- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
13. In articles 14 and 15—
(a)references to ITMA are to ITMA acting in its role as a licensing authority; and
(b)references to a licensed body are to a licensed body in relation to which ITMA is a relevant licensing authority within the meaning of Part 5 of the 2007 Act(1).
14.—(1) In this article—
“disciplinary measure”, in relation to a relevant person, includes an arrangement where—
the relevant person gives to ITMA an undertaking to do or not to do (or to cease doing) anything specified in the undertaking; and
any breach of that undertaking is liable to result in the imposition by ITMA of one or more other disciplinary measures on that relevant person;
“relevant person” means—
a licensed body; or
any manager or employee of a licensed body.
(2) Where—
(a)ITMA imposes a disciplinary measure on a relevant person; and
(b)the measure is imposed following an investigation conducted by ITMA,
ITMA may, in accordance with licensing rules, also require that relevant person to pay an amount to ITMA in respect of the whole or any part of the costs incurred by ITMA in conducting the investigation.
(3) For the purpose of giving effect to paragraph (2), ITMA must make licensing rules which make provision—
(a)as to the criteria and procedure to be applied by ITMA in determining—
(i)whether to require a relevant person to make a payment under paragraph (2); and
(ii)the amount of any such payment;
(b)as to arrangements for payment, including the time within which the payment is to be made; and
(c)for appeals to be made to the First-tier Tribunal or the High Court against any decision made by ITMA under this article.
(4) If the whole or part of any payment required under paragraph (2) is unpaid at the time by which it is required to be paid, ITMA may recover the unpaid balance as a debt due to it from the relevant person.
15.—(1) ITMA may issue a notice, warning or reprimand in respect of any breach of the terms of a licensed body’s licence and cause this to be noted against any record (public or private) of that licence.
(2) ITMA may, if it considers it appropriate to do so in any particular case, communicate to the public that it has issued a notice, warning or reprimand to a licensed body under paragraph (1).
(3) For the purpose of giving effect to paragraph (1), ITMA must make licensing rules which specify—
(a)the breaches of the terms of a licensed body’s licence in respect of which ITMA may issue a notice, warning or reprimand under paragraph (1);
(b)the criteria and procedure to be applied by ITMA in determining whether to issue any such notice, warning or reprimand;
(c)the form that any such notice, warning or reprimand may take and the procedure by which it may be issued; and
(d)the criteria and procedure to be applied by ITMA in determining whether it is appropriate to communicate any such notice, warning or reprimand to the public.
“Relevant licensing authority” is defined in section 73(4) of the Legal Services Act 2007.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: