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The Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014 No. 3238

This section has no associated Explanatory Memorandum

5.—(1) The regulations referred to in paragraph 4 must include the following requirements.

(2) Subject to sub-paragraph (3), a CIPA-registered body must at all times have an individual—

(a)who is designated as Head of Finance and Administration; and

(b)whose designation is approved by CIPA.

(3) The requirement in sub-paragraph (2) may be suspended until such time and subject to such conditions as may be specified by CIPA.

(4) A designation of an individual as Head of Finance and Administration has effect only while the individual—

(a)consents to the designation; and

(b)is not disqualified from acting as Head of Finance and Administration by virtue of a disqualification under a provision specified in paragraph 2(5).

(5) CIPA may approve an individual’s designation as Head of Finance and Administration of a CIPA-registered body in the course of determining an application for registration of that body made pursuant to regulations made under section 275A of the 1988 Act.

(6) CIPA may approve an individual’s designation as Head of Finance and Administration of a CIPA-registered body only if it is satisfied that the individual is a fit and proper person to carry out the duties set out in sub-paragraph (8) in relation to that CIPA-registered body.

(7) CIPA may withdraw its approval of an individual’s designation as the Head of Finance and Administration of a CIPA-registered body if it is satisfied that the individual has breached one or more of the duties set out in sub-paragraph (8) in relation to that CIPA-registered body.

(8) The Head of Finance and Administration of a CIPA-registered body must—

(a)take all reasonable steps to ensure compliance with regulations made under—

(i)section 275A(2)(h) of the 1988 Act (records and accounts), or

(ii)paragraph 13 of Schedule 2 (treatment of money); and

(b)report any breach of those regulations by that body to CIPA as soon as reasonably practicable.

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