Discipline and Appeals Committee are satisfied that a licence [F94 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 [F95 all of the relevant licences held by that person] .

[F96 (2) 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.]

(3) On any such application the Committee may, if they think fit, direct that the applicant shall be disqualified from holding [F97 any relevant licence] until the expiration of such period as may be specified in the direction.

(4) 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).

[F98 (5) 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—

(a) the Council;

(b) the licensed conveyancer to whose licence the proceedings relate.

(6) 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—

(a) the Council;

(b) the applicant.]

[F99 (7) In this section “relevant licence” has the meaning given by section 26.]

Textual Amendments

F94 Words in s. 28(1) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 4(2)(a); S.I. 2015/1402, art. 2(b)

F95 Words in s. 28(1) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 4(2)(b); S.I. 2015/1402, art. 2(b)

F96 S. 28(2) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 4(3); S.I. 2015/1402, art. 2(b)

F97 Words in s. 28(3) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 4(4); S.I. 2015/1402, art. 2(b)

F98 S. 28(5)(6) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 17 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F99 S. 28(7) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 4(5); S.I. 2015/1402, art. 2(b)

29 Appeals from decisions of Council in relation to licences. E+W

(1) Where, in the case of any person, the Council—

(a) refuses an application for a licence made by that person;

(b) decides to issue that person with a licence subject to conditions under section 16; F100 . . .

(c) decides to give a direction in relation to that person under section 17,[F101 or

(d) refuses an application made by that person under section 17A,]

that person may appeal to the Discipline and Appeals Committee against that refusal or decision within one month of being notified of it.

(2) On an appeal under this section the Discipline and Appeals Committee may—

(a) in the case of an appeal under subsection (1)(a) or (b), by order direct the Council to issue the appellant with—

(i) a licence free from conditions; or

(ii) a licence subject to such conditions as may be specified by the Committee in the direction;

(b) in the case of an appeal under subsection (1)(c), by order—

(i) revoke the direction of the Council under section 17; or

(ii) direct that the appellant’s licence shall have effect subject to such conditions as may be specified by the Committee in the direction;

[F102 (ba) in the case of an appeal under subsection (1)(d), by order direct the Council to grant the application;]

(c) 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;

(d) in the said excepted case, by order direct the Council not to issue a licence to the appellant.

(3) 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.

Textual Amendments

F100 Word in s. 29(1)(b) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 18(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F101 S. 29(1)(d) and preceding word inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 18(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F102 S. 29(2)(ba) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 18(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

30 Supplementary provisions relating to disciplinary and other proceedings. E+W

Schedule 4 (which contains provisions supplementary to sections 26 to 29) shall have effect.

Intervention by Council E+W

31 Intervention in licensed conveyancer’s practice and examination of files. E+W

(1) The powers conferred by Part II of Schedule 5 shall be exercisable in the circumstances specified in Part I of that Schedule.

(2) Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation F103 . . . as is mentioned in paragraph (a)(ii) or (iii) F104 . . . of section 24(1), the Committee may give notice to the licensed conveyancer to whom the allegation F103 . . . 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 F103 . . . relates (whether or not they relate also to other matters).

(3) Sub-paragraphs (2) to (12) of paragraph 9 of Schedule 5, together with paragraphs 11 [F105 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—

(a) any reference to the Council shall be construed as including a reference to the Committee;

(b) 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

(c) 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).

(4) 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 F106 . . . relates took place; and references to the licensed conveyancer in the provisions applied by subsection (3) shall be construed accordingly.

Textual Amendments

F103 Words in s. 31(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 19(2)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F104 Words in s. 31(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 19(2)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F105 Words in s. 31(3) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 19(3) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F106 Words in s. 31(4) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 19(4), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

Recognised bodies E+W

32 Provision of conveyancing [F107 or other] services by recognised bodies. E+W

(1) The Council may make rules—

(a) making provision as to the management and control [F108 of conveyancing services bodies [F109 or CLC practitioner services bodies] ;]

(b) prescribing the circumstances in which [F110 conveyancing services bodies] may be recognised by the Council as being suitable bodies to [F111 undertake—

(i) the provision of conveyancing services,

(ii) the exercise of a right of audience,

(iii) the conduct of litigation,

(iv) probate activities,

(v) the administration of oaths, or

(vi) the provision of relevant legal services not covered by sub-paragraphs (i) to (v);]

[F112 (bza) prescribing the circumstances in which CLC practitioner services bodies may be recognised by the Council as being suitable bodies to undertake—

(i) the exercise of a right of audience,

(ii) the conduct of litigation,

(iii) probate activities,

(iv) the administration of oaths, or

(v) the provision of relevant legal services not covered by sub-paragraphs (i) to (iv);]

[F113 (ba) prescribing the Council's arrangements for authorising recognised [F114 bodies to carry on—

(i) the exercise of a right of audience,

(ii) the conduct of litigation,

(iii) reserved instrument activities, where the recognised body is a conveyancing services body,

(iv) probate activities, or

(v) the administration of oaths;]]

(c) prescribing the [F115 requirements] [F116 , 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

(d) regulating the conduct of the affairs of such bodies.

(2) In this Part “recognised body” means a body F117 . . . for the time being recognised under this section.

(3) Rules made by the Council may also make provision—

(a) for the manner and form in which applications for recognition under this section [F118 , or for the renewal of such recognition,] are to be made, and for the payment of fees in connection with such applications;

[F119 (aa) for the payment of fees in connection with other applications under the rules;]

(b) for regulating the names that may be used by recognised bodies;

[F120 (c) 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;

(ca) for the suspension or revocation of any such recognition, on such grounds and in such circumstances as may be prescribed in the rules;

(cb) 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;]

(d) F121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) for the keeping by the Council of [F122 a register] containing the names and principal places of business of all bodies F123 . . . which are for the time being recognised under this section [F124 and such other information relating to those bodies [F125 (including information about disciplinary measures taken)] as may be specified in the rules;]

[F126 (ea) 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;]

(f) 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;

[F127 (fa) about the education and training requirements to be met by managers and employees of recognised bodies;

(fb) 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;]

(g) 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 [F128 or managers or employees of such bodies] by virtue of this section are being complied with;

(h) for the manner of service on recognised bodies of documents authorised or required to be served on such bodies under this Part.

[F129 (3A) Rules made by the Council may provide for the Council to grant a body recognition under this section subject to one or more conditions.

(3B) 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.

(3C) The conditions which may be imposed under subsection (3A) or (3B) include—

(a) conditions restricting the kinds of conveyancing services that may be provided by the body;

[F130 (aa) conditions restricting the kinds of CLC practitioner services that may be provided by the body;]

(b) conditions imposed by reference to criteria of general application;

(c) 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;

and conditions may be imposed despite the fact that they may result in expenditure being incurred by the body.

(3D) On an application made by a recognised body, the Council may, in such circumstances as may be prescribed, direct—

(a) the removal of a condition subject to which the body's recognition has effect;

(b) the variation of such a condition in the manner described in the application.

(3E) For the purposes of subsection (3D)—

(a) 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

(b) “prescribed” means prescribed by rules made by the Council.

(3F) 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).

(3G) Rules under this section may contain such incidental, supplemental, transitional or transitory provisions or savings as the Council considers necessary or expedient.]

(4) F131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A certificate signed by an officer of the Council and stating—

(a) that any body F132 . . . is or is not, or was or was not at any time, a recognised body; or

[F133 (b) that a body's recognition under this section does not have effect subject to any conditions or has effect subject to any particular conditions,]

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.

(7) Schedule 6 shall have effect with respect to recognised bodies.

[F134 [F135 (8) In this section—

• “administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “CLC practitioner services” has the meaning given by section 32B;

• “CLC practitioner services body” has the meaning given by section 32B;

• “conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “conveyancing services body” has the meaning given by section 32A;

• “probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “relevant legal services”—

  (a)

  in relation to a conveyancing services body, has the meaning given by section 32A; and

  (b)

  in relation to a CLC practitioner services body, has the meaning given by section 32B;

• “reserved instrument activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).]

[F136 (8A) Nothing in this section affects section 13 of the Legal Services Act 2007 (entitlement to carry on a reserved legal activity).]

(9) 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).]

Textual Amendments

F107 Words in s. 32 heading inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(2), 115(6)(a); S.I. 2015/1402, art. 2(a)

F108 Words in s. 32(1)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(2) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F109 Words in s. 32(1)(a) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(3)(a), 115(6)(a); S.I. 2015/1402, art. 2(a)

F110 Words in s. 32(1)(b) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(3)(b), 115(6)(a); S.I. 2015/1402, art. 2(a)

F111 Words in s. 32(1)(b) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(3)(c), 115(6)(a); S.I. 2015/1402, art. 2(a)

F112 S. 32(1)(bza) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(3)(d), 115(6)(a); S.I. 2015/1402, art. 2(a)

F113 S. 32(1)(ba) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(4) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F114 Words in s. 32(1)(ba) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(3)(e), 115(6)(a); S.I. 2015/1402, art. 2(a)

F115 Word in s. 32(1)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(5) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F116 Words in s. 32(1)(c) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(3)(f), 115(6)(a); S.I. 2015/1402, art. 2(a)

F117 Word in s. 32(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, 210, Sch. 17 para. 20(6), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f) (subject to art. 4)

F118 Words in s. 32(3)(a) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F119 S. 32(3)(aa) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F120 S. 32(3)(c)(ca)(cb) substituted (31.3.2009) for s. 32(3)(c) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F121 S. 32(3)(d) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, 210, Sch. 17 para. 20(7)(d), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f) (subject to art. 4)

F122 Words in s. 32(3)(e) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(c)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F123 Word in s. 32(3)(e) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, 210, Sch. 17 para. 20(7)(e)(ii), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f) (subject to art. 4)

F124 Words in s. 32(3)(e) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(c)(iii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F125 Words in s. 32(3)(e) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(4), 115(6)(a); S.I. 2015/1402, art. 2(a)

F126 S. 32(3)(ea) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(f) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F127 S. 32(3)(fa)(fb) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(g) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F128 Words in s. 32(3)(g) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(7)(h) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F129 S. 32(3A)-(3G) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(8) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F130 S. 32(3C)(aa) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(5), 115(6)(a); S.I. 2015/1402, art. 2(a)

F131 S. 32(4)(5) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, 210, Sch. 17 para. 20(9), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f) (subject to art. 4)

F132 Word in s. 32(6)(a) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, 210, Sch. 17 para. 20(10)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f) (subject to art. 4)

F133 S. 32(6)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(10)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F134 S. 32(8) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(6), 115(6)(a); S.I. 2015/1402, art. 2(a)

F135 S. 32(8)(9) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 207, Sch. 17 para. 20(11) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)

F136 S. 32(8A) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(7), 115(6)(a); S.I. 2015/1402, art. 2(a)

Modifications etc. (not altering text)

C5 S. 32 amended (1.4.1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41), ss. 53, 124, Sch. 8 para. 11 (with s. 59(1)); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

[F137 32A Conveyancing services bodies E+W

(1) For the purposes of section 32 a “conveyancing services body” means a body (corporate or unincorporate) in respect of which—

(a) the management and control condition, and

(b) the services condition,

are satisfied.

(2) The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer.

(3) 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.

(4) 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.

(5) The services condition is satisfied in respect of a body if the body is carrying on a business consisting of the provision of—

(a) conveyancing services, or

(b) conveyancing services and other relevant legal services.

(6) For the purposes of this section—

• “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);

• “relevant legal services”, in relation to a body, means—

  (a)

  conveyancing services, and

  (b)

  where authorised persons are managers or employees of, or have an interest in, the body, services such as are 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);

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).]

Textual Amendments

F137 S. 32A inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 21 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

Modifications etc. (not altering text)

C6 S. 32A modified (temp.) (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 209, 211, Sch. 22 para. 15 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(e) (subject to art. 4)

[F138 32B CLC practitioner services bodies E+W

(1) For the purposes of section 32 a “CLC practitioner services body” means a body (corporate or unincorporate) in respect of which—

(a) the management and control condition,

(b) the services condition, and

(c) the authorised person condition,

are satisfied.

(2) 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.

(3) 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.

(4) 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.

(5) The services condition is satisfied in respect of a body if—

(a) the body is carrying on a business consisting of the provision of—

(i) CLC practitioner services; or

(ii) CLC practitioner services and other relevant legal services; and

(b) the body does not provide conveyancing services.

(6) 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.

(7) For the purposes of this section—

(a) 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—

(i) the exercise of a right of audience;

(ii) the conduct of litigation;

(iii) probate activities;

(iv) the administration of oaths;

(b) a reference to designation as an approved regulator is a reference to designation as an approved regulator—

(i) by Part 1 of Schedule 4 to the Legal Services Act 2007, or

(ii) under Part 2 of Schedule 4 to that Act;

(c) 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).

(8) In this section—

• “administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “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);

• “conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “relevant legal services”, in relation to a body, means—

  (a)

  CLC practitioner services, and

  (b)

  where authorised persons are managers or employees of, or have an interest in, the body, services such as are provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities), except for conveyancing services;

• “reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

• “right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).]

Textual Amendments

F138 S. 32B inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 86(8), 115(6)(a); S.I. 2015/1402, art. 2(a)

Miscellaneous and supplemental E+W

[F139 33 Legal professional privilege. E+W

(1) Subsection (2) applies where a licensed conveyancer or recognised body acts as such for a client.

(2) 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.

(3) 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).]

Textual Amendments

F139 S. 33 substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 22 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

[F140 33A Administration of oaths by licensed conveyancers [F141 or licensed CLC practitioners] E+W

The Council may make rules prescribing its arrangements for authorising licensed conveyancers [F142 or licensed CLC practitioners] , for the purposes of the Legal Services Act 2007, to carry on activities which consist of the administration of oaths.]

Textual Amendments

F140 S. 33A inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F141 Words in s. 33A heading inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 5(2); S.I. 2015/1402, art. 2(b)

F142 Words in s. 33A inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 5(3); S.I. 2015/1402, art. 2(b)

34 Modification of existing enactments relating to conveyancing etc. E+W

(1) In the following provisions, namely—

(a) sections 69 and 75(1) of the M2 Law of Property Act 1925; F143 . . .

(b) F143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

(2) In the following provisions, namely—

(a) sections 10(2), 48 and 182 of the Law of Property Act 1925;

(b) F144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) F145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) F145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any reference to a solicitor shall be construed as including a reference to a licensed conveyancer or to a recognised body [F147 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 [F148 such a] recognised body acting for that person.

(3) 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 [F149 which is a conveyancing services body] .

[F150 (4) In this section “conveyancing services body” has the meaning given by section 32A.]

Textual Amendments

F143 S. 34(1)(b) and preceding word repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

F144 S. 34(2)(b) repealed (23.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

F145 S. 34(2)(c)-(e) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 24, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F146 S. 34(2)(f) and the word immediately preceeding it repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch.10 (with Sch. 9 para. 5); S.I. 1996/1892, art. 3(1)(iv)

F147 Words in s. 34(2) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 6(2); S.I. 2015/1402, art. 2(b)

F148 Words in s. 34(2) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 6(3); S.I. 2015/1402, art. 2(b)

F149 Words in s. 34(3) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 6(4); S.I. 2015/1402, art. 2(b)

F150 S. 34(4) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 6(5); S.I. 2015/1402, art. 2(b)

Modifications etc. (not altering text)

C7 S. 34 excluded by 1990 c. 41, s. 53(9B) (as inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(7), 115(6)(a); S.I. 2015/1402, art. 2(a))

Marginal Citations

M2 1925 c. 20.

35 Penalty for pretending to be a licensed conveyancer or recognised body. E+W

(1) An individual shall not describe himself or hold himself out as a licensed conveyancer unless he holds a licence in force under this Part.

(2) A body F151 . . . shall not describe itself or hold itself out as a recognised body unless it is for the time being recognised under section 32.

(3) 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.

Textual Amendments

F151 Words in s. 35(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 25, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

36 Offences by bodies corporate. E+W

[F152 (1)] 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 [F153 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.

[F154 (2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) In this section “officer”, in relation to a body corporate, means—

(a) any director, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity.]

Textual Amendments

F152 S. 36 renumbered (31.3.2009) as s. 36(1) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 26(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F153 Words in s. 36(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 26(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F154 S. 36(2)-(8) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 26(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

37 Service of documents. E+W

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 M3 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.

Marginal Citations

M3 1978 c. 30.

38 Rules. E+W

F155 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any [F156 rules made by the Council under this Part] may make different provision for different circumstances.

(3) 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.

Textual Amendments

F155 S. 38(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 27(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii)(i)(iv)(gg) (with art. 9)

F156 Words in s. 38(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 27(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

39 Interpretation of Part II. E+W

(1) In this Part—

• “associate” means, in the case of a licensed conveyancer practising in partnership with other persons, any partner of his not holding a licence in force under this Part or any employee of such a partner;

• “client” means—

  (a)

  in relation to a licensed conveyancer, any person by whom or on whose behalf instructions regarding the provision of conveyancing services are given to the licensed conveyancer F157 . . . ;

  (b)

  in relation to a recognised body, any person by whom or on whose behalf such instructions are given to the body;

• and “client account” means an account in whose title the word “client” is required by rules under section 22(2);

• “conveyancing services” shall be construed in accordance with section 11(3);

• “the Council” means the Council for Licensed Conveyancers;

• F158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “fees” includes charges, disbursements, expenses and remuneration;

• “functions” includes powers and duties;

• “licence” and “licensed conveyancer” have the meaning given by section 11(2);

• [F159 “licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990;]

• F158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F160 “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);]

• “recognised body” means a body F161 . . . for the time being recognised under section 32;

• F162 . . .

• F163 . . .

(2) 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.

Textual Amendments

F157 S. 39(1): words in the definition of "client" repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 28(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F158 S. 39(1): definitions of "director" and "officer" repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 28(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F159 Words in s. 39(1) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 7; S.I. 2015/1402, art. 2(b)

F160 S. 39(1): definition of "manager" inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 28(d) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F161 S. 39(1): word in the definition of "recognised body" repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 28(d), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F162 Definition in s. 39(1) omitted (1.10.1991) by virtue of S.I. 1991/1997, regs. 1, 2, Sch. para. 55(3) (with reg. 4)

F163 S. 39(1): definition repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.