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The Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014

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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), a CIPA-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 CIPA.

(3) The requirement in sub-paragraph (2) may be suspended until such time and subject to such conditions as may be specified by CIPA.

(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 CIPA-registered body is authorised by CIPA 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 2 (disqualification by CIPA);

(b)paragraph 3 of Schedule 4 (disqualification by ITMA); and

(c)section 99 of the 2007 Act (disqualification by a licensing authority).

(6) CIPA may approve an individual’s designation as Head of Legal Practice of a CIPA-registered body in the course of determining an application for registration of the body made pursuant to regulations made under section 275A of the 1988 Act.

(7) CIPA may approve an individual’s designation as Head of Legal Practice of a CIPA-registered body 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 CIPA-registered body.

(8) CIPA may withdraw its approval of an individual’s designation as the Head of Legal Practice of a CIPA-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 CIPA-registered body.

(9) The Head of Legal Practice of a CIPA-registered body must—

(a)take all reasonable steps to ensure compliance with the requirements of patent attorney regulations, and regulations made by CIPA under this Order, which apply to that CIPA-registered body; and

(b)as soon as reasonably practicable, report to CIPA 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 275A(2)(h) of the 1988 Act (records and accounts); or

(b)paragraph 13 of Schedule 2 (treatment of money).

(11) The Head of Legal Practice of a CIPA-registered body must—

(a)take all reasonable steps to ensure that that CIPA-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 CIPA such failures by those persons to comply with those duties as may be specified in regulations made under this paragraph.

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