Office of Public Sector Information
PART III continued
(3) Where an authorised body alters—
(a) any of its qualification regulations; or
(b) any of its rules of conduct,
those alterations shall not have effect, so far as they relate to any right of audience or any right to conduct litigation granted by that body, unless they have been approved under Part II of Schedule 4.
(4) Where an authorised body makes any alteration to the rights of audience or rights to conduct litigation granted by it (including the grant of a new right), the qualification regulations and rules of conduct of that body must be approved under Part II of Schedule 4.
(5) Where the Lord Chancellor or any of the designated judges considers that it might be appropriate for an authorised body to alter—
(a) any of its qualification regulations or rules of conduct; or
(b) any right of audience, or right to conduct litigation, which it is entitled to grant,
he may advise that body accordingly.
(6) Where—
(a) the Lord Chancellor gives any advice under subsection (5), he shall inform the designated judges; and
(b) where a designated judge gives any such advice, he shall inform the Lord Chancellor and the other designated judges.
(7) Where an authorised body has been given any such advice it shall, in the light of that advice, consider whether to make the recommended alteration.
(1) Where an Order in Council has been made under section 29 designating a body as an authorised body, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.
(2) An Order under this section may only be made if—
(a) the authorised body has made a written request to the Lord Chancellor asking for it to be made;
(b) that body has agreed (in writing) to its being made; or
(c) the Lord Chancellor is satisfied that the circumstances at the time when he is considering the question are such that, had that body then been applying to become an authorised body, its application would have failed.
(3) The provisions of Part III of Schedule 4 shall have effect with respect to the revocation of designations under this section.
(4) An Order made under this section may make such transitional and incidental provision as the Lord Chancellor considers necessary or expedient.
(5) Where such an Order is made, any right of audience or right to conduct litigation granted to any person by the body with respect to whom the Order is made shall cease to have effect, subject to any transitional provision made by the Order.
(6) Where such an Order is made, the Lord Chancellor shall—
(a) give the body with respect to whom the Order is made written notice of the making of the Order;
(b) take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and
(c) publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.
(1) On the coming into force of section 27—
(a) barristers shall be deemed to have been granted by the General Council of the Bar the rights of audience exercisable by barristers (in their capacity as such) immediately before 7th December 1989; and
(b) the General Council of the Bar shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 27.
(2) Those qualification regulations and rules of conduct shall be deemed to have been approved only—
(a) in relation to the rights of audience mentioned in subsection (1)(a); and
(b) so far as they relate to those rights of audience.
(3) If any particular provision of those regulations or rules would not have been approved for the purposes of section 27 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
(4) In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
(5) Where a direction is given under subsection (4)—
(a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
(b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
(c) that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
(6) In the event of any question arising as to whether any provision of the qualification regulations or rules of conduct of the General Council of the Bar requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
(7) Where a direction is given under subsection (6)—
(a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
(b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
(c) it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
(8) Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
(a) it shall cease to have effect, so far as it relates to any right of audience deemed to have been granted by the General Council of the Bar; and
(b) the regulations and rules which are deemed, by virtue of subsection (1)(b), to have been properly approved shall be taken not to include that provision.
(9) Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
(a) it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
(b) it is determined in accordance with subsection (7)(c) that that provision requires approval.
(1) On the coming into force of section 27—
(a) solicitors shall be deemed to have been granted by the Law Society the rights of audience exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
(b) the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 27.
(2) Those qualification regulations and rules of conduct shall be deemed to have been approved only—
(a) in relation to the rights of audience mentioned in subsection (1)(a); and
(b) so far as they relate to those rights of audience.
(3) If any particular provision of those regulations or rules would not have been approved for the purposes of section 27 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
(4) In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
(5) Where a direction is given under subsection (4)—
(a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
(b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
(c) that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
(6) In the event of any question arising as to whether any provision of the qualification regulations or rules of conduct of the Law Society requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
(7) Where a direction is given under subsection (6)—
(a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
(b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
(c) it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
(8) Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
(a) it shall cease to have effect, so far as it relates to any right of audience deemed to have been granted by the Law Society; and
(b) the regulations and rules which are deemed, by virtue of subsection (1)(b) to have been properly approved shall be taken not to include that provision.
(9) Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
(a) it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
(b) it is determined in accordance with subsection (7)(c) that that provision requires approval.
(1) On the coming into force of section 28—
(a) solicitors shall be deemed to have been granted by the Law Society the rights to conduct litigation exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
(b) the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 28.
(2) Those qualification regulations and rules of conduct shall be deemed to have been approved only—
(a) in relation to the rights to conduct litigation mentioned in subsection (1)(a); and
(b) so far as they relate to those rights to conduct litigation.
(3) If any particular provision of those regulations or rules would not have been approved for the purposes of section 28 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
(4) In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
(5) Where a direction is given under subsection (4)—
(a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
(b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
(c) that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
(6) In the event of any question arising as to whether any provision requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
(7) Where a direction is given under subsection (6)—
(a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
(b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
(c) it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
(8) Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
(a) it shall cease to have effect, so far as it relates to any right to conduct litigation deemed to have been granted by the Law Society; and
(b) the regulations and rules which are deemed, by virtue of subsection (1)(b), to have been properly approved shall be taken not to include that provision.
(9) Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
(a) it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
(b) it is determined in accordance with subsection (7)(c) that that provision requires approval.
(1) There shall be a body corporate to be known as the Authorised Conveyancing Practitioners Board (in this Act referred to as “the Board”).
(2) The Board shall consist of a Chairman and at least four, and at most eight, other members appointed by the Lord Chancellor.
(3) In appointing any member, the Lord Chancellor shall have regard to the desirability of—
(a) appointing persons who have experience in, or knowledge of—
(i) the provision of conveyancing services;
(ii) financial arrangements associated with conveyancing;
(iii) consumer affairs; or
(iv) commercial affairs; and
(b) securing, so far as is reasonably practicable, that the composition of the Board is such as to provide a proper balance between the interests of authorised practitioners and those who make use of their services.
(4) The Board shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown.
(5) The Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
(6) Neither the Board nor any of its staff or members shall be liable in damages for anything done or omitted in the discharge or purported discharge of any of its functions.
(7) Subsection (6) does not apply where the act or omission is shown to have been in bad faith.
(8) The provisions of Schedule 5 shall have effect with respect to the constitution, procedure and powers of the Board and with respect to connected matters.
(1) It shall be the general duty of the Board—
(a) to seek to develop competition in the provision of conveyancing services;
(b) to supervise the activities of authorised practitioners in connection with the provision by them of conveyancing services.
(2) In discharging the duty imposed on it by subsection (1)(b) the Board shall, in particular, make arrangements designed to enable it to ascertain whether authorised practitioners are complying with regulations made by the Lord Chancellor under section 40.
(3) The Board shall have the specific functions conferred on it by or under this Act.
(4) Where the Lord Chancellor refers to the Board any matter connected with—
(a) the provision of conveyancing services by authorised practitioners; or
(b) the organisation or practice of authorised practitioners,
it shall be the duty of the Board to consider the matter and to report its conclusions to the Lord Chancellor.
(5) Any report made under subsection (4) may be published by the Lord Chancellor in such manner as he thinks fit.
(6) A copy of any guidance for authorised practitioners issued by the Board shall be sent by the Board to the Lord Chancellor.
(7) Where it appears to the Lord Chancellor that there are grounds for believing that the Board has failed in any way to carry out any of its duties under this Act, he may give such directions to the Board as he considers appropriate.
(8) The Board may make rules providing for the expenses which it incurs in exercising its functions, after taking into account any grants made to it under subsection (10) and any fees received by it, to be met by the imposition on each authorised practitioner of an annual levy calculated, and payable, in accordance with the provisions of the rules.
(9) Any amount due to the Board from an authorised practitioner in respect of any levy payable by that practitioner under the rules shall be recoverable by the Board as a civil debt.
(10) The Lord Chancellor may, with the approval of the Treasury, make grants to the Board towards meeting the expenses incurred, or to be incurred, by it in the discharge of its functions.
(11) Any such grant may be made subject to such terms and conditions (including conditions as to repayment) as the Lord Chancellor sees fit to impose.
(12) Any sums required by the Lord Chancellor for making grants under subsection (10) shall be paid out of money provided by Parliament.
(13) Any sums repaid by the Board in accordance with conditions imposed under subsection (11) shall be paid into the Consolidated Fund.
(1) The restriction imposed by section 22 of the [1974 c. 47.] Solicitors Act 1974 (which has the effect of limiting the categories of person who may provide conveyancing services) shall not apply to any act done in connection with the provision of conveyancing services—
(a) by an individual at any time when he is an authorised practitioner;
(b) by a body corporate at any time when it is an authorised practitioner;
(c) by an officer or employee of a body corporate at any time when that body is an authorised practitioner; or
(d) by a member or employee of an unincorporated association at any time when that association is an authorised practitioner.
(2) In subsection (1)(c) and (d) “officer”, “employee” and “member” mean respectively an officer, employee or member who (at the time of the act in question) satisfies, and is acting in accordance with, regulations under section 40.
(3) Any rule (however described) which is imposed by a professional or other body and which would, but for this subsection, result in restricting or preventing a qualified person from—
(a) providing any conveyancing services as an authorised practitioner;
(b) acting as an employee of an authorised practitioner in connection with the provision of any such services; or
(c) acting on behalf of an authorised practitioner in connection with the provision of any such services,
shall be of no effect unless it is given partial effect by subsection (4)(a) or full effect by subsection (4)(b).
(4) If the result mentioned in subsection (3) is not the main or only result of the rule in question, subsection (3)—
(a) shall apply only to the extent that the rule would have that result; but
(b) shall not apply if the rule is reasonably required as a rule of general application for the purpose of regulating the conduct or practice of all members of that body.
(5) Nothing in this section prevents a professional or other body from imposing a rule that any member of that body who is acting as mentioned in subsection (3)(c) may do so only on terms which allow him to give independent legal or financial advice to the person for whom conveyancing services are being provided by the authorised practitioner concerned.
(6) In this section “qualified person” means—
(a) any barrister, solicitor, duly certificated notary public or licensed conveyancer;
(b) any body recognised under section 9 of the [1985 c. 61.] Administration of Justice Act 1985 (incorporated practices); or
(c) any body recognised under section 32 of the Act of 1985 (incorporated bodies carrying on business of provision of conveyancing services).
(1) On an application duly made by a person who proposes to provide conveyancing services, the Board shall authorise that person to provide those services, if—
(a) it is satisfied that the applicant’s business is, and is likely to continue to be, carried on by fit and proper persons or, in the case of an application by an individual, that he is a fit and proper person; and
(b) it is of the opinion that the applicant will comply with the requirements mentioned in subsection (7).
(2) Any such authorisation shall be given in writing and shall take effect on such date as the Board may specify.
(3) A person so authorised is referred to in this Act as “an authorised practitioner”.
(4) An application for authorisation must be made in accordance with rules made by the Board, with the approval of the Lord Chancellor, for the purposes of this section.
(5) On making any such application, the applicant shall pay to the Board such fee as may be specified in the rules.
(6) The rules may, in particular, make provision—
(a) as to the form in which any application must be made; and
(b) for the furnishing by applicants of information required by the Board in connection with their applications.
(7) The requirements are that the applicant—
(a) complies with any rules made by the Board and any regulations made under section 40, so far as applicable;
(b) ensures that satisfactory arrangements are at all times in force for covering adequately the risk of any claim made against the applicant in connection with the provision of conveyancing services provided by the applicant, however arising;
(c) maintains satisfactory procedures for—
(i) dealing with complaints made about any aspect of conveyancing services provided by the applicant; and
(ii) the payment of compensation;
(d) has in force satisfactory arrangements to protect the applicant’s clients in the event of the applicant ceasing to provide conveyancing services;
(e) is a member of the Conveyancing Ombudsman Scheme.
(8) Where the applicant is—
(a) an institution which is authorised by the Bank of England, under Part I of the [1987 c. 22.] Banking Act 1987, to carry on a deposit taking business;
(b) a building society which is authorised by the Building Societies Commission, under section 9 of the [1986 c. 53.] Building Societies Act 1986, to raise money from its members; or
(c) an insurance company which is authorised under section 3 or 4 of the [1982 c. 50.] Insurance Companies Act 1982,
the Board shall have regard to the fact that it is so authorised in determining whether the Board is satisfied as mentioned in subsection (1)(a).
(9) The Board shall maintain a register of authorised practitioners which shall be open to inspection, at all reasonable times, without charge.
(10) The Lord Chancellor may by order amend the provisions of subsection (7) by imposing any additional requirement or by varying or removing any requirement.
(1) Where the Board proposes to refuse an application for authorisation under section 37 it shall give the applicant written notice of its proposal.
(2) The notice shall give the Board’s reasons for proposing to refuse the application and inform the applicant of the effect of subsection (7).
(3) Any authorisation under section 37 may be given subject to the applicant complying with conditions imposed by the Board with a view to the protection of clients.
(4) Any such conditions—
(a) may be imposed by the Board either when granting the application for authorisation or at any later time; and
(b) may be expressed to apply in relation to a specified part of the authorised practitioner’s business (for example, to a specified branch or office).
(5) Before imposing any such conditions, the Board shall give written notice of its intention to do so to the applicant or (as the case may be) authorised practitioner concerned.
(6) The notice shall inform the person to whom it is given of the effect of subsection (7).
(7) Where a notice is served under subsection (1) or (5), it shall be the duty of the Board to consider any representations duly made by the person on whom the notice is served before determining whether to grant or refuse the application or to impose any of the proposed conditions.
(8) For the purposes of subsection (7), representations are duly made if—
(a) they are made to the Board before the end of the period of 28 days beginning with the day on which the notice is served; and
(b) unless the Board directs otherwise in a particular case, are in writing.
(9) Where the Board—
(a) proposes to impose a condition under this section on an authorised practitioner; and
(b) is satisfied that the circumstances of the case are exceptional and justify the condition taking effect immediately,
it may disregard subsections (5) to (8) when imposing the condition.
(10) If the Board refuses the application, or imposes any of the proposed conditions, it shall give the applicant notice in writing and, in the case of a refusal, the notice shall give the Board’s reasons for refusing.
(11) A notice under subsection (10) shall inform the applicant of his rights of appeal under section 41.
(12) An authorised practitioner who fails to comply with a condition imposed on him under this section shall not thereby cease to be such a practitioner; but in such a case the Board may—
(a) impose additional, or substituted, conditions on him; or
(b) revoke or suspend his authorisation in accordance with rules made under section 39(1).
(1) The Board shall, with the approval of the Lord Chancellor, make rules providing for the circumstances in which the authorisation of a person under section 37 may be revoked or suspended by the Board.
(2) Where any such authorisation is revoked or suspended in accordance with the rules, the person concerned shall cease to be an authorised person for the purposes of this Act.
(3) The rules may, in particular—
(a) provide for any suspension to be indefinite or for a period specified by the Board;
(b) provide for the total, or partial, lifting of any suspension in specified circumstances;
(c) provide for the publication by the Board of notice of any suspension or revocation under the rules;
(d) make transitional provision for dealing with any work in hand at the time when a revocation or suspension takes effect.
(4) Where the Board—
(a) revokes or suspends any authorisation in accordance with the rules; or
(b) lifts a suspension so imposed,
it shall take such steps as are reasonably practicable to inform any body which has any regulatory functions in relation to that authorised practitioner of the action which it has taken.
(1) The Lord Chancellor may by regulation make such provision as he considers expedient with a view to securing—
(a) that authorised practitioners maintain satisfactory standards of competence and conduct in connection with the provision by them of conveyancing services;
(b) that in providing such services (and in particular in fixing their charges) they act in a manner which is consistent with the maintenance of fair competition between authorised practitioners and others providing conveyancing services; and
(c) that the interests of their clients are satisfactorily protected.
(2) The regulations may, in particular, make provision—
(a) designed to—
(i) provide for the efficient transaction of business;
(ii) avoid unnecessary delays;
(b) as to the supervision, by persons with such qualifications as may be prescribed, of such descriptions of work as may be prescribed;
(c) requiring authorised practitioners to arrange, so far as is reasonably practicable, for each transaction to be under the overall control of one individual;
(d) designed to avoid conflicts of interest;
(e) as to the terms and conditions on which authorised practitioners may provide conveyancing services;
(f) as to the information to be given to prospective clients, the manner in which or person by whom it is to be given and the circumstances in which it is to be given free of charge;
(g) as to the handling by authorised practitioners of their clients' money;
(h) as to the disclosure of and accounting for commissions.
(1) There shall be tribunals to be known as “Conveyancing Appeal Tribunals” which shall hear appeals under this section.
(2) Any person who is aggrieved by any decision of the Board to—
(a) refuse an application for authorisation under section 37;
(b) suspend any authorisation given under section 37;
(c) refuse to lift such a suspension;
(d) revoke any such authorisation; or
(e) impose any condition under section 38,
may appeal to a Conveyancing Appeal Tribunal.
Courts and Legal Services Act 1990