|
| |
|
(a) | in subsection (1) for “by persons” to the end substitute “and other |
| |
services by persons who hold licences in force under this Part or who |
| |
| |
(b) | for subsection (3) substitute— |
| |
“(3) | References in this Part to conveyancing services are |
| 5 |
| |
(a) | the preparation of transfers, conveyances, contracts |
| |
and other documents in connection with, and other |
| |
services ancillary to, the disposition or acquisition of |
| |
estates or interests in land, and |
| 10 |
(b) | any other activities which are reserved instrument |
| |
activities for the purposes of the Legal Services Act |
| |
2007 (see section 12 of and Schedule 2 to that Act). |
| |
(3A) | For the purposes of subsection (3)— |
| |
| 15 |
(i) | does not include a testamentary disposition or |
| |
any disposition in the case of such a lease as is |
| |
referred to in section 54(2) of the Law of |
| |
Property Act 1925 (short leases), but |
| |
(ii) | subject to that, includes in the case of leases |
| 20 |
both their grant and their assignment, and |
| |
(b) | “acquisition” has a corresponding meaning.”, and |
| |
| |
3 | In section 12 (establishment of the Council), omit subsection (2). |
| |
4 (1) | Section 15 (issue of licences by Council) is amended as follows. |
| 25 |
(2) | In subsection (3)(b), for “21” substitute “42”. |
| |
(3) | In subsection (4), for “the period of” to the end substitute “such period, |
| |
beginning with the date of issue of the licence, as may be specified in the |
| |
| |
(4) | Omit subsections (7) and (8). |
| 30 |
5 (1) | Section 16 (conditional licences) is amended as follows. |
| |
| |
(a) | after paragraph (c) insert— |
| |
“(ca) | after the Investigating Committee established under |
| |
section 24 has made any order in his case under |
| 35 |
| |
(b) | after paragraph (e) insert— |
| |
“(ea) | when, having been required by rules made under |
| |
section 22 to deliver to the Council a report by an |
| |
accountant, he has not delivered such a report within |
| 40 |
the period required by the rules; |
| |
(eb) | after having been disqualified under section 99 of the |
| |
Legal Services Act 2007 (disqualification from being |
| |
manager or employee of a licensed body etc); |
| |
(ec) | after his holding of a restricted interest in a licensed |
| 45 |
body has been approved subject to conditions under |
| |
paragraph 17, 28 or 33 of Schedule 13 to that Act |
| |
|
| |
|
| |
|
(ownership of licensed bodies) or objected to under |
| |
paragraph 19, 31 or 36 of that Schedule;”. |
| |
| |
(a) | after “paragraph” insert “(ca),”, and |
| |
(b) | after “(e),” insert “(ea), (eb), (ec),”. |
| 5 |
(4) | In subsection (5) for “or” at the end of paragraph (a) substitute— |
| |
“(aa) | pending the hearing and determination of any appeal |
| |
brought by the applicant under paragraph 18, 20, 29, |
| |
32, 34 or 37 of Schedule 13 to the Legal Services Act |
| |
| 10 |
(ab) | pending the review by a licensing authority, in |
| |
accordance with its licensing rules, of a determination |
| |
that the applicant should be disqualified under |
| |
section 99 of the Legal Services Act 2007; or”. |
| |
(5) | After that subsection insert— |
| 15 |
| |
“licensed body”, “licensing authority” and “licensing rules” |
| |
have the same meaning as in the Legal Services Act 2007 (see |
| |
sections 71, 73 and 83 of that Act); |
| |
“restricted interest”, in relation to a body, has the same meaning |
| 20 |
as in Schedule 13 to that Act (ownership of licensed bodies).” |
| |
6 | After section 16 insert— |
| |
“16A | Additional fee payable by certain persons when applying for licences |
| |
(1) | This section applies where a person applies for a licence at a time |
| |
when section 16 has effect in relation to him by reason of the |
| 25 |
circumstances mentioned in section 16(1)(ea). |
| |
(2) | The application must be accompanied by an additional fee of an |
| |
amount prescribed by rules made by the Council for the purposes of |
| |
| |
7 (1) | Section 17 (imposition of conditions during currency of licence) is amended |
| 30 |
| |
(2) | In subsection (2)(a)— |
| |
(a) | after “paragraph” insert “(ca),”, and |
| |
(b) | after “(e),” insert “(ea), (eb), (ec),”. |
| |
(3) | In subsection (4), for “or” at the end of paragraph (a) substitute— |
| 35 |
“(aa) | pending the hearing and determination of any appeal |
| |
brought by the licensed conveyancer under |
| |
paragraph 18, 20, 29, 32, 34 or 37 of Schedule 13 to the |
| |
| |
(ab) | pending the review by a licensing authority, in |
| 40 |
accordance with its licensing rules, of a determination |
| |
that the licensed conveyancer should be disqualified |
| |
under section 99 of the Legal Services Act 2007; or”. |
| |
|
| |
|
| |
|
(4) | After subsection (5) insert— |
| |
“(6) | In this section “licensing authority” and “licensing rules” have the |
| |
same meaning as in the Legal Services Act 2007 (see sections 73 and |
| |
| |
8 | After section 17 insert— |
| 5 |
“17A | Variation of conditions |
| |
(1) | This section applies where a licensed conveyancer’s licence has effect |
| |
| |
(2) | On an application made by the licensed conveyancer, the Council |
| |
may in prescribed circumstances direct— |
| 10 |
(a) | the removal of a condition; |
| |
(b) | the variation of a condition in the manner described in the |
| |
| |
(3) | “Prescribed” means prescribed by rules made by the Council. |
| |
(4) | Section 14 (applications for licences) applies in relation to an |
| 15 |
application under this section as it applies in relation to applications |
| |
for a licence under this Part.” |
| |
9 | In section 18 (suspension or termination of licences), after subsection (2) |
| |
| |
“(2A) | Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 |
| 20 |
has been exercised in relation to a licensed conveyancer by virtue of |
| |
paragraph 1(1)(a)(i), (aa), (c) or (e) of that Schedule, the exercise of |
| |
that power shall operate immediately to suspend any licence held by |
| |
that person under this Part. |
| |
(2B) | Subsection (2A) does not apply if, at the time when the power |
| 25 |
referred to there is exercised, the Council directs that subsection (2A) |
| |
is not to apply in relation to the licensed conveyancer concerned. |
| |
(2C) | If, at the time when the power referred to in subsection (2A) is |
| |
exercised, the Council gives a direction to that effect, the licensed |
| |
conveyancer concerned may continue to act in relation to any matter |
| 30 |
specified in the direction as if the licence had not been suspended by |
| |
virtue of subsection (2A), but subject to such conditions (if any) as the |
| |
Council sees fit to impose. |
| |
(2D) | Subject to subsection (2E), where a licence is suspended by virtue of |
| |
subsection (2A) the suspension of the licence shall continue until the |
| 35 |
| |
(2E) | The licensed conveyancer may, at any time before the licence expires, |
| |
apply to the Council to terminate the suspension. |
| |
(2F) | On an application under subsection (2E), the Council may in its |
| |
| 40 |
(a) | by order terminate the suspension either unconditionally or |
| |
subject to such conditions as the Council may think fit, or |
| |
(b) | refuse the application. |
| |
|
| |
|
| |
|
(2G) | If on an application by a licensed conveyancer under subsection (2E) |
| |
the Council refuses the application or terminates the suspension |
| |
subject to conditions, the licensed conveyancer may appeal against |
| |
the decision of the Council to the High Court which may— |
| |
(a) | affirm the decision, or |
| 5 |
(b) | terminate the suspension either unconditionally or subject to |
| |
such conditions as it may think fit. |
| |
(2H) | In relation to an appeal under subsection (2G) the High Court may |
| |
make such order as it thinks fit as to payment of costs.” |
| |
10 | In section 20 (rules as to professional practice, conduct and discipline), in |
| 10 |
subsection (1) omit “, in pursuance of its general duty referred to in section |
| |
| |
11 | In section 22 (keeping of accounts and establishment of client accounts)— |
| |
(a) | in subsection (3)(a) omit “qualified”, and |
| |
(b) | for subsections (4) and (5) substitute— |
| 15 |
“(4) | Provision made in rules by virtue of subsection (3)(a) may |
| |
provide that the reports delivered to the Council must be |
| |
reports given by accountants in respect of whom |
| |
requirements prescribed by the rules are met.” |
| |
12 (1) | Section 24 (preliminary investigation of disciplinary cases) is amended as |
| 20 |
| |
| |
(a) | for “preliminary investigation” substitute “consideration”, |
| |
(b) | omit paragraph (b), and |
| |
(c) | omit from “with a view” to the end. |
| 25 |
(3) | After subsection (1) insert— |
| |
“(1A) | The Investigating Committee shall make a preliminary investigation |
| |
of such an allegation and— |
| |
(a) | hear and determine the allegation, or |
| |
(b) | refer the allegation to the Discipline and Appeals Committee |
| 30 |
established under section 25 for hearing and determination |
| |
by that Committee under section 26.” |
| |
| |
(5) | In subsection (3) omit— |
| |
| 35 |
(b) | “or complaint” (in both places), and |
| |
| |
(6) | After subsection (4) insert— |
| |
“(4A) | The Council shall make rules as to the cases in which the |
| |
Investigating Committee may hear and determine an allegation, and |
| 40 |
the cases in which they must refer an allegation to the Discipline and |
| |
| |
(7) | In subsection (5) omit “or complaint” (in both places). |
| |
|
| |
|
| |
|
(8) | After that subsection insert— |
| |
“(6) | Before making a direction under subsection (5), the Investigating |
| |
Committee must give the licensed conveyancer an opportunity to |
| |
make representations against the making of the proposed direction. |
| |
(7) | In relation to proceedings under subsection (6), the Investigating |
| 5 |
Committee may make such order as they think fit as to the payment |
| |
| |
| |
(b) | the licensed conveyancer. |
| |
(8) | Where a direction under subsection (5) has been made, the licensed |
| 10 |
conveyancer may appeal to the Discipline and Appeals Committee, |
| |
and on any such appeal the Committee may make such order as they |
| |
| |
(9) | Where an order has been made under subsection (7) the Council or |
| |
the licensed conveyancer may appeal to the Discipline and Appeals |
| 15 |
Committee, and on any such appeal the Committee may make such |
| |
| |
(10) | Where an order is made by the Discipline and Appeals Committee |
| |
under subsections (8) or (9)— |
| |
(a) | the person against whom the order is made, and |
| 20 |
(b) | if not within paragraph (a), the Council, |
| |
| may appeal against the order to the High Court. |
| |
(11) | On an appeal under subsection (10) the High Court may make such |
| |
| |
(12) | The decision of the High Court on an appeal under subsection (10) |
| 25 |
| |
13 | After section 24 insert— |
| |
“24A | Determination of allegations by Investigating Committee |
| |
(1) | Where, on hearing an allegation by virtue of section 24(1A)(a), the |
| |
Investigating Committee are satisfied that a licensed conveyancer— |
| 30 |
(a) | has, while holding a licence in force under this Part, failed to |
| |
comply with any condition to which that licence was subject, |
| |
| |
(b) | has failed to comply with any rules made by the Council |
| |
| 35 |
| the Committee may, if they think fit, make an order directing the |
| |
payment by the licensed conveyancer of a penalty to be forfeited to |
| |
| |
(2) | In relation to proceedings before the Investigating Committee by |
| |
virtue of section 24(1A)(a), the Committee may make such order as |
| 40 |
they consider fit as to the payment of costs by— |
| |
| |
(b) | the licensed conveyancer against whom the proceedings |
| |
| |
(c) | if the person on whose allegation the proceedings were |
| 45 |
brought was heard (in person, or through a representative) |
| |
|
| |
|
| |
|
by the Committee in the course of the proceedings, that |
| |
| |
(3) | In subsection (2), for the purposes of paragraph (a) or (b) of that |
| |
subsection, the reference to costs includes costs incurred in |
| |
connection with a preliminary investigation of the allegation under |
| 5 |
| |
(4) | The amount of any penalty required to be paid under subsection (1) |
| |
may not exceed such amount as may be prescribed by rules made by |
| |
the Council for the purposes of this subsection. |
| |
(5) | Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation |
| 10 |
| |
(a) | proceedings for the hearing and determination of an |
| |
allegation by the Investigating Committee, as they have effect |
| |
in relation to proceedings before the Discipline and Appeals |
| |
Committee under section 26, and |
| 15 |
(b) | orders of the Investigating Committee, as they have effect in |
| |
relation to orders of the Discipline and Appeals Committee. |
| |
(6) | A person against whom an order is made by the Investigating |
| |
Committee by virtue of subsection (1) may appeal to the Discipline |
| |
and Appeals Committee, and on any such appeal the Discipline and |
| 20 |
Appeals Committee may make such order as they think fit. |
| |
(7) | Where an order is made by the Investigating Committee by virtue of |
| |
subsection (2), a person listed in paragraphs (a) to (c) of that |
| |
subsection may appeal to the Discipline and Appeals Committee, |
| |
and on any such appeal the Discipline and Appeals Committee may |
| 25 |
make such order as they think fit. |
| |
(8) | Where an order is made by the Discipline and Appeals Committee |
| |
under subsection (6) or (7)— |
| |
(a) | a party to the appeal, or |
| |
(b) | if not within paragraph (a), the Council, |
| 30 |
| may appeal against the order to the High Court. |
| |
(9) | On an appeal under subsection (8) the High Court may make such |
| |
| |
(10) | The decision of the High Court on an appeal under subsection (8) |
| |
| 35 |
14 | In section 25 (the Discipline and Appeals Committee), in subsection (1)(b) |
| |
for “sections 27 to” substitute “section 24A, 27, 28 or”. |
| |
15 (1) | Section 26 (proceedings in disciplinary cases) is amended as follows. |
| |
(2) | In subsection (1) after “allegation” insert “referred to them under section |
| |
| 40 |
| |
(a) | in paragraph (e), for “£3,000” substitute “such amount as may be |
| |
prescribed by rules made by the Council for the purposes of this |
| |
| |
|
| |
|
| |
|
(b) | for paragraph (f) substitute— |
| |
“(f) | an order reprimanding the licensed conveyancer.”, |
| |
| |
| |
(4) | After subsection (2) insert— |
| 5 |
“(2A) | In relation to proceedings before the Discipline and Appeals |
| |
Committee under this section, the Committee may make such order |
| |
as they consider fit as to the payment of costs by— |
| |
| |
(b) | the licensed conveyancer against whom the proceedings |
| 10 |
| |
(c) | if the person on whose allegation the proceedings were |
| |
brought was heard (in person, or through a representative) |
| |
by the Committee in the course of the proceedings, that |
| |
| 15 |
(2B) | In subsection (2A), for the purposes of paragraph (a) or (b) of that |
| |
subsection, the reference to costs includes costs incurred in |
| |
connection with a preliminary investigation of the allegation under |
| |
| |
(5) | Omit subsections (5) and (6). |
| 20 |
(6) | After subsection (7) insert— |
| |
“(7A) | Where the Discipline and Appeals Committee make an order under |
| |
subsection (2A), a person listed in paragraphs (a) to (c) of that |
| |
subsection may appeal to the High Court, and on any such appeal |
| |
the High Court may make such order as it thinks fit.” |
| 25 |
(7) | In subsection (8), after “(7)” insert “or (7A)”. |
| |
16 | In section 27 (removal of disqualification from holding a licence), after |
| |
| |
“(3) | In relation to proceedings on an application under subsection (1), the |
| |
Discipline and Appeals Committee may make such order as they |
| 30 |
consider fit as to the payment of costs by— |
| |
| |
| |
17 | In section 28 (revocation of licence on grounds of fraud or error), after |
| |
| 35 |
“(5) | In relation to proceedings for the revocation of a licence under |
| |
subsection (1), the Discipline and Appeals Committee may make |
| |
such order as they consider fit as to the payment of costs by— |
| |
| |
(b) | the licensed conveyancer to whose licence the proceedings |
| 40 |
| |
(6) | In relation to proceedings on an application under subsection (2), the |
| |
Discipline and Appeals Committee may make such order as they |
| |
consider fit as to the payment of costs by— |
| |
| 45 |
|
| |
|