- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Administration of Justice Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(a)it is alleged that a licensed conveyancer—
(i)has (whether while a licensed conveyancer or not) been convicted by any court in the United Kingdom of a criminal offence which renders him unfit to practise as a licensed conveyancer; or
(ii)has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject; or
(iii)has failed to comply with any rules made by the Council under this Part; F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(1A)The Investigating Committee shall make a preliminary investigation of such an allegation and—
(a)hear and determine the allegation, or
(b)refer the allegation to the Discipline and Appeals Committee established under section 25 for hearing and determination by that Committee under section 26.]
(3)Any reference in subsection (1) F6... to a licensed conveyancer in relation to any such allegation F7... as is mentioned in paragraph (a)(ii) or (iii) F8... of subsection (1) includes a reference to a person who was a licensed conveyancer at the time when the conduct to which the allegation F7... relates took place.
(4)The Council shall make rules as to the constitution of the Investigating Committee and any such rules may provide for the appointment to the Committee of persons (whether licensed conveyancers or not) who are not members of the Council.
[F9(4A)The Council shall make rules as to the cases in which the Investigating Committee may hear and determine an allegation, and the cases in which they must refer an allegation to the Discipline and Appeals Committee.]
F9(5)where it appears to the Investigating Committee—
(a)that any such allegation F10... as is mentioned in subsection (1) ought to be referred to the Discipline and Appeals Committee for hearing and determination by that Committee under section 26; and
(b)that it is necessary for the protection of consumers to do so,
the Investigating Committee may, if they think fit, direct that any licence held by the licensed conveyancer in question shall be suspended until the allegation F10... is determined by the Discipline and Appeals Committee or until the expiration of such period as may be prescribed by rules made by the Council, whichever is the earlier.
[F11(6)Before making a direction under subsection (5), the Investigating Committee must give the licensed conveyancer an opportunity to make representations against the making of the proposed direction.
(7)In relation to proceedings under subsection (6), the Investigating Committee may make such order as they think fit as to the payment of costs by—
(a)the Council, or
(b)the licensed conveyancer.
(8)Where a direction under subsection (5) has been made, the licensed conveyancer may appeal to the Discipline and Appeals Committee, and on any such appeal the Committee may make such order as they think fit.
(9)Where an order has been made under subsection (7) the Council or the licensed conveyancer may appeal to the Discipline and Appeals Committee, and on any such appeal the Committee may make such order as they think fit.
(10)Where an order is made by the Discipline and Appeals Committee under subsections (8) or (9)—
(a)the person against whom the order is made, and
(b)if not within paragraph (a), the Council,
may appeal against the order to the High Court.
(11)On an appeal under subsection (10) the High Court may make such order as it thinks fit.
(12)The decision of the High Court on an appeal under subsection (10) shall be final.F11]
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: