Paragraph 14

England and Wales

F1(1)

Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation as is mentioned in paragraph 3(1)(a)(ii), (aa) F2, (aaa) or (ab), the Committee may give an information notice to a relevant person.

(1A)

An information notice is a notice requiring the production or delivery to any person appointed by the Committee, at a time and a place to be fixed by the Committee, of all documents in the possession or under the control of the relevant person in connection with the matters to which the allegation relates (whether or not they relate also to other matters).

(1B)

In this section “relevant person” means—

(a)

in the case of an allegation against a recognised body, the recognised body or any of its managers or employees, and

(b)

in the case of an allegation against a manager or employee of a recognised body, the manager or employee, the recognised body or any other manager or employee of the recognised body.

(2)

Sub-paragraphs (2) to (12) of paragraph 9 of Schedule 5, together with paragraphs 11 F3to 12A of that Schedule, shall apply in relation to the powers conferred on the Investigating Committee by F4sub-paragraphs (1) and (1A) of this paragraph as they apply in relation to the powers conferred on the Council by sub-paragraph (1) of paragraph 9, and accordingly in those provisions—

(a)

any reference to the Council shall be construed as including a reference to the Committee;

(b)

any reference to the licensed conveyancer shall be construed as including a reference to the body F5, manager or employee with respect to which the powers are exercisable by virtue of sub-paragraphs (1) and (1A) of this paragraph;

(c)

any reference to a person appointed, or to a requirement, under paragraph 9(1) shall be construed as including a reference to a person appointed, or to a requirement, under sub-paragraphs (1) and (1A) of this paragraph; and

(d)

any reference to any such documents as are mentioned in paragraph 9(1) shall be construed as including a reference to any such documents as are mentioned in F6sub-paragraph (1A) of this paragraph.

Annotations

Textual amendments

F1: Sch. 6 para. 14(1)-(1B) substituted (31.3.2009) for Sch. 6 para. 14(1) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(16)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)
F2: Word in Sch. 6 para. 14(1) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 9(5); S.I. 2015/1402, art. 2(b)
F3: Words in Sch. 6 para. 14(2) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(16)(b)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)
F4: Words in Sch. 6 para. 14(2) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(16)(b)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)
F5: Words in Sch. 6 para. 14(2)(b) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(16)(b)(iii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)
F6: Words in Sch. 6 para. 14(2)(d) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(16)(b)(iv) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)