SCHEDULES

SCHEDULE 8E+W Licensed Conveyancers

PART IIE+W Amendments of Provisions Relating to Powers of Council Etc.

Delegation of powers etc.E+W

12(1)[F1The] Council may arrange for any of its functions (other than those of making rules, schemes or standing orders under Part II of the Act of 1985) to be discharged—E+W

(a)by a committee of the Council; or

[F2(b)by a sub-committee of such a committee; or

(c)by an individual (whether or not a member of the Council's staff).]

[F3(1A)Where by virtue of sub-paragraph (1) any function may be discharged by a committee, the committee may arrange for the discharge of that function by—

(a)a sub-committee of that committee; or

(b)an individual, whether or not a member of the Council's staff.

(1B)Sub-paragraph (1A) is subject to any contrary direction given by the Council.

(1C)Arrangements made under sub-paragraph (1) or (1A) in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body).

(1D)For this purpose “the delegating body” means—

(a)in the case of arrangements under sub-paragraph (1), the Council, and

(b)in the case of arrangements under sub-paragraph (1A), the committee.]

(2)The Council may make rules providing for functions conferred by Part II of the Act of 1985 on any committee established under that Part to be discharged by a committee established under this paragraph.

[F4(3)Any power conferred by sub-paragraph (1), (1A) or (2) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.]

(4)The Council may make rules providing for any of its committees (including one established under Part II of the Act of 1985) to refer any matter of a kind specified in the rules, in such circumstances as may be so specified, to any other such committee, or to the Council.

(5)Where any matter is referred under sub-paragraph (4) to a committee of the Council or to the Council, that committee or (as the case may be) the Council shall have the same power to deal with it as the committee referring it.

[F5(6)A committee or sub-committee established under this paragraph may include or consist of individuals other than—

(a)members of the Council;

(b)licensed conveyancers.

(7)A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee.

(7A)The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.

(7B)A committee or sub-committee may regulate its own procedure, including quorum.]

(8)The validity of any proceedings of such a committee shall not be affected by any casual vacancy among its members.

(9)Any rules made under this paragraph—

(a)may make such incidental and supplemental provision as the Council considers appropriate; and

(b)may make different provision for different circumstances.

[F6(10)This paragraph is subject to any provision to the contrary made by or under any enactment.]

Council’s intervention powersE+W

13E+WF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional servicesE+W

14E+WF8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: steps that may be takenE+W

15E+WF9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: compensationE+W

16E+WF10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: failure to comply with directionE+W

17E+WF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: feesE+W

18E+WF12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: costsE+W

19E+WF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of Discipline and Appeals CommitteeE+W

20E+WF14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to examine filesE+W

21(1)Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it—E+W

(a)alleging professional misconduct by a licensed conveyancer; or

(b)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Council may give notice to the licensed conveyancer or his firm requiring the production or delivery to any person appointed by the Council, at a time and place to be fixed by the Council, of all documents in the possession of the licensed conveyancer or his firm in connection with the matters to which the complaint relates (whether or not they relate also to other matters).

(2)The provisions of paragraphs 9(2) to (12), 11 and 12 of Schedule 5 to the Act of 1985 shall apply in relation to the powers conferred by sub-paragraph (1) as they apply in relation to the powers conferred by paragraph 9(1) of that Schedule.

Interest on clients’ moneyE+W

22E+WWhere a licensed conveyancer—

(a)is required by rules made under section 23 of the Act of 1985 to place any sum of money in a separate deposit account; but

(b)fails to do so as soon as is reasonably practicable,

the Council may give a direction requiring him to account to the client in question for any interest which has not been earned but which would have been earned if that sum had been placed in a separate deposit account as soon as was reasonably practicable.

Full and limited licencesE+W

F1623E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases in which conditions may be attached to licencesE+W

24E+WIn section 16(1) of the Act of 1985 (cases in which conditions may be attached to licences), the following shall be substituted for paragraph (i)—

“(i)after having been committed to prison in civil proceedings;

(ia)after having been convicted of an offence involving dishonesty or deception or a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984); or”.