SCHEDULES
SCHEDULE 5 Intervention in Licensed Conveyancer’s Practice
C1C2Part II Powers Exercisable on Intervention
Powers conferred by Sch. 5 Pt. II (paras. 5-12) restricted (1. 4. 1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 53, 59(1), Sch. 8 para. 13(2); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)
F2Redirection of communications
Sch. 5 para. 10 and cross-heading substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 31(10), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)
F110
1
The High Court, on the application of the Council, may from time to time make a communications redirection order.
2
A communications redirection order is an order that specified communications to the licensed conveyancer or his firm are to be directed, in accordance with the order, to the Council, or any person appointed by the Council.
3
For the purposes of this paragraph—
a
“specified communications” means communications of such description as are specified in the order;
b
the descriptions of communications which may be so specified include—
i
communications in the form of a postal packet;
ii
electronic communications;
iii
communications by telephone.
4
A communications redirection order has effect for such time not exceeding 18 months as is specified in the order.
5
Where a communications redirection order has effect, the Council or the person appointed by the Council may take possession or receipt of the communications redirected in accordance with the order.
6
Where a communications redirection order is made the Council must pay to—
a
in the case of an order relating to postal packets, the postal operator concerned, and
b
in any other case, the person specified in the order,
the like charges (if any) as would have been payable for the redirection of the communications to which the order relates if the addressee had permanently ceased to occupy or use the premises or other destination of the communications and had applied to the postal operator or the specified person (as the case may be) to redirect the communications to him as mentioned in the order.
7
The High Court may, on the application of the Council, authorise the Council, or a person appointed by it, to take such steps as may be specified in the order in relation to any website purporting to be or have been maintained by or on behalf of the licensed conveyancer or his firm if the High Court is satisfied that the taking of those steps is necessary to protect the public interest or the interests of clients (or potential or former clients) of the licensed conveyancer or his firm.
8
In this paragraph “postal operator” and “postal packet” have the meaning given by F3section 27 of the Postal Services Act 2011 .
9
This paragraph does not apply where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 3.
Powers conferred by Sch. 5 Pt. II (paras. 5-12) extended (1. 4. 1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1),ss. 53, 59(1), Sch. 8 para.13(1)(2); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)