34(1)Section 53 (the Council for Licensed Conveyancers) is amended as follows.E+W
(2)For subsections (1) to (3) substitute—
“(1)The Council for Licensed Conveyancers has the powers necessary to enable it to become designated as an approved regulator in relation to one or more of the reserved legal activities within subsection (1A).
(1A)The reserved legal activities to which this subsection applies are—
(a)the exercise of a right of audience;
(b)the conduct of litigation;
(c)probate activities.
(2)If the Council becomes an approved regulator in relation to one or more of those activities, it may, in that capacity, authorise a person to carry on a relevant activity only if the person is a licensed conveyancer.
(3)Where the Council authorises a licensed conveyancer to carry on a relevant activity, it is to do so by issuing a licence to the licensed conveyancer.”
(3)Omit subsection (5).
(4)For subsection (6) substitute—
“(6)Where the Council exercises any of its powers in connection with—
(a)an application for designation as an approved regulator in relation to a reserved legal activity within subsection (1A), or
(b)the authorising of a person to carry on a relevant activity,
it is to do so subject to any requirements to which it is subject in accordance with the provisions of the Legal Services Act 2007.”
(5)In subsection (8), for “Secretary of State” substitute “ Lord Chancellor ”.
(6)In subsection (9)—
(a)for “Secretary of State” substitute “ Lord Chancellor ”, and
(b)omit paragraph (e).
(7)After that subsection insert—
“(10)For the purposes of this section—
(a)“right of audience”, “conduct of litigation”, “probate activities” and “reserved legal activity” have the same meaning as in the Legal Services Act 2007;
(b)references to designation as an approved regulator are to designation as an approved regulator—
(i)by Part 1 of Schedule 4 to the Legal Services Act 2007, by virtue of an order under paragraph 5 of Schedule 22 to that Act, or
(ii)under Part 2 of Schedule 4 to that Act;
(c)“relevant activity” means an activity which is a reserved legal activity—
(i)which is within subsection (1A), and
(ii)in relation to which the Council is designated as an approved regulator by Part 1 of Schedule 4 to that Act (by virtue of an order under paragraph 5 of Schedule 22 to that Act) or under Part 2 of that Schedule.”
Commencement Information
I1Sch. 17 para. 34 wholly in force at 1.1.2010; Sch. 17 para. 34 not in force at Royal Assent see s. 211; Sch. 17 para. 34(1)(5)(6) in force at 31.3.2009 by S.I. 2009/503, art. 2(c)(ii); Sch. 17 para. 34 in force otherwise at 1.1.2010 by S.I. 2009/3250, art. 2(f)(iii) (with art. 9)