1. Paragraphs 2 and 3 apply to any regulations made by ITMA by virtue of article 11(1)(a) which require each ITMA-registered body to have a Head of Legal Practice.
2.—(1) The regulations referred to in paragraph 1 must include the requirements in sub-paragraphs (2) to (11) and paragraph 3.
(2) Subject to sub-paragraph (3), an ITMA-registered body must at all times have an individual—
(a)who is designated as Head of Legal Practice; and
(b)whose designation is approved by ITMA.
(3) The requirement in sub-paragraph (2) may be suspended until such time and subject to such conditions as may be specified by ITMA.
(4) A designation of an individual as Head of Legal Practice has effect only while the individual—
(a)consents to the designation;
(b)is an authorised person in relation to one or more of the reserved legal activities which the ITMA-registered body is authorised by ITMA to carry on; and
(c)is not disqualified from acting as Head of Legal Practice by virtue of a disqualification under a provision specified in sub-paragraph (5).
(5) The specified provisions are—
(a)paragraph 3 of Schedule 4 (disqualification by ITMA);
(b)paragraph 3 of Schedule 2 (disqualification by CIPA); and
(c)section 99 of the 2007 Act (disqualification by a licensing authority).
(6) ITMA may approve an individual’s designation as Head of Legal Practice of an ITMA-registered body in the course of determining an application for registration of that body made pursuant to regulations made under section 83A of the 1994 Act.
(7) ITMA may approve a individual’s designation only if it is satisfied that the individual is a fit and proper person to carry out the duties set out in sub-paragraphs (9) and (11) in relation to that ITMA-registered body.
(8) ITMA may withdraw its approval of an individual’s designation as the Head of Legal Practice of an ITMA-registered body if it is satisfied that that individual has breached one or more of the duties set out in sub-paragraphs (9) or (11) in relation to that ITMA-registered body.
(9) The Head of Legal Practice of an ITMA-registered body must—
(a)take all reasonable steps to ensure compliance with the requirements of trade mark attorney regulations, or regulations made by ITMA under this Order, which apply to that ITMA-registered body; and
(b)as soon as reasonably practicable, report to ITMA any failure to comply with such a requirement.
(10) Sub-paragraph (9) does not apply to any requirement imposed by virtue of regulations made under—
(a)section 83A(2)(h) of the 1994 Act (records or accounts); or
(b)paragraph 13 of Schedule 4 (treatment of money).
(11) The Head of Legal Practice of an ITMA-registered body must—
(a)take all reasonable steps to ensure that that ITMA-registered body and any of its managers or employees who are regulated persons comply with the duties imposed by section 176 of the 2007 Act (duties of regulated persons); and
(b)as soon as reasonably practicable, report to ITMA such failures by those persons to comply with those duties as may be specified in regulations made under this paragraph.
3. The regulations referred to in paragraph 1 must make provision—
(a)about the procedures and criteria to be applied by ITMA in determining for the purposes set out in paragraph 2(7), whether an individual is a fit and proper person to carry out the duties set out in paragraphs 2(9) and (11);
(b)for a review by ITMA of a determination that an individual is not a fit and proper person to carry out those duties;
(c)about the procedures and criteria to be applied by ITMA in determining in whether to withdraw its approval of an individual’s designation as a Head of Legal Practice;
(d)for a review by ITMA of a determination to withdraw its approval of such a designation; and
(e)about the procedures which are to apply where an ITMA-registered body ceases to comply with the requirement in paragraph 2(2) to have a designated Head of Legal Practice.