C2C3Part II Licensed Conveyancing

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2: power to amend conferred (1.4.1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41), ss. 53(8)(a), 124 (with s. 59(1)); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

C3

Pt. 2: power to amend conferred (1.4.1991 for certain purposes, otherwise 7.12.2004) by Courts and Legal Services Act 1990 (c. 41), ss. 53(9), 124 (with s. 59(1)); S.I. 1991/608, art. 2, Sch; S.I. 2004/2950, art. 2(a)

Recognised bodies

C132 Provision of conveyancing F20or other services by recognised bodies.

1

The Council may make rules—

a

making provision as to the management and control F1of conveyancing services bodies F22or CLC practitioner services bodies ;

b

prescribing the circumstances in which F23conveyancing services bodies may be recognised by the Council as being suitable bodies to F24undertake—

i

the provision of conveyancing services,

ii

the exercise of a right of audience,

iii

the conduct of litigation,

iv

probate activities,

v

the administration of oaths, or

vi

the provision of relevant legal services not covered by sub-paragraphs (i) to (v);

F25bza

prescribing the circumstances in which CLC practitioner services bodies may be recognised by the Council as being suitable bodies to undertake—

i

the exercise of a right of audience,

ii

the conduct of litigation,

iii

probate activities,

iv

the administration of oaths, or

v

the provision of relevant legal services not covered by sub-paragraphs (i) to (iv);

F2ba

prescribing the Council's arrangements for authorising recognised F26bodies to carry on—

i

the exercise of a right of audience,

ii

the conduct of litigation,

iii

reserved instrument activities, where the recognised body is a conveyancing services body,

iv

probate activities, or

v

the administration of oaths;

c

prescribing the F3requirementsF27, including requirements about the carrying on of activities which are not reserved legal activities, which (subject to any exceptions provided by the rules) must at all times be satisfied by bodies so recognised if they are to remain so recognised; and

d

regulating the conduct of the affairs of such bodies.

2

In this Part “recognised body” means a body F4. . . for the time being recognised under this section.

3

Rules made by the Council may also make provision—

a

for the manner and form in which applications for recognition under this section F5, or for the renewal of such recognition, are to be made, and for the payment of fees in connection with such applications;

F6aa

for the payment of fees in connection with other applications under the rules;

b

for regulating the names that may be used by recognised bodies;

F7c

about the time when any recognition granted under this section, or renewal of such recognition, takes effect and the period for which it is (subject to the provisions of this Part) to remain in force;

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 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;

d

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

for the keeping by the Council of F9a register containing the names and principal places of business of all bodies F10. . . which are for the time being recognised under this section F11and such other information relating to those bodies F28(including information about disciplinary measures taken) as may be specified in the rules;

F12ea

for information (or information of a specified description) on such a register to be made available to the public, and about the manner in which and times at which, information is to be made so available;

f

for rules made under any other provision of this Part to have effect in relation to recognised bodies with such additions, omissions or other modifications as appear to the Council to be necessary or expedient;

F13fa

about the education and training requirements to be met by managers and employees of recognised 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 necessary or expedient;

g

for empowering the Council to take such steps as it considers necessary or expedient to ascertain whether or not any rules applicable to recognised bodies F14or managers or employees of such bodies by virtue of this section are being complied with;

h

for the manner of service on recognised bodies of documents authorised or required to be served on such bodies under this Part.

F153A

Rules made by the Council may provide for the Council to grant a body recognition under this section subject to one or more conditions.

3B

At any time while a body is recognised under this section, the Council may, in such circumstances as may be prescribed, direct that the body's recognition is to have effect subject to such conditions as the Council may think fit.

“Prescribed” means prescribed by rules made by the Council.

3C

The conditions which may be imposed under subsection (3A) or (3B) include—

a

conditions restricting the kinds of conveyancing services that may be provided by the body;

F29aa

conditions restricting the kinds of CLC practitioner services that may be provided by the body;

b

conditions imposed by reference to criteria of general application;

c

conditions requiring the body to take any specified steps that will, in the opinion of the Council, be conducive to the body carrying on an efficient business;

and conditions may be imposed despite the fact that they may result in expenditure being incurred by the body.

3D

On an application made by a recognised body, the Council may, in such circumstances as may be prescribed, direct—

a

the removal of a condition subject to which the body's recognition has effect;

b

the variation of such a condition in the manner described in the application.

3E

For the purposes of subsection (3D)—

a

section 14 applies in relation to an application under that subsection as it applies in relation to an application for a licence under this Part of this Act, and

b

“prescribed” means prescribed by rules made by the Council.

3F

Rules under subsection (3A) or (3B) may make provision about when conditions imposed take effect (including provision conferring power on the Council to direct that a condition is not to have effect until the conclusion of any appeal in relation to it).

3G

Rules under this section may contain such incidental, supplemental, transitional or transitory provisions or savings as the Council considers necessary or expedient.

4

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

A certificate signed by an officer of the Council and stating—

a

that any body F17. . . is or is not, or was or was not at any time, a recognised body; or

F18b

that a body's recognition under this section does not have effect subject to any conditions or has effect subject to any particular conditions,

shall, unless the contrary is proved, be evidence of the facts stated in the certificate; and a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.

7

Schedule 6 shall have effect with respect to recognised bodies.

F30F198

In this section—

  • “administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

  • “CLC practitioner services” has the meaning given by section 32B;

  • “CLC practitioner services body” has the meaning given by section 32B;

  • “conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

  • “conveyancing services body” has the meaning given by section 32A;

  • “probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

  • “relevant legal services”—

    1. a

      in relation to a conveyancing services body, has the meaning given by section 32A; and

    2. b

      in relation to a CLC practitioner services body, has the meaning given by section 32B;

  • “reserved instrument activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

  • “right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).

F218A

Nothing in this section affects section 13 of the Legal Services Act 2007 (entitlement to carry on a reserved legal activity).

9

The Council is capable of being designated as a licensing authority for the purposes of, and subject to, Part 5 of the Legal Services Act 2007 (alternative business structures).