EXPLANATORY NOTE
(This note is not part of the Order)
This is the second commencement order made under the Deregulation Act 2015 (c. 20) and brings into force on 29th June 2015 sections 86 to 89 of, and Schedules 19 and 20 to, that Act.
The provisions that this Order commences make various amendments relating to the powers of the Council for Licensed Conveyancers (“CLC”). Section 86 amends section 32 of, and inserts a new section 32B into, the Administration of Justice Act 1985 (c. 61) (“the 1985 Act”) to make provision for a new type of body regulated by the CLC, known as a “CLC practitioner services body”. Section 87 amends section 53 of the Courts and Legal Services Act 1990 (c. 41) (“the 1990 Act”) to make provision for a new type of individual practitioner regulated by the CLC, known as a “licensed CLC practitioner”. These bodies and practitioners will, subject to authorisation by the CLC, be able to undertake any reserved legal activity for which the CLC is an approved regulator under the Legal Services Act 2007 (c. 29) (“the 2007 Act”), without first needing to be authorised to practise in conveyancing.
Section 88 brings into effect Schedule 19, which makes consequential amendments to the 1985 Act, the 1990 Act and the 2007 Act relating to sections 86 and 87.
Section 89 brings into effect Schedule 20, which makes other amendments to the 1985 Act relating to the CLC. Paragraph 2 of Schedule 20 replaces a statutory period of 42 days for the CLC to consider licence applications with a power for the CLC to make rules to prescribe the relevant period. Paragraph 3 amends section 18 of the 1985 Act to provide that where the CLC exercises certain intervention powers under the 1985 Act or the 2007 Act in relation to a CLC recognised body or licensed body (within the meaning of the 1985 Act and 2007 Act respectively), the exercise of those powers will operate immediately to suspend any licence held by a manager or employee of that body, unless the CLC directs otherwise. Paragraphs 3(4) and (5), 6, 7, 8 and 10 make provision for certain types of regulatory appeal to be heard by the First-tier Tribunal instead of the High Court.