Paragraph 2 Interpretation

In these Rules, unless the context otherwise requires:—

• “the Act” means the Administration of Justice Act 1985;

• “the 1990 Act” means the Courts and Legal Services Act 1990^f1;

• “appellant” means a person appealing to the Committee under section 29 of the Act (appeals from decision of Council in relation to licences) or, as the case may be, paragraph 8 of Schedule 6 to the Act (appeals against decision of Council in relation to grant of recognition);

• “Chairman” means the Chairman or acting Chairman of the Committee;

• “the Committee” means the Discipline and Appeals Committee established under section 25(1) of the Act;

• “the complainant” means the person whose complaint has been referred to the Committee by the Investigating Committee under section 24(1)(b) of or paragraph 3(1)(b) of Schedule 6 to the Act or who has made a complaint directly to the Committee under paragraph 17(1) of Schedule 8 to the 1990 Act;

• “the Council” means the Council for Licensed Conveyancers;

• “the Director” means the Director of the Council or any person appointed by the Council temporarily to perform the duties of that office;

• “the Investigating Committee” means the committee established under section 24 of the Act;

• “the Legal Assessor” means a person appointed under paragraph 3 of Schedule 4 to the Act^f2;

• “licensed conveyancer”—

  1. (a)

     means a person who holds a licence in force under Part II of the Act, and

  2. (b)

     in relation to a particular allegation or complaint, includes a person who held such a licence at the time when the conduct to which the allegation or complaint relates took place;

• “party” has the meaning at paragraph 1(5) of Schedule 4 to the Act.

• “recognised body”—

  1. (a)

     means a body for the time being recognised under section 32 of the Act, and

  2. (b)

     in relation to a particular allegation or complaint, includes a body corporate which was so recognised at the time when the conduct to which the allegation or complaint relates took place;

• “respondent” means—

  1. (a)

     in the case of an allegation or complaint referred to the Committee under section 24 of, or paragraph 3 of Schedule 6 to, the Act or a complaint made under paragraph 17 of Schedule 8 to the 1990 Act:—

     1. (i)

        the licensed conveyancer or recognised body about whom the allegation is made or the complaint is made or treated as made, and

     2. (ii)

        in any case where the recognition of a recognised body may be revoked under paragraph 5 of Schedule 6 to the Act and the Chairman or Committee so direct, includes the recognised body in question;

  2. (b)

     in the case of an appeal under section 29 of, or paragraph 8 of Schedule 6 to the Act, the Council;

  3. (c)

     in the case of an application under section 27 or 28(2) of, or paragraph 7(2) of Schedule 6, to the Act, the Council;

  4. (d)

     in the case of a reference under rule 4, the person or recognised body whose licence or recognition may be revoked;

• “the Solicitor”, in relation to any function under these Rules, means a solicitor authorised by the Council to act on its behalf for the purposes of that function and, in relation to a hearing, includes counsel instructed to act on the Council’s behalf.

The Interpretation Act 1978^f3 applies to these Rules as it applies to an Act of Parliament.