CIPA acting as a licensing authority
Interpretation
6. In articles 7 and 8—
(a)references to CIPA are to CIPA acting in its role as a licensing authority; and
(b)references to a licensed body are to a licensed body in relation to which CIPA is a relevant licensing authority within the meaning of Part 5 of the 2007 Act(1).
Power to require payment of investigation costs
7.—(1) In this article—
“disciplinary measure”, in relation to a relevant person, includes an arrangement where—
the relevant person gives to CIPA an undertaking to do or not to do (or to cease doing) anything specified in the undertaking; and
any breach of that undertaking is liable to result in the imposition by CIPA of one or more other disciplinary measures on that relevant person;
“relevant person” means—
a licensed body; or
any manager or employee of a licensed body.
(2) Where—
(a)CIPA imposes a disciplinary measure on a relevant person, and
(b)the measure is imposed following an investigation conducted by CIPA,
CIPA may, in accordance with licensing rules, also require that relevant person to pay an amount to CIPA in respect of the whole or any part of the costs incurred by CIPA in conducting the investigation.
(3) For the purpose of giving effect to paragraph (2), CIPA must make licensing rules which make provision—
(a)as to the criteria and procedure to be applied by CIPA in determining—
(i)whether to require a relevant person to make a payment under paragraph (2); and
(ii)the amount of any such payment;
(b)as to arrangements for payment, including the time within which the payment is to be made; and
(c)for appeals to be made to the First-tier Tribunal or the High Court against any decision made by CIPA under this article.
(4) If the whole or part of any payment required under paragraph (2) is unpaid at the time by which it is required to be paid, CIPA may recover the unpaid balance as a debt due to it from the relevant person.
Power to issue a notice, warning or reprimand
8.—(1) CIPA may issue a notice, warning or reprimand in respect of any breach of the terms of a licensed body’s licence and cause this to be noted against any record (public or private) of that licence.
(2) CIPA may, if it considers it appropriate to do so in any particular case, communicate to the public that it has issued a notice, warning or reprimand to a licensed body under paragraph (1).
(3) For the purpose of giving effect to paragraph (1), CIPA must make licensing rules which specify—
(a)the breaches of the terms of a licensed body’s licence in respect of which CIPA may issue a notice, warning or reprimand under paragraph (1);
(b)the criteria and procedure to be applied by CIPA in determining whether to issue any such notice, warning or reprimand;
(c)the form that any such notice, warning or reprimand may take and the procedure by which it may be issued; and
(d)the criteria and procedure to be applied by CIPA in determining whether it is appropriate to communicate any such notice, warning or reprimand to the public.
“Relevant licensing authority” is defined in section 73(4) of the Legal Services Act 2007.