Administration of justice

87Licensed CLC practitioners

(1)

Section 53 of the Courts and Legal Services Act 1990 (the Council for Licensed Conveyancers: authorisation of individuals to carry on reserved legal activities) is amended as follows.

(2)

In subsection (2), omit “only if the person is a licensed conveyancer”.

(3)

In subsection (3)—

(a)

for “a licensed conveyancer” substitute “ a person ”;

(b)

for “the licensed conveyancer” substitute “ the person in respect of that activity ”.

(4)

In subsection (4), for “Any such” substitute “ If the person granted a licence under this section is a licensed conveyancer, the ”.

(5)

After subsection (4) insert—

“(4A)

If the person granted a licence under this section is not a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising that and any other licence under this section which the Council may grant to the person.

(4B)

A licence under this section granted to a person who is not a licensed conveyancer ceases to have effect if the person becomes a licensed conveyancer.”

(6)

In subsection (9)—

(a)

in the opening words, after “respect to” insert “ persons who apply for, or hold, an advocacy, litigation or probate licence and ”;

(b)

in paragraph (c), for “licensed conveyancer” substitute “ person ”;

(c)

after paragraph (d) insert—

“(da)

any case of an individual who describes himself or herself, or holds himself or herself out, as a licensed CLC practitioner without holding a licence in force under this section;”;

(d)

in the words following paragraph (f), after “respect to” insert “ persons who apply for, or hold, a licence under Part 2 of the Act of 1985 and ”.

(7)

After subsection (9) insert—

“(9A)

The modifications mentioned in subsection (9) may differ depending on whether the person applying for, or holding, an advocacy, litigation or probate licence is or is not a licensed conveyancer.

(9B)

Subsection (9) does not apply to section 34 of the Act of 1985 (modification of existing enactments relating to conveyancing etc).”

(8)

After subsection (10) insert—

“(11)

In this section—

“advocacy licence” means a licence issued under this section by which the Council authorises the person concerned to exercise a right of audience;

“CLC practitioner services” has the same meaning as in section 32B of the Act of 1985;

“licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under this section;

“litigation licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities which constitute the conduct of litigation;

“the practice of a licensed CLC practitioner” means the provision by a person, as the holder of a licence under this section, of CLC practitioner services in accordance with the licence; and

“probate licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities that constitute probate activities.”

(9)

In the italic heading preceding section 53, after “conveyancers” insert “ and licensed CLC practitioners ”.