Legal Services Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Part 5 — Alternative business structures
53

94
Enforcement of notices under section 93
(1)
Where a person is unable to comply with a notice given to the person under
section 93, the person must give the licensing authority a notice to that effect
stating the reasons why the person cannot comply.
(2)
If a person refuses or otherwise fails to comply with a notice under section 93,
5
the licensing authority may apply to the High Court for an order requiring the
person to comply with the notice or with such directions for the like purpose
as may be contained in the order.
95
Financial penalties
(1)
A licensing authority may, in accordance with its licensing rules, impose on a
10
licensed body, or a manager or employee of a licensed body, a penalty of such
amount as it considers appropriate.
(2)
The amount must not exceed the maximum amount prescribed under
subsection (3).
(3)
The Board must make rules prescribing the maximum amount of a penalty
15
which may be imposed under this section.
(4)
Rules may only be made under subsection (3) with the consent of the Lord
Chancellor.
(5)
A penalty under this section is payable to the licensing authority.
(6)
For the purposes of this section—
20
(a)
references to a licensed body are to a body which was a licensed body
at the time the act or omission in respect of which the penalty is
imposed occurred, and
(b)
references to a manager or employee of a licensed body are to a person
who was a manager or employee of a licensed body at that time,
25

(whether or not the body subsequently ceased to be a licensed body or the
person subsequently ceased to be a manager or employee).
(7)
In sections 96 and 97 references to a “penalty” are to a penalty under this
section.
96
Appeals against financial penalties
30
(1)
A person on whom a penalty is imposed under section 95 may, before the end
of such period as may be prescribed by rules made by the Board, appeal to the
relevant appellate body on one or more of the appeal grounds.
(2)
The appeal grounds are—
(a)
that the imposition of the penalty is unreasonable in all the
35
circumstances of the case;
(b)
that the amount of the penalty is unreasonable;
(c)
that it is unreasonable of the licensing authority to require the penalty
imposed or any portion of it to be paid by the time or times by which it
was required to be paid.
40
(3)
On any such appeal, where the relevant appellate body considers it
appropriate to do so in all the circumstances of the case and is satisfied of one
or more of the appeal grounds, that body may—

Legal Services Bill [HL]
Part 5 — Alternative business structures
54

(a)
quash the penalty,
(b)
substitute a penalty of such lesser amount as it considers appropriate,
or
(c)
in the case of the appeal ground in subsection (2)(c), substitute for any
time imposed by the licensing authority a different time or times.
5
(4)
Where the relevant appellate body substitutes a penalty of a lesser amount it
may require the payment of interest on the substituted penalty at such rate,
and from such time, as it considers just and equitable.
(5)
Where the relevant appellate body specifies as a time by which the penalty, or
a portion of the penalty, is to be paid a time before the determination of the
10
appeal under this section it may require the payment of interest on the penalty,
or portion, from that time at such rate as it considers just and equitable.
(6)
A party to the appeal may appeal to the High Court on a point of law arising
from the decision of the relevant appellate body, but only with the permission
of the High Court.
15
(7)
The High Court may make such order as it thinks fit.
(8)
Except as provided by this section, the validity of a penalty is not to be
questioned by any legal proceedings whatever.
97
Recovery of financial penalties
(1)
If the whole or any part of a penalty is not paid by the time by which, in
20
accordance with licensing rules, it is required to be paid, the unpaid balance
from time to time carries interest at the rate for the time being specified in
section 17 of the Judgments Act 1838 (c. 110).
(2)
Where a penalty, or any portion of it, has not been paid by the time by which,
in accordance with licensing rules, it is required to be paid and—
25
(a)
no appeal relating to the penalty has been made under section 96
during the period within which such an appeal can be made, or
(b)
an appeal has been made under that section and determined or
withdrawn,

the licensing authority may recover from the person on whom the penalty was
30
imposed, as a debt due to the licensing authority, any of the penalty and any
interest which has not been paid.
(3)
A licensing authority must pay into the Consolidated Fund any sum received
by it as a penalty (or as interest on a penalty).
98
Referral of employees etc to appropriate regulator
35
(1)
The relevant licensing authority may refer to an appropriate regulator any
matter relating to the conduct of—
(a)
an employee or manager of a licensed body;
(b)
a person designated as a licensed body’s Head of Legal Practice or
Head of Finance and Administration.
40
(2)
The licensing authority may also refer any matter relating to the conduct of
such a person to the Board.
(3)
Appropriate regulators are—

Legal Services Bill [HL]
Part 5 — Alternative business structures
55

(a)
if the person is an authorised person in relation to a reserved legal
activity, any relevant approved regulator in relation to that person, and
(b)
if the person carries on non-reserved activities, any person who
exercises regulatory functions in relation to the carrying on of such
activities by the person.
5
99
Disqualification
(1)
A licensing authority may in accordance with its licensing rules disqualify a
person from one or more of the activities mentioned in subsection (2) if—
(a)
the disqualification condition is satisfied in relation to the person, and
(b)
the licensing authority is satisfied that it is undesirable for the person to
10
engage in that activity or those activities.
(2)
The activities are—
(a)
acting as Head of Legal Practice of any licensed body,
(b)
acting as Head of Finance and Administration of any licensed body,
(c)
being a manager of any licensed body, or
15
(d)
being employed by any licensed body.
(3)
The disqualification condition is satisfied in relation to a person if, in relation
to a licensed body licensed by the licensing authority, the person (intentionally
or through neglect)—
(a)
breaches a relevant duty to which the person is subject, or
20
(b)
causes, or substantially contributes to, a significant breach of the terms
of the licensed body’s licence.
(4)
The relevant duties are—
(a)
the duties imposed on a Head of Legal Practice by section 91,
(b)
the duties imposed on a Head of Finance and Administration by section
25
92,
(c)
the duties imposed by section 177 on regulated persons (within the
meaning of that section), and
(d)
the duty imposed on non-authorised persons by section 90.
100
Lists of disqualified persons
30
(1)
The Board must keep lists of persons who are disqualified from—
(a)
acting as Head of Legal Practice of any licensed body,
(b)
acting as Head of Finance and Administration of any licensed body,
(c)
being a manager of any licensed body, or
(d)
being employed by any licensed body.
35
(2)
A person is disqualified from acting in a way mentioned in subsection (1) if—
(a)
the person has been disqualified from so acting by a licensing authority
under section 99, and
(b)
the disqualification continues in force.
(3)
The disqualification ceases to be in force if the appropriate licensing authority
40
so determines, on a review or otherwise, in accordance with licensing rules
made under paragraph 23 of Schedule 11.
(4)
The appropriate licensing authority is—

Legal Services Bill [HL]
Part 5 — Alternative business structures
56

(a)
the licensing authority which disqualified the person, or
(b)
if the person was disqualified by an approved regulator which is no
longer designated as a licensing authority, the successor licensing
authority.
(5)
The successor licensing authority is—
5
(a)
the licensing authority which licenses the body in relation to which the
disqualification condition (within the meaning of section 99) was
satisfied in respect of the person, or
(b)
if there is no such licensing authority, the licensing authority
designated by the Board on an application by the disqualified person.
10
(6)
The Board must publish the lists kept by it under subsection (1).
101
Suspension and revocation of licence
(1)
A licensing authority may, in accordance with its licensing rules, suspend or
revoke any licence granted by it under this Part.
(2)
A licence is to be treated as not being in force at any time while it is suspended
15
under this section.
102
Intervention
Schedule 14 confers powers of intervention on licensing authorities.
103
Regulatory conflict and the Board as licensing authority
(1)
Sections 52 and 54 (regulatory conflict between approved regulators and
20
between approved regulators and other regulators) apply in relation to the
Board in its capacity as a licensing authority and its licensing rules as they
apply in relation to an approved regulator (including the Board in its capacity
as approved regulator) and its regulatory arrangements.
(2)
Section 68 (regulatory conflict and the Board as approved regulator) applies in
25
relation to the Board in its capacity as a licensing authority and its licensing
rules as it applies in relation to the Board in its capacity as an approved
regulator and its regulatory arrangements.
104
Prevention of regulatory conflict: accounts rules
(1)
Where a licensed body carries on an activity through a solicitor, the rules made
30
under paragraph 20 of Schedule 11 apply instead of those made under sections
32 to 34 of the Solicitors Act 1974 (c. 47).
(2)
Where a licensed body carries on an activity through a licensed conveyancer,
the rules made under paragraph 20 of Schedule 11 apply instead of those made
under sections 22 and 23 of the Administration of Justice Act 1985 (c. 61).
35