The Licensed Conveyancers' Discipline and Appeals Committee (Procedure) Rules Approval Order 1987

Cases where it is alleged that a licence or recognition was obtained through fraud

17.—(1) Where it is alleged that a respondent was issued a licence or granted recognition as a result of fraud on his part, the Solicitor shall send to the respondent a notice of hearing:

(a) specifying the nature of the fraud alleged, stating the day, time and place at which the Committee will hold a hearing on the question;

(b) inviting his attendance at such hearing; and

(c) containing such further information as the nature of the case may require.

(2) The provisions of Rule 4 shall apply as though such notice were a notice of hearing such as is mentioned in that rule.

(3) A copy of the notice shall be sent to any person who is alleged to have been a party to the fraud alleged and to such other persons (if any) as the Chairman may direct, and any such person may with the leave of the Chairman appear at the hearing as an additional party thereto.

(4) The hearing shall proceed as though the question were a charge contained in a notice of hearing in a case relating to conduct and the provisions of Rule 11 shall accordingly apply thereto.

(5) If the Committee are satisfied that the licence has been issued or recognition granted as a result of fraud, they shall make an order in writing, under the hand of the Chairman, that the licence or recognition, having been proved to the satisfaction of the Committee to have been issued or granted as a result of fraud, shall be revoked and the Chairman shall announce the determination in such terms as the Committee may approve.

(6) Whether or not the Committee proceed to determine that a licence or recognition has been proved to their satisfaction to have been issued or granted as a result of fraud, they may, if they are satisfied that the licence or recognition has been issued or granted as a result of error, recommend the Council to revoke or amend the licence or grant of recognition in accordance with their conclusions.

(7) Where a hearing relates to two or more licences or recognition of bodies, the Committee may proceed under the foregoing provisions of this rule in respect of those licences or recognitions either separately or taken together, as the Committee think fit.