|
| |
|
| |
18 | In section 29 (appeals from decisions of Council in relation to licences)— |
| |
(a) | in subsection (1), omit “or” at the end of paragraph (b), |
| |
(b) | in that subsection, at the end of paragraph (c) insert “or |
| |
(d) | refuses an application made by that person under |
| 5 |
| |
(c) | in subsection (2), after paragraph (b) insert— |
| |
“(ba) | in the case of an appeal under subsection (1)(d), by |
| |
order direct the Council to grant the application;”. |
| |
19 (1) | Section 31 (application of Schedule 5) is amended as follows. |
| 10 |
(2) | In subsection (2) omit— |
| |
(a) | “or complaint” (in each place), and |
| |
| |
(3) | In subsection (3), for “and 12” substitute “to 12A”. |
| |
(4) | In subsection (4) omit “or complaint”. |
| 15 |
20 (1) | Section 32 (provision of conveyancing services by recognised bodies) is |
| |
| |
(2) | In subsection (1)(a) for “by licensed” (in the first place) to the end substitute |
| |
“of conveyancing services bodies;”. |
| |
(3) | In subsection (1)(b) for “such services” substitute “conveyancing services or |
| 20 |
other relevant legal services”. |
| |
(4) | After subsection (1)(b) insert— |
| |
“(ba) | prescribing the Council’s arrangements for authorising |
| |
recognised bodies, for the purposes of the Legal Services Act |
| |
2007, to carry on reserved instrument activities, or the |
| 25 |
administration of oaths, within the meaning of that Act;”. |
| |
(5) | In subsection (1)(c) for “conditions” substitute “requirements”. |
| |
(6) | In subsection (2) omit “corporate”. |
| |
| |
(a) | in paragraph (a) after “section” insert “, or for the renewal of such |
| 30 |
| |
(b) | after that paragraph insert— |
| |
“(aa) | for the payment of fees in connection with other |
| |
applications under the rules;”, |
| |
(c) | for paragraph (c) substitute— |
| 35 |
“(c) | about the time when any recognition granted under |
| |
this section, or renewal of such recognition, takes |
| |
effect and the period for which it is (subject to the |
| |
provisions of this Part) to remain in force; |
| |
(ca) | for the suspension or revocation of any such |
| 40 |
recognition, on such grounds and in such |
| |
circumstances as may be prescribed in the rules; |
| |
(cb) | about the effect on the recognition of a partnership or |
| |
other unincorporated body (“the existing body”) of |
| |
any change in its membership, including provision |
| 45 |
|
| |
|
| |
|
for the existing body’s recognition to be transferred |
| |
where the existing body ceases to exist and another |
| |
body succeeds to the whole or substantially the whole |
| |
| |
| 5 |
| |
(i) | for “a list” substitute “a register”, |
| |
(ii) | omit “corporate”, and |
| |
(iii) | for “, and for the” to the end substitute “and such other |
| |
information relating to those bodies as may be specified in |
| 10 |
| |
(f) | after that paragraph insert— |
| |
“(ea) | for information (or information of a specified |
| |
description) on such a register to be made available to |
| |
the public, and about the manner in which and times |
| 15 |
at which, information is to be made so available;”, |
| |
(g) | after paragraph (f) insert— |
| |
“(fa) | about the education and training requirements to be |
| |
met by managers and employees of recognised |
| |
| 20 |
(fb) | for rules made under any other provision of this Part |
| |
to have effect in relation to managers and employees |
| |
of recognised bodies with such additions, omissions |
| |
or other modifications as appear to the Council to be |
| |
necessary or expedient;”, and |
| 25 |
(h) | in paragraph (g) after “recognised bodies” insert “or managers or |
| |
employees of such bodies”. |
| |
(8) | After subsection (3) insert— |
| |
“(3A) | Rules made by the Council may provide for the Council to grant a |
| |
body recognition under this section subject to one or more |
| 30 |
| |
(3B) | At any time while a body is recognised under this section, the |
| |
Council may, in such circumstances as may be prescribed, direct that |
| |
the body’s recognition is to have effect subject to such conditions as |
| |
the Council may think fit. |
| 35 |
| “Prescribed” means prescribed by rules made by the Council. |
| |
(3C) | The conditions which may be imposed under subsection (3A) or (3B) |
| |
| |
(a) | conditions restricting the kinds of conveyancing services that |
| |
may be provided by the body; |
| 40 |
(b) | conditions imposed by reference to criteria of general |
| |
| |
(c) | conditions requiring the body to take any specified steps that |
| |
will, in the opinion of the Council, be conducive to the body |
| |
carrying on an efficient business; |
| 45 |
| and conditions may be imposed despite the fact that they may result |
| |
in expenditure being incurred by the body. |
| |
(3D) | On an application made by a recognised body, the Council may, in |
| |
such circumstances as may be prescribed, direct— |
| |
|
| |
|
| |
|
(a) | the removal of a condition subject to which the body’s |
| |
| |
(b) | the variation of such a condition in the manner described in |
| |
| |
(3E) | For the purposes of subsection (3D)— |
| 5 |
(a) | section 14 applies in relation to an application under that |
| |
subsection as it applies in relation to an application for a |
| |
licence under this Part of this Act, and |
| |
(b) | “prescribed” means prescribed by rules made by the Council. |
| |
(3F) | Rules under subsection (3A) or (3B) may make provision about when |
| 10 |
conditions imposed take effect (including provision conferring |
| |
power on the Council to direct that a condition is not to have effect |
| |
until the conclusion of any appeal in relation to it). |
| |
(3G) | Rules under this section may contain such incidental, supplemental, |
| |
transitional or transitory provisions or savings as the Council |
| 15 |
considers necessary or expedient.” |
| |
(9) | Omit subsections (4) and (5). |
| |
| |
(a) | in paragraph (a) omit “corporate”, and |
| |
(b) | for paragraph (b) substitute— |
| 20 |
“(b) | that a body’s recognition under this section does not |
| |
have effect subject to any conditions or has effect |
| |
subject to any particular conditions,”. |
| |
(11) | After subsection (7) insert— |
| |
“(8) | In this section “conveyancing services body” and “relevant legal |
| 25 |
services” have the meaning given by section 32A. |
| |
(9) | The Council is capable of being designated as a licensing authority |
| |
for the purposes of, and subject to, Part 5 of the Legal Services Act |
| |
2007 (alternative business structures).” |
| |
21 | After section 32 (provision of conveyancing by recognised bodies) insert— |
| 30 |
“32A | Conveyancing services bodies |
| |
(1) | For the purposes of section 32 a “conveyancing services body” means |
| |
a body (corporate or unincorporate) in respect of which— |
| |
(a) | the management and control condition, and |
| |
(b) | the services condition, |
| 35 |
| |
(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. |
| |
(3) | The management and control condition is satisfied in the case of an |
| |
unincorporated body (other than a partnership), or a body corporate |
| 40 |
which is managed by its members, if at least one of those members is |
| |
| |
|
| |
|
| |
|
(4) | The management and control condition is satisfied in the case of any |
| |
other body corporate if at least one of the persons within subsection |
| |
(5) is a licensed conveyancer. |
| |
| |
(a) | the directors of the body, and |
| 5 |
(b) | the persons who have an interest in the body. |
| |
(6) | The services condition is satisfied in respect of a body if the body is |
| |
carrying on a business consisting of the provision of— |
| |
(a) | conveyancing services, or |
| |
(b) | conveyancing services and other relevant legal services. |
| 10 |
(7) | For the purposes of this section— |
| |
“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); |
| |
“relevant legal services”, in relation to a body, means— |
| 15 |
(a) | conveyancing services, and |
| |
(b) | where authorised persons are managers of, or have an |
| |
interest in, the body, services such as are provided by |
| |
individuals practising as such authorised persons |
| |
(whether or not those services involve the carrying on |
| 20 |
of reserved legal activities within the meaning of the |
| |
Legal Services Act 2007); |
| |
| and a person has an interest in a body if the person has an interest in |
| |
shares in the body within the meaning of Part 5 of the Legal Services |
| |
Act 2007 (see sections 72 and 109 of that Act).” |
| 25 |
22 | In section 33 (legal professional privilege), that section becomes subsection |
| |
(1) and after that subsection insert— |
| |
“(2) | Subsection (1)(b) does not apply to a recognised body which holds a |
| |
licence under Part 5 of the Legal Services Act 2007 (alternative |
| |
| 30 |
23 | After that section insert— |
| |
“33A | Administration of oaths by licensed conveyancers |
| |
The Council may make rules prescribing its arrangements for |
| |
authorising licensed conveyancers, for the purposes of the Legal |
| |
Services Act 2007, to carry on activities which consist of the |
| 35 |
administration of oaths.” |
| |
24 | In section 34 (modification of existing enactments relating to conveyancing |
| |
etc), omit subsection (2)(c) to (e). |
| |
25 | In section 35 (penalty for pretending to be a licensed conveyancer or |
| |
recognised body), in subsection (2) omit “corporate”. |
| 40 |
26 | In section 36 (offences by bodies corporate)— |
| |
(a) | the existing section becomes subsection (1) of that section and in that |
| |
subsection for “director” to “capacity” substitute “officer of the body |
| |
| |
|
| |
|
| |
|
(b) | and after that subsection insert— |
| |
“(2) | Where the affairs of a body corporate are managed by its |
| |
members, subsection (1) applies in relation to the acts and |
| |
defaults of a member in connection with the member’s |
| |
functions of management as it applies to an officer of the |
| 5 |
| |
(3) | Proceedings for an offence under this section alleged to have |
| |
been committed by an unincorporated body are to be |
| |
brought in the name of that body (and not in that of any of its |
| |
members) and, for the purposes of any such proceedings, any |
| 10 |
rules of court relating to the service of documents have effect |
| |
as if that body were a corporation. |
| |
(4) | A fine imposed on an unincorporated body on its conviction |
| |
of an offence under this section is to be paid out of the funds |
| |
| 15 |
(5) | If an unincorporated body is charged with an offence under |
| |
this section, section 33 of the Criminal Justice Act 1925 and |
| |
Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on |
| |
charge of an offence against a corporation) have effect in like |
| |
manner as in the case of a corporation so charged. |
| 20 |
(6) | Where an offence under this section committed by an |
| |
unincorporated body (other than a partnership) is proved to |
| |
have been committed with the consent or connivance of, or to |
| |
be attributable to any neglect on the part of, any officer of the |
| |
body or any member of its governing body, that officer or |
| 25 |
member as well as the unincorporated body is guilty of the |
| |
offence and liable to be proceeded against and punished |
| |
| |
(7) | Where an offence under this section committed by a |
| |
partnership is proved to have been committed with the |
| 30 |
consent or connivance of, or to be attributable to any neglect |
| |
on the part of, a partner, that partner as well as the |
| |
partnership is guilty of the offence and liable to be proceeded |
| |
against and punished accordingly. |
| |
(8) | In this section “officer”, in relation to a body corporate, |
| 35 |
| |
(a) | any director, secretary or other similar officer of the |
| |
| |
(b) | any person who was purporting to act in any such |
| |
| 40 |
27 | In section 38 (rules)— |
| |
(a) | omit subsection (1), and |
| |
(b) | in subsection (2) for “such rules” substitute “rules made by the |
| |
Council under this Part”. |
| |
28 | In section 39(1) (interpretation of Part 2)— |
| 45 |
(a) | in the definition of “client”, in paragraph (a) omit “or his firm”, |
| |
(b) | omit the definitions of “director” and “officer”, |
| |
|
| |
|
| |
|
(c) | at the appropriate place insert— |
| |
““manager”, in relation to a body, has the same meaning |
| |
as in the Legal Services Act 2007 (see section 208 of |
| |
| |
(d) | in the definition of “recognised body” omit “corporate”. |
| 5 |
29 (1) | Schedule 3 (Council for Licensed Conveyancers: supplementary provisions) |
| |
| |
(2) | In paragraph 2(1), for “elected or nominated” substitute “appointed”. |
| |
(3) | In paragraph 2(2), for “elect” substitute “appoint”. |
| |
| 10 |
| |
| |
(a) | for “election or nomination” (in both places) substitute |
| |
| |
(b) | for “election of” substitute “appointment of”, and |
| 15 |
(c) | for “elected or nominated” substitute “appointed”. |
| |
(7) | In paragraph 4(2), for “elected or nominated” (in each place) substitute |
| |
| |
(8) | In paragraph 4(3), for the words from “Secretary of State” (in the first place) |
| |
to the end substitute “Legal Services Board.” |
| 20 |
| |
(a) | for “Secretary of State” (in both places) substitute “Legal Services |
| |
| |
(b) | for “him” substitute “it”, and |
| |
(c) | for “he” (in both places) substitute “it”. |
| 25 |
(10) | In paragraph 9, for “election or nomination” substitute “appointment”. |
| |
(11) | In paragraph 10 for “Secretary of State” (in both places) substitute “Lord |
| |
| |
(12) | In paragraph 11(3) for “Secretary of State” substitute “Lord Chancellor”. |
| |
30 (1) | Schedule 4 (the Discipline and Appeals Committee: supplementary |
| 30 |
provisions) is amended as follows. |
| |
(2) | In paragraph 1 (rules of procedure)— |
| |
(a) | omit sub-paragraphs (3) and (4), and |
| |
(b) | in sub-paragraph (5), for “paragraphs 2 and 3” substitute “paragraph |
| |
| 35 |
| |
31 (1) | Schedule 5 (intervention in licensed conveyancer’s practice) is amended as |
| |
| |
(2) | In paragraph 1 (grounds for intervention)— |
| |
(a) | in sub-paragraph (1)(a) after “practice” insert “or former practice or |
| 40 |
in connection with any trust of which that licensed conveyancer is or |
| |
| |
|
| |
|
| |
|
(b) | after that sub-paragraph insert— |
| |
“(aa) | the Council has reason to suspect dishonesty on the |
| |
part of a licensed conveyancer (“L”) in connection |
| |
| |
(i) | the business of any person of whom L is or |
| 5 |
was an employee, or of any body of which |
| |
L is or was a manager, or |
| |
(ii) | any business which is or was carried on by |
| |
| |
(c) | in sub-paragraph (1)(b) after “practice” insert “or in connection with |
| 10 |
| |
(d) | in sub-paragraph (1)(c), after “section” insert “20, 21(3)(c),”, |
| |
(e) | after sub-paragraph (1)(e) insert— |
| |
“(ea) | the Council is satisfied that a licensed conveyancer |
| |
has abandoned his practice; |
| 15 |
(eb) | the Council is satisfied that a licensed conveyancer |
| |
has been practising in breach of any conditions |
| |
subject to which his licence has effect;”, |
| |
(f) | in sub-paragraph (1)(f) insert after “illness” insert “, injury”, |
| |
(g) | for sub-paragraph (1)(g) substitute— |
| 20 |
“(g) | a licensed conveyancer lacks capacity (within the |
| |
meaning of the Mental Capacity Act 2005) to act as |
| |
a licensed conveyancer and powers under section |
| |
15 to 20 or section 48 of that Act are exercisable in |
| |
relation to the licensed conveyancer;”, |
| 25 |
(h) | after sub-paragraph (1)(h) insert— |
| |
“(i) | the Council is satisfied that it is necessary to |
| |
exercise the powers conferred by Part 2 of this |
| |
Schedule (or any of them) in relation to a licensed |
| |
| 30 |
(i) | the interests of clients (or former or |
| |
potential clients) of the licensed |
| |
conveyancer or his firm, or |
| |
(ii) | the interests of the beneficiaries of any trust |
| |
of which the licensed conveyancer is or was |
| 35 |
| |
(i) | omit sub-paragraph (2). |
| |
(3) | In paragraph 3 (intervention following an undue delay)— |
| |
(a) | for “10(3)” substitute “10(9)”, |
| |
(b) | in paragraph (a) for “a complaint is made to the Council” substitute |
| 40 |
“the Council is satisfied”, |
| |
(c) | in that paragraph for “was instructed” substitute “is or was acting”, |
| |
| |
(d) | in that paragraph after “client” insert “or in connection with any |
| |
| 45 |
(4) | In paragraph 4(2) (continuation of powers after death etc of licensed |
| |
| |
(a) | after “and (3)” insert “, 6A”, |
| |
(b) | for “and (5)” substitute “, (5) and (6)”, and |
| |
(c) | for “10(1)” substitute “10(2) and (7)”. |
| 50 |
|
| |
|