Legal Services Act 2007

Taking possession of documents etc under notice or order E+W

10 (1) This paragraph applies where the licensing authority takes possession of documents or any other property under paragraph 8 or 9. E+W

(2) On taking possession, it must give a notice to—

(a) the licensed body, and

(b) any other person from whom the documents or property were received or from whose possession they were taken.

(3) The notice must state that possession has been taken and specify the date on which possession was taken.

(4) A person to whom a notice under sub-paragraph (2) is given may apply to the High Court for an order directing the licensing authority to deliver the documents or other property to such person as the applicant requires.

(5) An application under sub-paragraph (4) must be made within 8 days of the licensing authority giving the person notice under sub-paragraph (2).

(6) The person must give not less than 48 hours notice of the application—

(a) to the licensing authority, and

(b) if the notice under sub-paragraph (2) gives the name of a solicitor instructed by the licensing authority, to that solicitor.

(7) The court may make any order it thinks fit.

Modifications etc. (not altering text)

C1 Sch. 14 para. 10 applied (with modifications) (12.9.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011 (S.I. 2011/2038), art. 1, Sch. para. 1(5)

C2 Sch. 14 para. 10 applied (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 5(5)

Commencement Information

I1 Sch. 14 para. 10 in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(e)