3. In articles 4 and 5 references to CIPA are to CIPA acting in its capacity as an approved regulator (other than in its role, if any, as a licensing authority).
4.—(1) CIPA may make regulations under section 275A(2)(b) of the 1988 Act(1) (requirements as to registration of a body corporate or unincorporate and its management and control) which require each CIPA-registered body to have—
(a)a Head of Legal Practice;
(b)a Head of Finance and Administration.
(2) Regulations made by virtue of paragraph (1) must include the provisions specified in Schedule 1.
5.—(1) CIPA may make regulations under section 275A(2)(i) of the 1988 Act which provide for appeals against decisions made by CIPA under regulations made under section 275A of the 1988 Act (including regulations providing for a decision on such an appeal to be final and for orders as to payment of costs) to be made to the First-tier Tribunal or the High Court.
(2) Regulations made by virtue of paragraph (1) may include provision for appeals against decisions made by CIPA under this Order.
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(2).
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.
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.
9.—(1) Schedule 2 contains further provision about regulatory arrangements in relation to —
(a)registered persons and regulated persons, and
(b)licensed bodies (see paragraphs 10 and 11(1)(b) and (c)).
(2) The powers conferred on CIPA by this Order are not to be taken to prejudice—
(a)any other power which CIPA may have to make rules or regulations (however they may be described and whether they are made under an enactment or otherwise), or
(b)any other rules or regulations made by CIPA under any such power(3).
Section 275A was inserted by section 185(3) of the Legal Services Act 2007.
“Relevant licensing authority” is defined in section 73(4) of the Legal Services Act 2007.
Powers are conferred by Part 5 of the Copyright, Designs and Patents Act 1988 (“the 1988 Act”) which are for the time being exercisable by the Chartered Institute of Patent Attorneys (“CIPA”). Section 275(3) of the 1988 Act provides that the register of patent attorneys under section 275 is to be kept by CIPA and section 275A specifies functions which are exercisable by the person who keeps the register. Section 275(4) confers power on the Secretary of State to make an order requiring a person other than CIPA to keep the register. No order has been made at the date on which this Order comes into force. Section 275 of the 1988 Act was substituted by section 185(3) of the Legal Services Act 2007.