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Legal Services Bill [HL]


Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing

269

 

(ca)   

for the suspension or revocation of any such

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

5

any change in its membership, including provision

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

of its business;”,

10

(d)   

in paragraph (d) omit “corporate”,

(e)   

in paragraph (e)—

(i)   

for “a list” substitute “a register”,

(ii)   

omit “corporate”, and

(iii)   

for “, and for the” to the end substitute “and such other

15

information relating to those bodies as may be specified in

the rules;”,

(f)   

after that paragraph insert—

“(ea)   

for information (or information of a specified

description) on such a register to be made available to

20

the public, and about the manner in which and times

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

25

bodies;

(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

30

necessary or expedient;”, and

(h)   

in paragraph (g) after “recognised bodies” insert “or managers or

employees of such bodies”.

      (7)  

After subsection (3) insert—

“(3A)   

Rules under this section may contain such incidental, supplemental,

35

transitional or transitory provisions or savings as the Council

considers necessary or expedient.”

      (8)  

Omit subsections (4) and (5).

      (9)  

In subsection (6)—

(a)   

in paragraph (a) omit “corporate”, and

40

(b)   

in paragraph (b) for “body corporate’s” substitute “body’s”.

     (10)  

After subsection (7) insert—

“(8)   

In this section “conveyancing services body” and “relevant legal

services” have the meaning given by section 32A.

(9)   

The Council is capable of being designated as a licensing authority

45

for the purposes of, and subject to, Part 5 of the Legal Services Act

2007 (alternative business structures).”

 

 

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing

270

 

17         

After section 32 (provision of conveyancing by recognised bodies) insert—

“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

5

(b)   

the services 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.

(3)   

The management and control condition is satisfied in the case of an

10

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.

(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

15

(5) is a licensed conveyancer.

(5)   

Those persons are—

(a)   

the directors of the body, and

(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

20

carrying on a business consisting of the provision of—

(a)   

conveyancing services, or

(b)   

conveyancing services and other relevant legal services.

(7)   

For the purposes of this section—

“authorised person” means an authorised person in relation to

25

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—

(a)   

conveyancing services, and

(b)   

where authorised persons are managers of, or have an

30

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

of reserved legal activities within the meaning of the

Legal Services Act 2007);

35

   

and a person has an interest in a body if the person has an interest in

shares in the body within the meaning of section 71 of the Legal

Services Act 2007.”

18         

In section 33 (legal professional privilege), that section becomes subsection

(1) and after that subsection insert—

40

“(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

business structures).”

 

 

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing

271

 

19         

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

5

administration of oaths.”

20         

In section 35 (penalty for pretending to be a licensed conveyancer or

recognised body), in subsection (2) omit “corporate”.

21         

Section 36 (offences by bodies corporate)—

(a)   

the existing section becomes subsection (1) of that section and in that

10

subsection for “director” to “capacity” substitute “officer of the body

corporate”, and

(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

15

defaults of a member in connection with the member’s

functions of management as it applies to an officer of the

body corporate.

(3)   

Proceedings for an offence under this section alleged to have

been committed by an unincorporated body are to be

20

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

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

25

of an offence under this section is to be paid out of the funds

of that body.

(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

30

charge of an offence against a corporation) have effect in like

manner as in the case of a corporation so charged.

(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

35

be attributable to any neglect on the part of, any officer of the

body or any member of its governing body, that officer or

member as well as the unincorporated body is guilty of the

offence and liable to be proceeded against and punished

accordingly.

40

(7)   

Where an offence under this section committed by 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, a partner, that partner as well as the

partnership is guilty of the offence and liable to be proceeded

45

against and punished accordingly.

 

 

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing

272

 

(8)   

In this section “officer”, in relation to a body corporate,

means—

(a)   

any director, secretary or other similar officer of the

body corporate, or

(b)   

any person who was purporting to act in any such

5

capacity.”

22         

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”.

10

23         

In section 39 (interpretation of Part 2)—

(a)   

in subsection (1), omit the definitions of “director” and “officer”,

(b)   

in that subsection, at the appropriate place insert—

““manager”, in relation to a body, means a person

who—

15

(a)   

if the body is a body corporate whose affairs

are managed by its members, is a member of

the body,

(b)   

if the body is a body corporate and paragraph

(a) does not apply, is a director of the body,

20

(c)   

if the body is a partnership, is a partner, and

(d)   

if the body is an unincorporated body (other

than a partnership), is a member of its

governing body;”, and

(c)   

in the definition of “recognised body” omit “corporate”.

25

24    (1)  

Schedule 3 (Council for Licensed Conveyancers: supplementary provisions)

is amended as follows.

      (2)  

In paragraph 2(1), for “elected or nominated” substitute “appointed”.

      (3)  

In paragraph 2(2), for “elect” substitute “appoint”.

      (4)  

Omit paragraph 2(3).

30

      (5)  

Omit paragraph 3.

      (6)  

In paragraph 4(1)—

(a)   

for “election or nomination” (in both places) substitute

“appointment”,

(b)   

for “election of” substitute “appointment of”, and

35

(c)   

for “elected or nominated” substitute “appointed”.

      (7)  

In paragraph 4(2), for “elected or nominated” (in each place) substitute

“appointed”.

      (8)  

In paragraph 4(3), for the words from “Secretary of State” (in the first place)

to the end substitute “Legal Services Board.”

40

      (9)  

In paragraph 4(4)—

(a)   

for “Secretary of State” (in both places) substitute “Legal Services

Board”,

(b)   

for “him” substitute “it”, and

(c)   

for “he” (in both places) substitute “it”.

45

 

 

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing

273

 

     (10)  

In paragraph 9, for “election or nomination” substitute “appointment”.

25    (1)  

Schedule 4 (the Discipline and Appeals Committee: supplementary

provisions) is amended as follows.

      (2)  

In paragraph 1 (rules of procedure)—

(a)   

omit sub-paragraphs (3) and (4), and

5

(b)   

in sub-paragraph (5), for “paragraphs 2 and 3” substitute “paragraph

2”.

      (3)  

Omit paragraph 3.

26    (1)  

Schedule 5 (intervention in licensed conveyancer’s practice) is amended as

follows.

10

      (2)  

In paragraph 1 (grounds for intervention)—

(a)   

in sub-paragraph (1)(a) after “practice” insert “or former practice or

in connection with any trust of which that licensed conveyancer is or

was a trustee”,

(b)   

in sub-paragraph (1)(b) after “practice” insert “or in connection with

15

any trust”,

(c)   

in sub-paragraph (1)(c), after “section” insert “20, 21(3)(c),”,

(d)   

in sub-paragraph (1)(f) insert after “illness” insert “, injury”,

(e)   

for sub-paragraph (1)(g) substitute—

“(g)   

a licensed conveyancer lacks capacity (within the

20

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;”,

(f)   

after sub-paragraph (1)(h) insert—

25

“(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

conveyancer to protect—

(i)   

the interests of clients (or former or

30

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

a trustee.”, and

35

(g)   

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

“the Council is satisfied”,

40

(c)   

in that paragraph for “was instructed” substitute “is or was acting”,

and

(d)   

in that paragraph after “client” insert “or in connection with any

trust”.

      (4)  

In paragraph 4(2) (continuation of powers after death etc of licensed

45

conveyancer)—

(a)   

after “and (3)” insert “, 6A”,

 

 

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing

274

 

(b)   

for “and (5)” substitute “, (5) and (6)”, and

(c)   

for “10(1)” substitute “10(2) and (7)”.

      (5)  

In paragraph 6 (vesting of sums in Council)—

(a)   

in sub-paragraph (1) after “thereto” insert “and to rules under

paragraph 6B”, and

5

(b)   

in sub-paragraph (2)(a) after “practice” insert “or former practice or

with any trust of which he is or was a trustee”.

      (6)  

After paragraph 6 insert—

“6A   (1)  

Without prejudice to paragraph 5, if the Council passes a

resolution to the effect that any rights to which this paragraph

10

applies shall vest in the Council, those rights shall vest

accordingly.

      (2)  

This paragraph applies to any right to recover or receive debts due

to the licensed conveyancer or his firm in connection with his

practice or former practice.

15

      (3)  

Any sums recovered by the Council by virtue of the exercise of

rights vested under sub-paragraph (1) shall vest in the Council

and shall be held by it on trust to exercise in relation to them the

powers conferred by this Part of this Schedule and, subject to those

powers and to rules under paragraph 6B, upon trust for the

20

persons beneficially entitled to them.

      (4)  

The Council shall serve on the licensed conveyancer or his firm,

and any person who owes a debt to which the order applies a

certified copy of the Council’s resolution.

6B    (1)  

The Council may make rules governing its treatment of sums

25

vested in it under paragraph 6 or 6A(3).

      (2)  

The rules may, in particular, make provision in respect of cases

where the Council is unable to trace the person or persons

beneficially entitled to any sum vested in the Council under

paragraph 6 or 6A(3) (including provision which requires

30

amounts to be paid into or out of a fund maintained under section

21).”

      (7)  

In paragraph 7(1) (holding of sums vested in Council) after “thereto” insert

“and to rules under paragraph 6B”.

      (8)  

In paragraph 8 for “holds money” to the end substitute—

35

“(a)   

holds money on behalf of the licensed conveyancer or his

firm, or

(b)   

has information which is relevant to identifying any

money held by or on behalf of the licensed conveyancer or

his firm,

40

           

the court may require that person to give the Council information

as to any such money and the accounts in which it is held.”

      (9)  

In paragraph 9 (documents)—

(a)   

in sub-paragraph (1)(a)—

(i)   

after “possession” insert “or under the control”, and

45

 

 

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing

275

 

(ii)   

after “practice” insert “or former practice or with any trust of

which the licensed conveyancer is or was a trustee”,

(b)   

in sub-paragraph (1)(b)—

(i)   

after “possession” insert “or under the control”, and

(ii)   

for “to which the complaint relates” substitute “of which the

5

Council is satisfied”,

(c)   

in sub-paragraph (3) after “possession” insert “or control”,

(d)   

in sub-paragraph (5) after “possession” insert “or are under the

control”,

(e)   

after that sub-paragraph insert—

10

   “(5A)  

In the case of a document which consists of information

which is stored in electronic form, the requirement

imposed by a notice under sub-paragraph (1) or an order

under sub-paragraph (4) or (5), is a requirement to produce

or deliver the information in a form in which it is legible or

15

from which it can readily be produced in a legible form.”,

(f)   

in sub-paragraph (6) after “possession of” insert “(a)”,

(g)   

at the end of that sub-paragraph insert—

“(b)   

any property—

(i)   

in the possession or under the control of the

20

licensed conveyancer or his firm, or

(ii)   

in the case of an order under sub-paragraph

(5), which was in the possession or under

the control of such a person and has come

into the possession or under the control of

25

the person in respect of whom the order is

made,

   

which the Council reasonably requires for the

purpose of accessing information contained in such

documents,

30

           

and to use property obtained under paragraph (b) for that

purpose.”,

(h)   

in sub-paragraph (7) after “documents” insert “or other property”,

(i)   

in sub-paragraph (8) after “documents” insert “or other property”,

and

35

(j)   

in sub-paragraph (10) after “documents” insert “or other property”.

     (10)  

For paragraph 10 (mail) substitute—

“Redirection of communications

10    (1)  

The High Court, on the application of the Council, may from time

to time make a communications redirection order.

40

      (2)  

A communications redirection order is an order that specified

communications to the licensed conveyancer or his firm are to be

directed, in accordance with the order, to the Council, or any

person appointed by the Council.

      (3)  

For the purposes of this paragraph—

45

(a)   

“specified communications” means communications of

such description as are specified in the order;

 

 

 
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Revised 24 November 2006