Deregulation Bill

AmendmentS
to be moved
on report

Clause 30

BARONESS HAYTER OF KENTISH TOWN

 

Page 24, line 39, at end insert—

“(aa)   after section 213(10) (requirements relating to tenancy deposits)
insert—

“(11)    Where an order made by the appropriate national authority
under subsection (5) requires, in connection with the
tenancy in respect of which a deposit has been paid, the
provision of the name, address, telephone number, and any
email address or fax number of the landlord, the name,
address, telephone number, and any email address or fax
number of any agent who is holding the deposit on behalf of
the landlord may be provided instead.”

(bb)   ”

After Clause 83

BARONESS HAYTER OF KENTISH TOWN

 

Insert the following new Clause—

“Recognised bodies

(1)     The Administration of Justice Act 1985 is amended as follows.

(2)     In the title of section 32 (provision of conveyancing services by recognised
bodies) after “conveyancing” insert “or other”.

(3)     In section 32—

(a)   in subsection (1)(a) after “conveyancing services bodies” insert “or
CLC practitioner services bodies”;

(b)   in subsection (1)(b)—

(i)   for “such bodies” substitute “conveyancing services
bodies”;

(ii)   for the words from “to undertake” to the end substitute—

“(a) the provision of conveyancing services,

(b) the administration of oaths,

(c) the exercise of a right of audience,

(d) the conduct of litigation,

(e) probate activities, or

(f) the provision of other relevant legal services;”;

(c)   after subsection (1)(b) insert—

“(bza)   prescribing the circumstances in which CLC practitioner
services bodies may be recognised by the Council as being
suitable bodies to undertake—

(a) the administration of oaths,

(b) the exercise of a right of audience,

(c) the conduct of litigation,

(d) probate activities, or

(e) the provision of other relevant legal services;”;

(d)   in subsection (1(ba) for the words from “carry on” to the end
substitute—

“(i)   reserved instrument activities, where the recognised body is
a conveyancing services body,

(ii)   the administration of oaths,

(iii)   the exercise of a right of audience,

(iv)   the conduct of litigation,

(v)   probate activities, or

(vi)   other relevant legal services;”;

(e)   in subsection (3)(e) after “those bodies” insert “(including
information about disciplinary measures taken)”;

(f)   in subsection (3C) after paragraph (a) insert—

“(aa)   conditions restricting the kinds of CLC practititioner
services that may be provided by the body;”; and

(g)   for subsection (8) substitute—

“(8)     In this section—

“administration of oaths” has the same meaning as in
the Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act);

“CLC practitioner services” has the meaning given by
section 32B;

“CLC practitioner services body” has the meaning
given by section 32B;

“conduct of litigation” has the same meaning as in the
Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act);

“conveyancing services body” has the meaning given
by section 32A;

“probate activities” has the same meaning as in the
Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act);

“relevant legal services”—

(a)   in relation to a conveyancing services body,
has the meaning given by section 32A; and

(b)   in relation to a CLC practitioner services
body, has the meaning given by section 32B;

“reserved instrument activities” has the same meaning
as in the Legal Services Act 2007 (see section 12 of,
and Schedule 2 to, that Act);

“right of audience” has the same meaning as in the
Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act).”.

(4)     After section 32A (conveyancing services bodies) insert—

“32B          CLC practitioner services bodies

(1)     For the purposes of section 32 a “CLC practitioner services body”
means a body (corporate or unincorporate) in respect of which—

(a)   the management and control condition,

(b)   the services condition, and

(c)   the authorised person condition,

are satisfied.

(2)     The management and control condition is satisfied in the case of a
partnership if at least one of the partners is a licensed conveyancer
or a licensed CLC practitioner.

(3)     The management and control condition is satisfied in the case of an
unincorporated body (other than a partnership), or a body
corporate which is managed by its members, if at least one of those
members is a licensed conveyancer or a licensed CLC practitioner.

(4)     The management and control condition is satisfied in the case of
any other body corporate if at least one director of the body is a
licensed conveyancer or a licensed CLC practitioner.

(5)     The services condition is satisfied in respect of a body if—

(a)   the body is carrying on a business consisting of the
provision of—

(i)   CLC practitioner services; or

(ii)   CLC practitioner services and other relevant legal
services; and

(b)   the body does not provide conveyancing services.

(6)     The authorised person condition is satisfied if the licensed
conveyancer or licensed CLC practitioner by reference to whom the
management and control condition is satisfied, or one of the
persons by reference to whom that condition is satisfied, is an
authorised person in respect of any of the CLC practitioner services
that are provided by the body.

(7)     For the purposes of this section—

(a)   a reference to CLC practitioner services is a reference to
those of the following reserved legal activities in relation to
which the Council is designated as an approved regulator—

(i)   the administration of oaths,

(ii)   the exercise of a right of audience,

(iii)   the conduct of litigation, and

(iv)   probate activities;

(b)   a reference to designation as an approved regulator is a
reference to designation as an approved regulator—

(i)   by Part 1 of Schedule 4 to the Legal Services Act
2007, by virtue of an order under paragraph 5 of
Schedule 22 to that Act; or

(ii)   under Part 2 of Schedule 4 to that Act;

(c)   a person has an interest in a body if the person has an
interest in the body within the meaning of Part 5 of the Legal
Services Act 2007 (see sections 72 and 109 of that Act).

(8)     In this section—

“administration of oaths” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“authorised person” means an authorised person in relation to
an activity which is a reserved legal activity (within the
meaning of the Legal Services Act 2007);

“conduct of litigation” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“probate activities” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“relevant legal services”, in relation to a CLC practitioner
services body, means—

(a)   CLC practitioner services; and

(b)   where authorised persons are managers or
employees of, or have an interest in the body, such
services as are provided by individuals practising as
such authorised persons (whether or not those
services involve the carrying on of reserved legal
activities), except for conveyancing services;

“reserved legal activity” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“right of audience” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act).”.”

 

Insert the following new Clause—

“Licensed CLC practitioners

(1)     The Courts and Legal Services Act 1990 is amended as follows.

(2)     In the cross-heading preceding section 53 after “conveyancers” insert “and
other persons”.

(3)     In section 53 (the Council for Licensed Conveyancers)—

(a)   in subsection (2) omit “only if the person is a licensed conveyancer”;

(b)   in subsection (3)—

(i)   for “licensed conveyancer” substitute “person”;

(ii)   for “licensed conveyancer” substitute “person in respect of
that activity”;

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

(d)   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
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.”;

(e)   in subsection (9)—

(i)   before paragraph (a) insert—

“(za) persons who apply for, or hold, an advocacy,
litigation or probate licence;”;

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

(iii)   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;”;

(iv)   in paragraph (f) for “other matter” substitute “matter, other
than those mentioned in paragraphs (a) to (da), that is”; and

(v)   after “with respect to” insert “persons who apply for, or
hold, a licence under Part 2 of the Act of 1985 and”;

(f)   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.).”;

(g)   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;

“a 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.”.”

 

Insert the following new Clause—

“Recognised bodies and licensed CLC practitioners: consequential amendments

Schedule (Recognised bodies and licensed CLC practitioners: consequential
amendments
) has effect.”

 

Insert the following new Clause—

“Other amendments to the 1985 Act

Schedule (Other amendments to the 1985 Act) has effect.”

 

Insert the following new Clause—

“Transitional provisions

(1)     The amendments to section 15 of the Administration of Justice Act 1985
made by paragraph 2 of Schedule (Other amendments to the 1985 Act) do not
take effect, other than for the purposes of making rules under section
15(3A), until the date on which those rules come into force.

(2)     If an application under section 14 of the 1985 Act is received, but not
determined, by the Council before the date the rules made under section
15(3A) of the 1985 Act (as inserted by paragraph 2 of Schedule (Other
amendments to the 1985 Act
) come into force, the application will be subject
to the provisions of section 15(3)(b) of the 1985 Act, disregarding the
amendment made by paragraph 2 of Schedule (Other amendments to the
1985 Act
).

(3)     The amendments made by paragraph 3 of Schedule (Other amendments to
the 1985 Act
) only apply to an exercise of the powers in paragraph 6(1) or
9(1) of Schedule 5 to the 1985 Act or paragraph 3(1) or 8(1) of Schedule 14
to the 2007 Act that arises by virtue of an act or omission that occurs on or
after the date of commencement of those amendments.

(4)     The amendments to the 1985 Act made by paragraphs 3(d) and (e), 6, 7, 8
and 10 of Schedule (Other amendments to the 1985 Act) in relation to the right
of appeal against certain decisions only apply in relation to a decision that
is taken on or after the date of commencement of those amendments.”

After Schedule 20

BARONESS HAYTER OF KENTISH TOWN

 

Insert the following new Schedule—

“SCHEDULE

RECOGNISED BODIES AND LICENSED CLC PRACTITIONERS: CONSEQUENTIAL
AMENDMENTS

PART 1

AMENDMENTS TO THE 1985 ACT

Section (Recognised bodies and licensed CLC practitioners: consequential amendments)

1      The Administration of Justice Act 1985 is amended as follows.

2      In section 16(1) (conditional licences)—

(a)   in paragraph (b) for “each” substitute “a”;

(b)   after paragraph (b) insert—

“(ba)   when a licence previously held by him under section 53
of the Courts and Legal Services Act 1990 was subject
to conditions under paragraph 5 of Schedule 8 to that
Act;”;

(c)   in paragraph (c) after “this Part” insert “or a licence in force under
section 53 of the Courts and Legal Services Act 1990”;

(d)   in paragraph (ca) after “section 24A” insert “, whether the order
relates to a licence under this Part or a licence under section 53 of
the Courts and Legal Services Act 1990;

(e)   in paragraph (d) after “section 26” insert “, whether the order
relates to a licence under this Part or a licence under section 53 of
the Courts and Legal Services Act 1990”;

(f)   in paragraph (ea) after section 22 insert “(including section 22 as
applied by section 53 of the Courts and Legal Services Act 1990)”.

3      In section 26 (proceedings in disciplinary cases)—

(a)   in subsection (2)—


(i)   in paragraph (a) after “any licence” insert “under this
Part”;


(ii)   in paragraph (b) for “a licence under this Part” substitute
“any relevant licence”;


(iii)   in paragraph (c) after “any licence” insert “under this
Part”;

(b)   after subsection (8) insert—

“(9)     In this section “relevant licence” means—

(a)   a licence under this Part, or

(b)   a licence under section 53 of the Courts and
Legal Services Act 1990.”

4      In section 28 (revocation of licence on grounds of fraud or error)

(a)   in subsection (1)—


(i)   after “a licence” insert “under this Part”;


(ii)   for “the licence” substitute “all of the relevant licences
held by that person”;

(b)   for subsection (2) substitute—


“(2) Where a person has had any relevant licence which
was held by him revoked because of fraud on that
person’s part, the person may not be issued with a
licence under this Part except on the advice of the
Committee given to the Council as the result of an
application made by the person to that Committee.”;

(c)   in subsection (3) for “a licence under this Part” substitute “any
relevant licence”;

(d)   after subsection (6) insert—


“(7) In this section “relevant licence” has the meaning given
by section 26.”.

5      In the title of section 33A after “licensed conveyancers” insert “or
licensed CLC practitioners”.

6      In section 33A after “licensed conveyancers” insert “or licensed CLC
practitioners”.

7      In section 34 (modification of existing enactments relating to
conveyancing etc.)—

(a)   in subsection (2) after “to a recognised body” insert “which is a
conveyancing services body”;

(b)   in subsection (2) after “conveyancer or” insert “such a”;

(c)   in subsection (3) after a “recognised body” insert “which is a
conveyancing services body”; and

(d)   after subsection (3) insert—


“(4) In this section “conveyancing services body” has the
meaning given by section 32A.”

8      In section 39(1) (interpretation of Part 2) at the appropriate place insert—

““licensed CLC practitioner” means a person, other than a licensed
conveyancer, who holds a licence under section 53 of the Courts
and Legal Services Act 1990;”.

9      In Schedule 3 (the Council for Licensed Conveyancers: supplementary
provisions) after paragraph 2(1)(a)(i) (constitution of the Council) (and
before the “or”) insert—

“(ia)   licensed CLC practitioners;”.

10     In Schedule 6 (bodies recognised under section 32: supplementary
provisions)—

(a)   after paragraph 3(1)(aa) insert—


“(aaa)   it is alleged that a manager or employee of a
recognised body who is not a licensed CLC
practitioner has failed to comply with any rules
applicable to him by virtue of section 32;”;

(b)   in paragraph 3A(1)(b) after “paragraph 3(1)(aa)” insert “or (aaa)”;

(c)   in paragraph 4(2A) (disciplinary control of recognised bodies)
after “paragraph 3(1)(aa)” insert “or (aaa)”; and

(d)   in paragraph 14(1) after “paragraph 3(1)(a)(ii), (aa)” insert “,
(aaa)”.

PART 2

AMENDMENTS TO THE 1990 ACT

11     The Courts and Legal Services Act 1990 is amended as follows.

12     In section 75(c) (judges etc. barred from legal practice) for “or licensed
conveyancer” substitute “, licensed conveyancer or licensed CLC
practitioner”.

13     In section 119(1) (interpretation) at the appropriate place insert—

““licensed CLC practitioner” has the meaning given in section 53;”.”

14     For the title of Schedule 8 substitute “Council for Licensed
Conveyancers”.

15     In Schedule 8—

(a)   in paragraph 1 (general) for the definition of “advocacy licence”
substitute—

““advocacy licence”, “litigation licence” and “probate licence”
have the meaning given by section 53;””;

(b)   in paragraph 1 omit the definitions of—


(i)   “litigation licence”, and


(ii)   “probate licence”;

(c)   in paragraph 4(3) (issues of licences) for the words from “with
respect” to “as they” substitute “with respect to—


(a)   any application under paragraph 3 for an
advocacy licence and any advocacy licence in
force under section 53;


(b)   any application under paragraph 3 for a
litigation licence any litigation licence in force
under section 53; and


(c)   any application under paragraph 3 for a
probate licence and any probate licence in force
under section 53 (as the case may be),


as they”;

(d)   in paragraph 5 (conditional licences)—


(i)   in sub-paragraph (1)(b)—


aaafor “of the kind applied for” substitute “issued
under section 53”
bbbat the end insert “under this paragraph”;

(ii)   after sub-paragraph (1)(b) insert—


bawhen a licence issued under Part 2 of the Act of
1985 which has previously been held by him has
been subject to conditions under section 16 of the
Act of 1985;”;

(iii)   in sub-paragraph (1)(c) for “of that kind” substitute
“issued under section 53 or Part 2 of the Act of 1985”;


(iv)   in sub-paragraph (1)(d) at the end insert “, whether the
order relates to a licence under section 53 or a licence
under Part 2 of the Act of 1985”;


(v)   in sub-paragraph (6) omit “or” after paragraph (a);


(vi)   in sub-paragraph (6)(b)—


aaaat the beginning insert “in the case of an applicant
who is a licensed conveyancer,”;
bbbat the end for “,” substitute “; or”; and

(vii)   after sub-paragraph (6)(b) insert—


cfor 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 CLC practitioner,”;

(e)   after paragraph 6 insert—

“6A Register of licensed CLC practitioners

(1)     The Council must establish and maintain, in such form as
the Council may determine, a register containing the
names and places of business of all persons who for the
time being hold an advocacy, litigation or probate licence
and are not licensed conveyancers.

(2)     The Council may make rules specifying the further
information, including information about disciplinary
measures taken, to be recorded in the register in relation
to a person.

(3)     The Council must cause the appropriate entries and
deletions to be made in the register on the issue and
termination of advocacy, litigation and probate licences;
and where any licence held by a person is for the time
being suspended by virtue of any provision of Part 2 of
the Act of 1985 as applied by this Act the Council must
cause that fact to be noted in the register against that
person’s name.

(4)     Any change in a licensed CLC practitioner’s place or
places of business must be notified by that person to the
Council within the period of fourteen days beginning
with the date on which the change takes effect.

(5)     The Council must provide facilities for making the
information contained in the entries in the register
available for inspection in visible and legible form by any
person during office hours and without payment.

(6)     A certificate signed by an officer of the Council appointed
for the purpose and stating—

(a)   that any person does or does not, or did or did not
at any time, hold an advocacy, litigation or
probate licence, or

(b)   that any licence held by any person is or was at
any time either free of conditions or subject to any
particular conditions,

is, unless the contrary is proved, evidence of the facts
stated in the certificate; and a certificate purporting to be
so signed is to be taken to have been so signed unless the
contrary is proved.”;

(f)   for paragraph 8 and the heading preceding it substitute—

“8 Effect of suspension or revocation

(1)     Where a relevant licence ceases to be in force because of—

(a)   a direction under section 24(5) of the Act of 1985,
or

(b)   an order under section 26(2)(a) or (c) of the Act of
1985,

any other relevant licence in force with respect to that
person at the time shall cease to have effect to the same
extent as the licence in question.

(2)     In this paragraph “relevant licence” means—

(a)   an advocacy, litigation or probate licence, or

(b)   a licence under Part 2 of the Act of 1985.”;

(g)   omit paragraph 9 (removal of disqualification from holding an
advocacy, litigation or probate licence);

(h)   omit paragraph 10 (revocation on grounds of fraud or error);

(i)   in paragraph 21 (power to examine files)—


(i)   in sub-paragraph (1)(a) after “licensed conveyancer”
insert “or licensed CLC practitioner”;


(ii)   in sub-paragraph (1) for “the licensed conveyancer”, in
both places it occurs, substitute “the person complained
of”; and

(j)   in paragraph 22 (interest on clients’ money) after “licensed
conveyancer” insert “or licensed CLC practitioner”.

PART 3

AMENDMENTS TO OTHER LEGISLATION

16  (1)     The 2007 Act is amended as follows.

(2)     In section 104(2) (prevention of regulatory conflict: account rules) after
“licensed conveyancer” insert “or licensed CLC practitioner”.

(3)     After section 104(2) insert—

“(3)   In this section “licensed CLC practitioner” means a person,
other than a licensed conveyancer, who holds a licence under
section 53 of the Courts and Legal Services Act 1990.”

(4)     In Schedule 5, in paragraph 11 (authorised persons: rights during
transitional period: licensed conveyancers)—

(a)   after sub-paragraph (1) insert—


“(1A) During the transitional period every individual, not
being a licensed conveyancer, who holds a licence
under section 53 of the Courts and Legal Services Act
1990 is deemed to be authorised by the Council to
administer oaths.”;

(b)   in sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”;

(c)   in sub-paragraph (3) in the opening words—


(i)   after “and every” insert “conveyancing services”;


(ii)   after “provide conveyancing” insert “or other”;

(d)   after sub-paragraph (3) insert—


“(3A) During that period, every CLC practitioner services
body recognised under section 32 of the
Administration of Justice Act 1985 is deemed to be
authorised by the Council to administer oaths.”;

(e)   in sub-paragraph (4) after “sub-paragraph (3)” insert “or (3A)”;

(f)   for sub-paragraph (5) substitute—

“(5)     In this paragraph—

“CLC practitioner services body” has the meaning
given by section 32B of the Administration of
Justice Act 1985;

“conveyancing partnership” means a partnership
at least some of the members of which are
licensed conveyancers, but does not include a
CLC practitioner services body;

“conveyancing services body” has the meaning
given by section 32A of the Administration of
Justice 1985.”;

(g)   in sub-paragraph (6) after “conveyancing licence” insert “or a
licence under section 53 of the Courts and Legal Services Act
1990”.

(5)     In Schedule 24 (index of defined expressions) at the appropriate places
insert—

 
“CLC practitioner services body

paragraph 11 of Schedule 5”
 
“conveyancing services body

paragraph 11 of Schedule 5
 
“licensed CLC practitioner

section 104 (3)”.””
 

Insert the following new Schedule—

“SCHEDULE

OTHER AMENDMENTS TO THE 1985 ACT

1      The Administration of Justice Act 1985 is amended as follows.

2      In section 15 (issue of licences by Council)—

(a)   in subsection (3)(b) for “the period of 42 days beginning with the
date when the application was received by the Council”
substitute “the period prescribed under subsection (3A)”; and

(b)   after subsection (3) insert—


“(3A) The Council must by rules prescribe the period that
applies for the purposes of subsection (3)(b).”.

3      In section 18 (suspension or termination of licences)—

(a)   after subsection (2A) insert—

“(2AA) Where the power conferred by paragraph 6(1) or 9(1) of
Schedule 5 is exercised in relation to a recognised body
by virtue of paragraph 10(1)(a) of Schedule 6, the
exercise of that power shall operate immediately to
suspend any licence under this Part held by a person
who is a manager of the recognised body.

(2AB)    Where the power conferred by paragraph 6(1) or 9(1) of
Schedule 5 is exercised in relation to a recognised body
by virtue of paragraph 10(1)(d) of Schedule 6, the
exercise of that power shall operate immediately to
suspend any licence under this Part held by a person
who is—

(a)   a manager of the recognised body, or

(b)   and employee of the recognised body.

(2AC)    Where the power conferred by paragraph 3(1) or 8(1) of
Schedule 14 to the Legal Services Act 2007 is exercised
in relation to a licensed body by virtue of paragraph
1(2)(d) of that Schedule, the exercise of that power shall
operate immediately to suspend any licence under this
Part held by a person who is—

(a)   a manager of the licensed body, or

(b)   an employee of the licensed body.”

(b)   after subsection (2C) insert—

“(2CA) At the time when the power referred to in subsection
(2AA), (2AB) or (2AC) is exercised, the Council may
direct that subsection (2AA), (2AB) or (2AC) (as the
case may be) is not to apply in relation to a particular
licensed conveyancer.

(2CB)    The Council may give a direction under subsection
(2CA) in relation to a licensed conveyancer only if—

(a)   the Council is satisfied that the licensed
conveyancer did not fail to comply with the
rules applicable to the recognised body by
virtue of section 32, or contribute to the body’s
failure to comply with such rules, in a case
where the Council acts by virtue of paragraph
10(1)(a) of Schedule 6,

(b)   the Council does not suspect the licensed
conveyancer of dishonesty, in a case where the
Council acts by virtue of—


(i)   paragraph 10(1)(d) of Schedule 6, or


(ii)   paragraph 1(2)(d) of Schedule 14 to the
Legal Services Act 2007,

(c)   the Council is satisfied that the licensed
conveyancer was not a manager of the
recognised body when the conduct providing
the basis for the exercise of the power in
paragraph 6(1) or 9(1) of Schedule 5 took place,
in a case where the Council acts by virtue of
paragraph 10(1)(a) of Schedule 6,

(d)   the Council is satisfied that the licensed
conveyancer was not a manager or employee of
the recognised body when the conduct
providing the basis for the exercise of the
power in paragraph 6(1) or 9(1) of Schedule 5 is
suspected of having taken place, in a case
where the Council acts by virtue of paragraph
10(1)(d) of Schedule 6, and

(e)   the Council is satisfied that the licensed
conveyancer was not a manager or employee of
the licensed body when the conduct providing
the basis for the exercise of the power in
paragraph 3(1) or 9(1) of Schedule 14 to the
Legal Services Act 2007 is suspected of having
taken place, in a case when the Council acts by
virtue of paragraph 1(2)(d) of Schedule 14 to
that Act.

(2CC) At the time when the power referred to in subsection
(2AA), (2AB) or (2AC) is exercised, the Council may
direct that such of the licensed conveyancers
concerned as are identified in the direction may
continue to act in relation to any matter specified in the
direction as if their licences had not been suspended by
virtue of subsection (2AA), (2AB) or (2AC) (as the case
may be), subject to such conditions (if any) as the
Council sees fit to impose.”;

(c)   in subsection (2D) after “subsection (2A)” insert “, (2AA), (2AB)
or (2AC)”;

(d)   in subsection (2G) for “the High Court” substitute “the First-tier
Tribunal”; and

(e)   omit subsection (2H).

4      In section 19 (register of licensed conveyancers)—

(a)   after subsection (1) insert—


“(1A) The Council may make rules specifying the further
information, including information about disciplinary
measures taken, to be recorded in the register in
relation to a person”; and

(b)   in subsection (2) omit “accordingly”.

5      In section 20 (rules as to professional practice, conduct and discipline)
omit subsection (2).

6      In section 24 (preliminary investigation of disciplinary cases)—

(a)   in subsection (10) for “High Court” substitute “First-tier
Tribunal”;

(b)   in subsection (11) for “High Court” substitute “First-tier
Tribunal”; and

(c)   omit subsection (12).

7      In section 24A (determination of allegations by investigating
committee)—

(a)   in subsections (8) and (9) for “High Court” substitute “First-tier
Tribunal”; and

(b)   omit subsection (10).

8      In section 26 (proceedings in disciplinary cases)—

(a)   for subsection (7) substitute—

“(7)     Where the Discipline and Appeals Committee make an
order by virtue of subsection (1)—

(a)   the person whom the order is made, or

(b)   the Council,

may appeal to the First-tier Tribunal, and on any such
appeal the First-tier Tribunal may make such order as
it thinks fit.”;

(b)   in subsection (7A) for “High Court” in both places substitute
“First-tier Tribunal”; and

(c)   omit subsection (8).

9      In paragraph 4(2) of Schedule 3 (the Council for Licensed Conveyancers:
supplementary provision: constitution of the Council) omit “by one”.

10     In Schedule 6 (bodies recognised under section 32: supplementary
provisions)—

(a)   in paragraph 3A (allegations to be determined by the
Investigating Committee)—


(i)   in sub-paragraphs (8) and (9) for “High Court” substitute
“First-tier Tribunal”;


(ii)   omit sub-paragraph (10); and

(b)   in paragraph 6 (appeals against orders of the discipline and
appeals committee)—


(i)   for sub-paragraph (1) substitute—

“(1)     Where the Committee make an order by virtue of paragraph
4(1) or (2A) or 5(1)—

(a)   the person as regards whom the order is made, or

(b)   the Council,

may appeal to the First-tier Tribunal, and on any such appeal
the First-tier Tribunal may make such order as it thinks fit.”;

(i)   in sub-paragraph (1A) for “High Court”, in
both places, substitute “First-tier Tribunal”;
and

(ii)   omit sub-paragraph (2).”

Prepared 17th January 2015