Administration of Justice Act 1985

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on preparation of contracts of sale etc.

5

In section 6—

• (a) subsection (3) applies to acts done before or after the commencement of that section; but

• (b) subsection (4) does not apply to acts done before that commencement.

Restriction on preparation of papers for probate etc.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders modifying provisions so as to apply to incorporated practices

7

Any provision made by an order under subsection (7) of section 9 after the commencement of that section may be made with retrospective effect as from that commencement or any later date.

Legal aid complaints

8

The repeal by this Act of the provisions referred to in subsection (3) of section 40 shall not affect—

• (a) the hearing and determination by any tribunal established pursuant to any of those provisions of any complaint or other matter where a reference or application was made to the tribunal in respect of the complaint or matter before the commencement of that subsection; or

• (b) any appeal against the decision of such a tribunal with respect to any such complaint or matter.

9

Each of sections 41 to 44 applies in relation to conduct of a barrister or solicitor (as the case may be) whether it occurred before or after the commencement of that section.

Substitution or removal of personal representatives

10

Subsection (6) of section 50 applies to an application under section 1 of the Judicial Trustees Act 1896 whether it was made before or after the commencement of section 50.

Administrative and clerical expenses of garnishees

11

• (1) Any order of the Lord Chancellor made, or having effect as if made, under section 40A of the Senior Courts Act 1981 or section 109 of the County Courts Act 1984 which is in force immediately before the commencement of section 52 of this Act shall have effect as if made under and for the purposes of that section as amended by section 52, and any reference in any such order to the sum which may be deducted by any deposit-taking institution shall be construed as a reference to the maximum sum which may be so deducted.

• (2) The provisions of section 52 shall not apply in relation to any order of the kind mentioned in subsection (1) of either of the said sections 40A and 109 which was made before the commencement of section 52.

Register of county court judgments

12

• (1) Where immediately before the commencement of section 54 there is in force any entry in the register relating to—

• (a) any judgment of a county court, not being a judgment falling within section 73(1) of the County Courts Act 1984 as substituted by subsection (2) of section 54; or

• (b) any order of a county court,

nothing in subsection (2) of section 54 shall affect the continuation in force of that entry; but regulations under the said section 73 may make provision as to the cancellation of any such entry.

• (2) In sub-paragraph (1) “the register” means the register kept under the said section 73.

Relief from forfeiture in county court

13

The provisions inserted by subsections (4) and (5) of section 55 shall not have effect in connection with any recovery of possession of land by a lessor which occurred before the commencement of that section.

Time limits for actions for libel or slander

14

Nothing in section 57 shall apply in relation to an action if the cause of action accrued before the commencement of that section.

Appointment of arbitrator by court

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation of damages against resident magistrates etc. in Northern Ireland

16

Nothing in section 63 shall apply in relation to an action if the sentence or order in respect of which the action is brought was passed or made before the passing of this Act.

Increase of penalties under Solicitors Act 1974

17

Nothing in paragraph 6 or 7 of Schedule 1 shall affect the punishment for an offence committed before the commencement of that paragraph.

Penalty for sole solicitor pretending that practice is recognised

9A

• (1) For the purposes of section 9, a “legal services body” means a body (corporate or unincorporate) in respect of which —

• (a) the management and control condition, and

• (b) the relevant lawyer condition,

are satisfied.

• (2) The management and control condition is satisfied if—

• (a) at least 75% of the body's managers are legally qualified,

• (b) the proportion of shares in the body held by persons who are legally qualified is at least 75%,

• (c) the proportion of voting rights in the body which persons who are legally qualified are entitled to exercise, or control the exercise of, is at least 75%,

• (d) all the persons with an interest in the body who are not legally qualified are managers of the body, and

• (e) all the managers of the body who are not legally qualified are individuals approved by the Society as suitable to be managers of a recognised body.

• (3) The Society may by rules under section 9 provide that, in relation to specified kinds of bodies, subsection (2) applies as if the references to 75% were to such greater percentage as may be specified (and different percentages may be specified for different kinds of bodies).

• (4) The relevant lawyer condition is satisfied in relation to a body if at least one manager of the body is—

• (a) a solicitor,

• (b) a registered European lawyer, or

• (c) a qualifying body.

• (5) For that purpose a qualifying body is a body in respect of which—

• (a) the management and control condition is satisfied

• (b) the relevant lawyer condition is satisfied by virtue of subsection (4)(a) or (b), and

• (c) the services condition is satisfied.

• (6) For the purposes of this section the following are legally qualified—

• (a) an authorised person who is an individual;

• (b) a registered foreign lawyer (within the meaning of section 89 of the Courts and Legal Services Act 1990 (c. 41));

• (c) an advocate or solicitor in Scotland;

• (ca) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;

• (d) an authorised person which is a body in respect of which—

• (i) the services condition is satisfied, and

• (ii) the management and control condition would be satisfied if the references in subsection (2) to persons who are legally qualified were to persons who are legally qualified by virtue of paragraphs (a) to (ca);

• (e) a body which provides professional services such as are provided by individuals who are authorised persons or lawyers of other jurisdictions, and in respect of which the management and control condition would be satisfied if the references in subsection (2) to persons who are legally qualified were to persons who are legally qualified by virtue of paragraphs (a) to (ca).

• (f) a legal partnership which—

• (i) was in existence immediately before the commencement of this paragraph,

• (ii) since that time has continued to be a partnership of the kind mentioned in rule 12.01(1)(b), 12.02(1)(b) or 12.04(1)(c)(i) of the pre-commencement conduct rules (framework of practice), and

• (iii) has not, since that time, had a body corporate (other than a body within paragraph (g)) as a member;

• (g) a body corporate which—

• (i) was recognised under section 9 immediately before the commencement of this paragraph, and

• (ii) has since that time continued to satisfy the requirements of rule 14.03(1) and 14.04(1) to (3) or the requirements of rule 14.05(1) to (3) of the pre-commencement conduct rules (restrictions on directors, owners etc. of incorporated practices);

• (h) a body which—

• (i) is an authorised person and satisfies the services condition, or

• (ii) provides professional services such as are provided by individuals who are authorised persons or lawyers of other jurisdictions,

and which satisfies the requirements of rules under subsection (6C).

• (6A) For the purposes of subsection (6)(f), a partnership is to be treated as the same partnership despite a change in membership, if any person who was a member before the change remains a member.

• (6B) For the purposes of subsection (6)(f) and (g), the references in the pre-commencement conduct rules to a recognised body are to be construed as references to a body which was recognised under section 9 immediately before the commencement of subsection (6)(f) and (g).

• (6C) The Society must make rules for the purposes of paragraph (h) of subsection (6) prescribing the requirements relating to management and control which must be satisfied by or in relation to a body for it to fall within that paragraph.

• (7) For the purposes of this section, the services condition is satisfied in relation to a body if the body provides only services which may be provided by a recognised body (having regard to rules under section 9(1A) and (1C)).

• (8) For the purposes of this section—

• “authorised person” has the same meaning as in section 9;

• ...

• “legal partnership” means a partnership in which a solicitor, a registered European lawyer or a recognised body is permitted to practise by virtue of rules made under section 31 of the Solicitors Act 1974 (c. 47), as those rules had effect immediately before the commencement of subsection (6)(f);

• “manager”, in relation to a body, has the meaning given by section 9;

• “pre-commencement conduct rules” means rules under Part 2 of the Solicitors Act 1974 or section 9 of this Act, known as the Solicitors' Code of Conduct 2007, as those rules had effect immediately before the commencement of subsection (6)(f) and (g);

• “recognised body” has the same meaning as in section 9(subject to subsection (6B) above);

• “registered European lawyer” has the same meaning as in section 9;

• “shares” has the same meaning as for the purposes of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act);

• “the Society” has the meaning given by section 87(1) of the Solicitors Act 1974;

• “specified” means specified in rules made by the Society;

and a person has an interest in a body if the person has an interest in the body for the purposes of section 9.

Provision of conveyancing services by licensed conveyancers.

Conditional licences.

16A

• (1) This section applies where a person applies for a licence at a time when section 16 has effect in relation to him by reason of the circumstances mentioned in section 16(1)(ea).

• (2) The application must be accompanied by an additional fee of an amount prescribed by rules made by the Council for the purposes of this section.

17A

• (1) This section applies where a licensed conveyancer's licence has effect subject to conditions.

• (2) On an application made by the licensed conveyancer, the Council may in prescribed circumstances direct—

• (a) the removal of a condition;

• (b) the variation of a condition in the manner described in the application.

• (3) “Prescribed” means prescribed by rules made by the Council.

• (4) Section 14 (applications for licences) applies in relation to an application under this section as it applies in relation to applications for a licence under this Part.

24A

• (1) Where, on hearing an allegation by virtue of section 24(1A)(a), the Investigating Committee are satisfied that a licensed conveyancer—

• (a) has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject, or

• (b) has failed to comply with any rules made by the Council under this Part,

the Committee may, if they think fit, make an order directing the payment by the licensed conveyancer of a penalty to be forfeited to Her Majesty.

• (2) In relation to proceedings before the Investigating Committee by virtue of section 24(1A)(a), the Committee may make such order as they consider fit as to the payment of costs by—

• (a) the Council,

• (b) the licensed conveyancer against whom the proceedings were brought, or

• (c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.

• (3) In subsection (2), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).

• (4) The amount of any penalty required to be paid under subsection (1) may not exceed such amount as may be prescribed by rules made by the Council for the purposes of this subsection.

• (5) Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to—

• (a) proceedings for the hearing and determination of an allegation by the Investigating Committee, as they have effect in relation to proceedings before the Discipline and Appeals Committee under section 26, and

• (b) orders of the Investigating Committee, as they have effect in relation to orders of the Discipline and Appeals Committee.

• (6) A person against whom an order is made by the Investigating Committee by virtue of subsection (1) may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.

• (7) Where an order is made by the Investigating Committee by virtue of subsection (2), a person listed in paragraphs (a) to (c) of that subsection may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.

• (8) Where an order is made by the Discipline and Appeals Committee under subsection (6) or (7)—

• (a) a party to the appeal, or

• (b) if not within paragraph (a), the Council,

may appeal against the order to the First-tier Tribunal .

• (9) On an appeal under subsection (8) the First-tier Tribunal may make such order as it thinks fit.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32A

• (1) For the purposes of section 32 a “conveyancing services body” means a body (corporate or unincorporate) in respect of which—

• (a) the management and control condition, and

• (b) the services condition,

are satisfied.

• (2) The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer.

• (3) The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer.

• (4) The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer.

• (5) The services condition is satisfied in respect of a body if the body is carrying on a business consisting of the provision of—

• (a) conveyancing services, or

• (b) conveyancing services and other relevant legal services.

• (6) For the purposes of this section—

• “authorised person” means an authorised person in relation to an activity which is a reserved legal activity (within the meaning of the Legal Services Act 2007);

• “relevant legal services”, in relation to a body, means—conveyancing services, andwhere authorised persons are managers or employees of, or have an interest in, the body, services such as are provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities within the meaning of the Legal Services Act 2007);

and a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).

33A

The Council may make rules prescribing its arrangements for authorising licensed conveyancers or licensed CLC practitioners , for the purposes of the Legal Services Act 2007, to carry on activities which consist of the administration of oaths.

Determination of allegations by Investigating Committee

Determination of allegations by Investigating Committee

Application to legal aid complaints against barristers of disciplinary provisions.

Legal aid complaints: preliminary.

Exclusion of solicitor from legal aid work.

Power of High Court to make judgments binding on persons who are not parties.

Interpretation of Part IV.

4ZA

Where rules made under section 32 of the 1974 Act and containing any such provision as is referred to in section 33(1) of that Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), then, except as provided by the rules, a manager or employee to whom the rules are applied is not liable to account to any client, other person or trust for interest received by the manager or employee on money held at a bank or building society in an account which is for money received or held for, or on account of—

• (a) clients of the recognised body, other persons or trusts, generally, or

• (b) that client, person or trust, separately.

Inspection of bank accounts

4A

• (1) This paragraph applies where rules made under section 33A(1) of the 1974 Act are applied—

• (a) to recognised bodies in accordance with section 9(2)(f) of this Act, or

• (b) to managers or employees of such bodies in accordance with section 9(2)(fb) of this Act.

• (2) The Society may disclose information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use—

• (a) in investigating the possible commission of an offence by the body or any of its managers or employees, and

• (b) in connection with any prosecution of the body or any of its managers or employees consequent on the investigation.

5A

Where rules made under section 34 of the 1974 Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), section 34(9) and (10) of that Act apply in relation to a manager or employee to which the rules are applied as they apply in relation to a solicitor.

Power to charge for costs of investigation

14A

• (1) The Society may make regulations prescribing charges to be paid to the Society by recognised bodies who are the subject of a discipline investigation or by the sole solicitor in a recognised sole solicitor’s practice which is subject to a discipline investigation .

• (2) A discipline investigation is an investigation carried out by the Society into a failure or apprehended failure by a recognised body , or by a sole solicitor, or any employee, in a recognised sole solicitor’s practice, to comply with any requirement imposed by or by virtue of this Act or any rules applicable to them by virtue of section 9.

• (3) Regulations under this paragraph may—

• (a) make different provision for different cases or purposes;

• (b) provide for the whole or part of a charge payable under the regulations to be repaid in such circumstances as may be prescribed by the regulations.

• (4) Any charge which a recognised body or a sole solicitor is required to pay under regulations under this paragraph is recoverable by the Society as a debt due to the Society from the recognised body or from that sole solicitor .

• (5) This paragraph applies in relation to a manager or employee of a recognised body as it applies in relation to a recognised body.

Disciplinary powers of the Society

14B

• (1) This paragraph applies where the Society is satisfied that—

• (a) a recognised body, or a manager or employee of a recognised body, or

• (b) a sole solicitor, or any employee, in a recognised sole solicitor’s practice,

has failed to comply with a requirement imposed by or by virtue of this Act or any rules applicable to that person by virtue of section 9 of this Act.

• (2) The Society may do one or both of the following—

• (a) give the person a written rebuke;

• (b) direct the person to pay a penalty not exceeding £25,000.

• (2A) In a case where this sub-paragraph applies, sub-paragraph (2)(b) has effect as if the words after “penalty” (which set a limit on the amount of the penalty a person may be directed to pay) were omitted.

• (2B) Sub-paragraph (2A) applies where the Society takes action against a person under sub-paragraph (2)(b) for failure to comply with a requirement or rule referred to in sub-paragraph (1) where—

• (a) the requirement or rule applies only for purposes relating to the prevention or detection of economic crime, or

• (b) the failure consisted of an act or omission which had the effect of inhibiting the prevention or detection of economic crime.

• (2C) In sub-paragraph (2B) “economic crime” has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023.

• (3) The Society may publish details of any action it has taken under sub-paragraph (2)(a) or (b), if it considers it to be in the public interest to do so.

• (4) Where the Society takes action against a person under sub-paragraph (2)(b), or decides to publish under sub-paragraph (3) details of such action under sub-paragraph (2)(a) or (b), it must notify the person in writing that it has done so.

• (5) A penalty imposed under sub-paragraph (2)(b) does not become payable until—

• (a) the end of the period during which an appeal against the decision to impose the penalty, or the amount of the penalty, may be made under paragraph 14C, or

• (b) if such an appeal is made, such time as it is determined or withdrawn.

• (6) The Society may not publish under sub-paragraph (3) details of any action under sub-paragraph (2)(a) or (b)—

• (a) during the period within which an appeal against—

• (i) the decision to take the action,

• (ii) in the case of action under sub-paragraph (2)(b), the amount of the penalty, or

• (iii) the decision to publish the details,

may be made under paragraph 14C, or

• (b) if such an appeal has been made, until such time as it is determined or withdrawn.

• (7) The Society must make rules—

• (a) prescribing the circumstances in which the Society may decide to take action under sub-paragraph (2)(a) or (b);

• (b) about the practice and procedure to be followed by the Society in relation to such action;

• (c) governing the publication under sub-paragraph (3) of details of action taken under sub-paragraph (2)(a) or (b);

and the Society may make such other rules in connection with the exercise of its powers under this paragraph as it considers appropriate.

• (8) Before making rules under sub-paragraph (7), the Society must consult the Tribunal.

• (9) A penalty under this paragraph may be recovered as a debt due to the Society, and is to be forfeited to Her Majesty.

• (10) The Lord Chancellor may, by order, amend paragraph (b) of sub-paragraph (2) so as to substitute for the amount for the time being specified in that paragraph such other amount as may be specified in the order.

• (11) Before making an order under sub-paragraph (10), the Lord Chancellor must consult the Society.

• (12) An order under sub-paragraph (10) is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (13) This paragraph is without prejudice to any power conferred on the Society, or any other person, to make an application or complaint to the Tribunal.

14C

• (1) A person may appeal against—

• (a) a decision by the Society to rebuke that person under paragraph 14B(2)(a) if a decision is also made to publish details of the rebuke;

• (b) a decision by the Society to impose a penalty on that person under paragraph 14B(2)(b) or the amount of that penalty;

• (c) a decision by the Society to publish under paragraph 14B(3) details of any action taken against that person under paragraph 14B(2)(a) or (b).

• (2) Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 of the 1974 Act (Tribunal rules about procedure for hearings etc) apply in relation to appeals under this paragraph as they apply in relation to applications or complaints, except that subsection (11) of that section is to be read as if for “the applicant” to “application)” there were substituted any party to the appeal.

• (3) Rules under section 46(9)(b) of the 1974 Act may, in particular, make provision about the period during which an appeal under this paragraph may be made.

• (4) On an appeal under this paragraph, the Tribunal has power to make an order which—

• (a) affirms the decision of the Society;

• (b) revokes the decision of the Society;

• (c) in the case of a penalty imposed under paragraph 14B(2)(b), varies the amount of the penalty;

• (d) in the case of a recognised body, contains provision for any of the matters mentioned in paragraph 18(2);

• (e) in the case of a manager or employee of a recognised body, or in the case of a sole solicitor, or an employee, in a recognised sole solicitor’s practice, contains provision for any of the matters mentioned in paragraph 18A(2);

• (f) makes such provision as the Tribunal thinks fit as to payment of costs.

• (5) Where, by virtue of sub-paragraph (4)(e), an order contains provision for any of the matters mentioned in sub-paragraph (2)(c) of paragraph 18A, sub-paragraphs (5) and (6) of that paragraph apply as if the order had been made under sub-paragraph (2)(c) of that paragraph.

• (6) An appeal from the Tribunal shall lie to the High Court, at the instance of the Society or the person in respect of whom the order of the Tribunal was made.

• (7) The High Court shall have power to make such order on an appeal under this paragraph as it may think fit.

• (8) Any decision of the High Court on an appeal under this section shall be final.

• (9) This paragraph is without prejudice to any power conferred on the Tribunal in connection with an application or complaint made to it.

18A

• (1) Where, on the hearing of any complaint made to it under paragraph 16(1A) or (1B) of this Schedule, the Tribunal is satisfied that a manager or employee of a recognised body , or the sole solicitor, or an employee, in a recognised sole solicitor’s practice —

• (a) has been convicted as mentioned in paragraph (a) of paragraph 16(1A) or (as the case may be) paragraph (a) of paragraph 16(1B) ,

• (b) has failed to comply with any requirement imposed by or by virtue of this Act or any rules applicable to the relevant person by virtue of section 9 of this Act, or

• (c) (in the case of a manager or employee of a recognised body) has acted as mentioned in paragraph (c) or (d) of paragraph 16(1A),

the Tribunal may, if it thinks fit, make one or more of the orders referred to in sub-paragraph (2).

• (2) Those orders are—

• (za) in the case of a complaint relating to a sole solicitor, or an employee, in a recognised sole solicitor’s practice, an order revoking the recognition under section 9 of this Act of the sole solicitor’s practice;

• (a) an order directing the payment by the relevant person of a penalty to be forfeited to Her Majesty;

• (b) an order requiring the Society to consider taking such steps as the Tribunal may specify in relation to the relevant person;

• (c) if the person is not a solicitor, an order which states one or more of the matters mentioned in sub-paragraph (3);

• (d) an order requiring the Society to refer to an appropriate regulator any matter relating to the conduct of the relevant person.

• (3) The matters referred to in sub-paragraph (2)(c) are—

• (a) that as from the specified date—

• (i) no solicitor or employee of a solicitor shall employ or remunerate, in connection with the practice carried on by that solicitor, the person with respect to whom the order is made, and

• (ii) no recognised body, or manager or employee of such a body, shall employ or remunerate that person, in connection with the business of the recognised body,

except in accordance with a Society permission;

• (b) that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to be a manager of the body;

• (c) that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to have an interest in the body.

• (4) For this purpose a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 the Legal Services Act 2007 (see sections 72 and 109 of that Act).

• (5) Subsections (1) to (1C), (3) and (4) of section 44 of the 1974 Act (offences in connection with orders under section 43(2) of that Act) apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of that Act, except that references in those subsections to provision within section 43(2)(a), (b) or (c) of that Act are to be read as references to provision within sub-paragraph (3)(a), (b) or (c).

• (6) Section 44(2) of the 1974 Act, paragraph 16(1)(d) and (1A)(d) of this Schedule and paragraph 15(3A) of Schedule 14 to the Courts and Legal Services Act 1990 apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of the 1974 Act.

• (7) For the purposes of sub-paragraph (2)(d) an “appropriate regulator” in relation to the relevant person means—

• (a) if the person is an authorised person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007, any relevant approved regulator (within the meaning of that Act) in relation to that person, and

• (b) if the person carries on activities which are not reserved legal activities, any body which regulates the carrying on of such activities by the person.

Revocation of recognition by reason of default by director

31A

Where rules made under section 32(1) of the 1974 Act are applied to managers or employees in accordance with section 9(2)(fb) of this Act, section 85 of the 1974 Act shall apply in relation to a manager or employee to whom the rules are applied who keeps an account with a bank or building society in pursuance of any such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32.

6A

• (1) Without prejudice to paragraph 5, if the Council passes a resolution to the effect that any rights to which this paragraph applies shall vest in the Council, those rights shall vest accordingly.

• (2) This paragraph applies to any right to recover or receive debts due to the licensed conveyancer or his firm in connection with his practice or former practice.

• (3) Any sums recovered by the Council by virtue of the exercise of rights vested under sub-paragraph (1) shall vest in the Council and shall be held by it on trust to exercise in relation to them the powers conferred by this Part of this Schedule and, subject to those powers and to rules under paragraph 6B, upon trust for the persons beneficially entitled to them.

• (4) The Council shall serve on the licensed conveyancer or his firm, and any person who owes a debt to which the order applies a certified copy of the Council's resolution.

6B

• (1) The Council may make rules governing its treatment of sums vested in it under paragraph 6 or 6A(3).

• (2) The rules may, in particular, make provision in respect of cases where the Council, having taken such steps to do so as are reasonable in all the circumstances of the case, is unable to trace the person or persons beneficially entitled to any sum vested in the Council under paragraph 6 or 6A(3) (including provision which requires amounts to be paid into or out of a fund maintained under section 21).

Trusts

10A

• (1) If the licensed conveyancer or his personal representative is a trustee of a trust, the Council may apply to the High Court for an order for the appointment of a new trustee in substitution for him.

• (2) The Trustee Act 1925 has effect in relation to an appointment of a new trustee under this paragraph as it has effect in relation to an appointment under section 41 of that Act.

12A

• (1) The High Court, on the application of the Council, may order a former partner of the licensed conveyancer to pay a specified proportion of the costs mentioned in paragraph 12.

• (2) The High Court may make an order under this paragraph only if it is satisfied that the conduct (or any part of the conduct) by reason of which the powers conferred by this Part were exercisable in relation to the licensed conveyancer was conduct carried on with the consent or connivance of, or was attributable to any neglect on the part of, the former partner.

• (3) In this paragraph “specified” means specified in the order made by the High Court.

1

• (1) Subject to sub-paragraph (2), references in this Schedule to a recognised body are references to a body . . . for the time being recognised under section 32.

• (2) In relation to any such allegation . . . as is mentioned in paragraph 3(1)(a)(ii) . . . of this Schedule references in this Schedule to a recognised body include references to a body . . . that was recognised under section 32 at the time when the conduct to which the allegation . . . relates took place.

2

In addition to the functions conferred on them by sections 24 , 24A and 25 the Investigating Committee and the Discipline and Appeals Committee shall have the functions conferred on them by the following provisions of this Schedule.

3A

• (1) Where, on hearing an allegation by virtue of paragraph 3(1A)(a), the Investigating Committee are satisfied—

• (a) in a case within paragraph 3(1)(a), that a recognised body has failed to comply with any such rules as are mentioned in sub-paragraph (ii) of that paragraph, or

• (b) in a case within paragraph 3(1)(aa) or (aaa) , that a manager or employee has failed to comply with any such rules as are mentioned in paragraph 3(1)(aa) or (aaa) (as the case may be) , or

• (c) in a case within paragraph 3(1)(ab), that a recognised body has failed to comply with any condition mentioned in that paragraph,

the Committee may make an order directing the payment by the recognised body, manager or employee of a penalty to be forfeited to Her Majesty.

• (2) In relation to proceedings before the Investigating Committee by virtue of paragraph 3(1A)(a), the Committee may make such order as they consider fit as to the payment of costs by—

• (a) the Council;

• (b) the recognised body, manager or employee against whom the proceedings were brought;

• (c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.

• (3) In sub-paragraph (2), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3.

• (4) The amount of any penalty required to be paid under sub-paragraph (1) may not exceed such amount as is prescribed by rules made by the Council for the purposes of this sub-paragraph.

• (5) Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to—

• (a) proceedings for the hearing and determination of an allegation by the Investigating Committee, as they have effect in relation to proceedings before the Discipline and Appeals Committee under section 26, and

• (b) orders of the Investigating Committee, as they have effect in relation to orders of the Discipline and Appeals Committee.

• (6) A person against whom an order is made by the Investigating Committee by virtue of sub-paragraph (1) may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.

• (7) If an order is made by the Investigating Committee by virtue of sub-paragraph (2), a person listed in paragraphs (a) to (c) of that sub-paragraph may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.

• (8) Where an order is made by the Discipline and Appeals Committee under sub-paragraph (6) or (7)—

• (a) a party to the appeal, or

• (b) if not within paragraph (a), the Council,

may appeal against the order to the First-tier Tribunal .

• (9) On an appeal under sub-paragraph (8) the First-tier Tribunal may make such order as it thinks fit.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes