1E+WIn this Schedule—
“the M1Act of 1985” means the Administration of Justice Act 1985;
“advocacy licence” means a licence issued under section 53 [F1by which the Council authorises the licensed conveyancer concerned to exercise a right of audience;]
“the Council” means the Council for Licensed Conveyancers;
“the Discipline and Appeals Committee” means the committee established under section 25 of the Act of 1985;
“litigation licence” means a licence issued under section 53 [F2by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute the conduct of litigation;]
“probate licence” means a licence issued under section 53 [F3by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute probate activities;] and
“relevant licence” means a licence under Part II of the Act of 1985 or an advocacy, litigation or probate licence.
[F4“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).]
Textual Amendments
F1Sch. 8 para. 1: words in definition of "advocacy licence" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F2Sch. 8 para. 1: words in definition of "litigation licence" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F3Sch. 8 para. 1; words in definition of "probate licence" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F4Sch. 8 para. 1: definition of "reserved legal activity" inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(d) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
Commencement Information
I1Sch. 8 Pt. 1 para. 1 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 1 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 1 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
Marginal Citations
2(1)For the purpose of exercising the powers conferred by section 53 the Council may make such qualification regulations and [F5conduct rules] as it considers appropriate in connection with the [F6carrying on of the reserved legal activities] in question.E+W
(2)In making any such regulations or rules the Council may, in particular, do anything which it has power to do in making rules under section 13 of the Act of 1985 (training rules).
Textual Amendments
F5Words in Sch. 8 para. 2(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(3)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F6Words in Sch. 8 para. 2(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(3)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
Commencement Information
I2Sch. 8 para. 2 wholly in force at 7.12.2004; Sch. 8 para. 2 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 para. 2 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
3(1)An application for an advocacy licence, litigation licence or probate licence 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 paragraph.E+W
(2)Any such rules—
(a)may prescribe the forms to be used in connection with applications for any such licence; and
(b)may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules.
(3)Rules made under section 14 of the Act of 1985 and this paragraph may make provision with respect to applications for composite licences.
Commencement Information
I3Sch. 8 Pt. 1 para. 3 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 3 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 3 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
4(1)If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that—E+W
(a)the applicant has complied with such qualification regulations, [F7conduct rules] or other requirements as are applicable in his case in relation to the licence applied for;
(b)that he has made adequate arrangements for the purpose of complying with any provisions which are applicable in his case in relation to the licence applied for; and
(c)that he is a fit and proper person to [F8carry on the reserved legal activities] in question,
the Council may issue the applicant either with a licence free of conditions or with a licence subject to such conditions as it sees fit to impose.
(2)If the Council is for any reason not so satisfied, or for any other reason refuses the application, it shall notify the applicant of its refusal and of the grounds on which the application has been refused.
(3)Subsections (3) to (6) of section 15 of the Act of 1985 (issue of licences under section 14 of that Act) shall apply, with the necessary modifications, with respect to any application under paragraph 3 and any licence in force under section 53 as they apply with respect to any application under section 14 of that Act and any licence under Part II of that Act.
Textual Amendments
F7Words in Sch. 8 para. 4(1)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(4)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F8Words in Sch. 8 para. 4(1)(c) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(4)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
Commencement Information
I4Sch. 8 Pt. 1 para. 4 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 4 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 4 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
5(1)This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence—E+W
(a)for the first time;
(b)when a licence of the kind applied for which has previously been held by him has been subject to conditions;
(c)when, on the first day of the period to which the licence applied for would (if granted) relate, a period of twelve months or more will have elapsed since he held a licence of that kind;
[F9(d)after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 or the Discipline and Appeals Committee have made any order in his case under section 26(1) of that Act.]
(2)This paragraph also has effect in any case where a person applies for such a licence and any of the circumstances mentioned in paragraphs (e) to (j) of section 16 of the Act of 1985 (conditional licences) apply in his case.
(3)Sub-paragraphs (1) and (2) are subject to subsection (4) of section 16 of the Act of 1985, as applied by sub-paragraph (7) of this paragraph.
(4)In any case where this paragraph has effect the Council may, on issuing an advocacy, litigation or probate licence to the applicant, issue it subject to such conditions as the Council thinks fit.
(5)The Council’s decision in any such case to impose any particular conditions under this paragraph may be made by reference to such criteria of general application as may have been determined by the Council.
(6)Without prejudice to the generality of sub-paragraph (4), conditions may be imposed under that sub-paragraph—
(a)for restricting the kinds of [F10activities that may be carried on] by the applicant by virtue of his having the advocacy, litigation or probate licence in question; 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 who [F11carries on the additional activities] authorised by that licence,
and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) or otherwise) as they may be under Part II of the Act of 1985.
(7)Subsections (4) and (5) of section 16 of the Act of 1985 shall have effect, with the necessary modifications, with respect to an advocacy, litigation or probate licence as they have effect with respect to a licence issued under Part II of that Act.
[F12(8)Where a person applies for an advocacy, litigation or probate licence at a time when this paragraph has effect in relation to that person by reason of the circumstances mentioned in section 16(1)(ea) of the Act of 1985, section 16A(2) of that Act has effect as it has effect in relation to an application for a licence under Part 2 of that Act.]
Textual Amendments
F9Sch. 8 para. 5(1)(d) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
F10Words in Sch. 8 para. 5(6)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(b)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
F11Words in Sch. 8 para. 5(6)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(b)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
F12Sch. 8 para. 5(8) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
Commencement Information
I5Sch. 8 Pt. 1 para. 5 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 5 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 5 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
6(1)Where an advocacy, litigation or probate licence is in force with respect to a licensed conveyancer, the Council shall enter details of the licence in the appropriate place in the register of licensed conveyancers maintained by it under section 19 of the Act of 1985.E+W
(2)The Council shall accordingly cause the appropriate entries to be made on the issue of any advocacy, litigation or probate licence and deletions on any such licence ceasing to be in force.
(3)Where any such licence is for the time being suspended, the Council shall cause that fact to be noted in the register against the name of the licensed conveyancer concerned.
Commencement Information
I6Sch. 8 Pt. 1 para. 6 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 6 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 6 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
7E+WF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 8 para. 7 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 35(6), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii)(i)(viii)(oo) (with art. 9)
8E+WWhere a licence issued under Part II of the Act of 1985 ceases to be in force (whether because it is suspended or the licensed conveyancer concerned is disqualified from holding such a licence or for any other reason), any advocacy, litigation or probate licence in force with respect to that licensed conveyancer at the time shall cease to have effect to the same extent as the licence under Part II of the Act of 1985.
Commencement Information
I7Sch. 8 Pt. 1 para. 8 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 8 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 8 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
9(1)Where the Discipline and Appeals Committee have made any order directing that a licensed conveyancer shall be disqualified (either permanently or during a specified period) from holding an advocacy licence, a litigation licence or a probate licence, he shall not, while his disqualification continues in force, be issued with a licence of a kind to which the disqualification relates unless the Committee, on an application made to them in that behalf, direct otherwise.E+W
(2)An application under this paragraph shall not be made to the Committee—
(a)within ten months of the date of the Committee’s order relating to the kind of licence in question; or
(b)within ten months of a previous such application by the licensed conveyancer concerned with respect to that kind of licence.
[F14(3)In relation to proceedings on an application under sub-paragraph (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
F14Sch. 8 para. 9(3) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(7) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
Commencement Information
I8Sch. 8 Pt. 1 para. 9 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 9 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 9 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
10(1)Where the Discipline and Appeals Committee are satisfied that a relevant licence was issued to any person as a result of any error, or as a result of fraud on the part of that person, they may if they think fit by order revoke that licence and any other relevant licence issued to that person.E+W
(2)Where a person has had a relevant licence which was held by him revoked, he shall not be issued with any relevant licence except on the advice of the Committee given to the Council as the result of an application made by that 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 any relevant licence, or a relevant licence of a specified kind, until the expiry of such period as may be specified in the direction.
(4)Paragraph 9 shall apply in relation to a direction under sub-paragraph (3) as it applies in relation to any direction of a kind mentioned in sub-paragraph (1) of that paragraph.
[F15(5)In relation to proceedings for the revocation of a licence under sub-paragraph (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 sub-paragraph (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.]
Textual Amendments
F15Sch. 8 para. 10(5)(6) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(8) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
Commencement Information
I9Sch. 8 Pt. 1 para. 10 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 10 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 10 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
11E+WF16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 8 para. 11 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 35(9), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)(f)(i)(vi)(cc)