Administration of Justice Act 1985

Intervention by Council

10 (1) Subject to sub-paragraph (2), where—

(a) the Council is satisfied that a recognised body has failed to comply with any rules applicable to it by virtue of section 32 ; or

(b) a person has been appointed receiver or manager of property of a recognised body ; or

(c) a winding-up order, or an administration order under Part II of the [1985 c. 65.] Insolvency Act 1985, has been made with respect to a recognised body or a resolution for voluntary winding-up has been passed with respect to a recognised body (other than a resolution passed solely for the purposes of its reconstruction or of its amalgamation with another body corporate) ; or

(d) the Council has reason to suspect dishonesty on the part of any officer or employee of a recognised body in connection with that body's business,

the powers conferred by Part II of Schedule 5 shall be exercisable in relation to the recognised body and its business in like manner as they are exercisable in relation to a licensed conveyancer and his practice.

(2) Those powers shall only be exercisable by virtue of subparagraph (1)(a) if the Council has given the recognised body notice in writing that the Council is satisfied that the body has failed to comply with the rules specified in the notice and also (at the same or any later time) notice that those powers are accordingly exercisable in its case by virtue of sub-paragraph (1)(a).

11 The powers conferred by Part Ii of Schedule 5 shall also be exercisable as mentioned in paragraph 10(1) of this Schedule where

(a) a complaint is made to the Council that there has been undue delay on the part of a recognised body in connection with any matter in which it was instructed on behalf of a client; and

(b) the Council by notice in writing invites the body to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days ; and

(c) the body fails within that period to give an explanation which the Council regards as satisfactory ; and

(d) the Council gives notice of the failure to the body and (at the same or any later time) notice that the powers conferred by Part II of Schedule 5 are accordingly exercisable in its case by virtue of this paragraph.

12 (1) Where the recognition of a body corporate under section 32—

(a) has been revoked by an order of the Discipline and Appeals Committee under this Schedule ; or

(b) has expired and no further recognition of that body has been granted under that section,

the powers conferred by Part II of Schedule 5 shall be exercisable in relation to the body corporate and its former business as a recognised body as they are exercisable in relation to a licensed conveyancer and his practice.

(2) Where the powers conferred by Part II of Schedule 5 are exercisable in relation to a recognised body in accordance with paragraph 10 or 11 of this Schedule they shall continue to be exercisable after that body's recognition under section 32 has been revoked or has otherwise ceased to be in force.

13 In connection with the application of Part II of Schedule 5 for the purposes of this Schedule, in that Part of that Schedule—

(a) any reference to the licensed conveyancer or to his practice shall be construed as including a reference to the body corporate in relation to which the powers conferred by that Part of that Schedule are exercisable by virtue of paragraph 10, 11 or 12(1) of this Schedule or to its business (or former business) as a recognised body ;

(b) any reference to paragraph 1 of that Schedule shall be construed as including a reference to paragraph 10 or 12(1) of this Schedule ; and

(c) any reference to paragraph 3 of that Schedule shall be construed as including a reference to paragraph 11 of this Schedule.