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Legal Services Act 2007

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  • specified provision(s) amendment to earlier affecting provision S.I. 2010/2089 art. 5 by S.I. 2011/2196 art. 6
  • specified provision(s) amendment to earlier affecting provision SI 2009/3250 art. 3(2) by S.I. 2011/2196 art. 5

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Prospective

This sectionnoteType=Explanatory Notes has no associated

101For paragraph 14 of that Schedule (examination of files) substitute—E+W

Information about suitability for recognitionE+W

14(1)The Society may give a notice under this paragraph if it is satisfied that it is necessary to do so for the purpose of investigating whether—

(a)a recognised body continues to be suitable to be recognised under section 9, or

(b)a manager of a recognised body who is not legally qualified (within the meaning of section 9A) continues to be suitable to be a manager of a recognised body.

(2)A notice under this paragraph is a notice which requires a person within sub-paragraph (3)—

(a)to provide information, or information of a description, specified in the notice, or

(b)to produce documents, or documents of a description, specified in the notice.

(3)The persons are—

(a)the recognised body;

(b)an employee or manager of the recognised body;

(c)a person who has an interest in the recognised body (within the meaning of the Legal Services Act 2007 (see sections 72 and 109 of that Act)).

(4)For the purposes of this paragraph, section 44B(4) to (7) of the 1974 Act applies—

(a)in relation to a notice under this paragraph as if it were a notice under section 44B of that Act, and

(b)in relation to a person given a notice under this paragraph as if that person were a person given a notice under that section,

and references in subsections (6) and (7) of that section to powers conferred by that section are to be read as references to powers conferred by this paragraph.

(5)Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a), (b) or (c) of sub-paragraph (3), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question.

(6)Section 44BA of the 1974 Act (power to require explanation of document or information) applies in relation to a notice under this paragraph and the person to whom such a notice is given as it applies in relation to a notice under section 44B of the 1974 Act and the person to whom such a notice is given.

(7)Subsection (1) of section 44BC of that Act (falsification of documents etc) applies in relation to an investigation of the kind mentioned in sub-paragraph (1) as it applies in relation to the investigations mentioned in that subsection, and subsections (2), (4) and (5) of that section apply accordingly.

(8)Subsection (3) of that section (provision of false information etc) applies in relation to a requirement imposed under this paragraph as it applies in relation to a requirement imposed by section 44B of that Act, and subsections (4) and (5) of that section apply accordingly.

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Commencement Information

I1Sch. 16 para. 101 wholly in force at 31.3.2009 see s. 211 and S.I. 2009/503, art. 2(b)(ii) (subject to art. 4)

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