Paragraph 3

England and Wales

(1)

The Investigating Committee shall carry out a preliminary investigation of any case in which—

(a)

it is alleged that a recognised body—

(i)

has (while a recognised body) been convicted F1. . . of a criminal offence which renders it unsuitable to be recognised under section 32; or

(ii)

has failed to comply with any rules applicable to it by virtue of that section; F2...

F3(aa)

it is alleged that a manager or employee of a recognised body who is not a licensed conveyancer has failed to comply with any rules applicable to him by virtue of section 32;

(F4aaa)

it is alleged that a manager or employee of a recognised body who is not a licensed CLC practitioner has failed to comply with any rules applicable to him by virtue of section 32; or

(ab)

it is alleged that a recognised body (while a recognised body) has failed to comply with a condition subject to which its recognition has effect.

(b)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6. . .

F7(1A)

After making such an investigation, the Investigating Committee may—

(a)

hear and determine the allegation, or

(b)

refer the allegation to the Discipline and Appeals Committee for hearing and determination by that Committee under paragraph 4.

(1B)

The Council shall make rules as to the cases in which the Investigating Committee may hear and determine an allegation, and the cases in which they must refer an allegation to the Discipline and Appeals Committee.

F8(2)

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

Annotations

Textual amendments

F1: Words in Sch. 6 para. 3(1)(a)(i) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 32(4)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(ff) (subject to art. 4)
F2: Word in Sch. 6 para. 3(1)(a)(ii) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 9(2)(a); S.I. 2015/1402, art. 2(b)
F3: Sch. 6 para. 3(1)(aa)(ab) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(4)(b), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)
F4: Sch. 6 para. 3(1)(aaa) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 9(2)(b); S.I. 2015/1402, art. 2(b)
F5: Sch. 6 para. 3(1)(b) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 32(4)(c)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(ff) (subject to art. 4)
F6: Words in Sch. 6 para. 3(1) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 32(4)(c)(ii), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(ff) (subject to art. 4)
F7: Sch. 6 para. 3(1A)(1B) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(4)(d), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i) (subject to art. 4)
F8: Sch. 6 para. 3(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(f)(v)