Part 4

Regulation of approved regulators

Cancellation of approval

Cancellation of designation: powers of entry etc
48
1
This section applies where a body (“the former regulator”) has its designation in relation to one or more reserved legal activities cancelled by an order under section 45.
2
The Board may request the former regulator to provide assistance to the new regulator and the Board, for the purpose of continuing regulation.
3
On an application by a person appointed by the Board to act on its behalf, a judge of the High Court, Circuit judge or justice of the peace may issue a warrant authorising that person to—
a
enter and search the premises of the former regulator, and
b
take possession of any written or electronic records found on the premises.
4
A person so authorised may, for the purpose of continuing regulation, take copies of written or electronic records found on a search carried out by virtue of the warrant.
5
The judge or justice of the peace may not issue the warrant unless satisfied that its issue is necessary or desirable for the purpose of continuing regulation.
6
The Lord Chancellor must make regulations—
a
specifying further matters which a judge or justice of the peace must be satisfied of, or matters which a judge or justice of the peace must have regard to, before issuing a warrant, and
b
regulating the exercise of a power conferred by a warrant issued under subsection (3) or by subsection (4) (whether by restricting the circumstances in which a power may be exercised, by specifying conditions to be complied with in the exercise of a power, or otherwise).
7
Regulations under subsection (6)(b) must in particular make provision as to circumstances in which written or electronic records of which a person has taken possession by virtue of a warrant issued under subsection (3) may be copied or must be returned.
8
But the Lord Chancellor may not make regulations under subsection (6) unless—
a
they are made in accordance with a recommendation made by the Board, or
b
the Lord Chancellor has consulted the Board about the making of the regulations.
9
The Board must make rules as to the persons it may appoint for the purposes of subsection (3).
10
For the purposes of this section—
- “authorised by the former regulator”, “protected activity” and “new regulator” have the same meaning as for the purposes of section 46;
- “the purpose of continuing regulation” means the purpose of enabling persons authorised by the former regulator to continue to be authorised and regulated in relation to the protected activity.
S. 48 wholly in force at 1.1.2010; s. 48 not in force at Royal Assent see s. 211; s. 48(6)-(9) in force at 1.1.2009 by S.I. 2008/3149, art. 2(c)(i); s. 48 in force otherwise at 1.1.2010 by S.I. 2009/3250, art. 2(c)(i) (with art. 9)