The Legal Services Act 2007 (Chartered Institute of Legal Executives) (Appeals from Licensing Authority Decisions) Order 2020

• Citation: S.I. 2020/301
• Sections: 7

Section 1 Citation and commencement

This Order may be cited as the Legal Services Act 2007 (Chartered Institute of Legal Executives) (Appeals from Licensing Authority Decisions) Order 2020 and comes into force on 6th April 2020.

Section 2 Interpretation

In this Order—

“the 2007 Act” means the Legal Services Act 2007;

“CILEx” means the Chartered Institute of Legal Executives.

Section 3 Application

This Order applies to appeals from decisions made by CILEx in its capacity as a licensing authority.

Section 4 Appeals to be made to the First-tier Tribunal

(1) The First-tier Tribunal may hear and determine appeals from decisions made by CILEx which are appealable under any provision of—

(a) Part 5 of the 2007 Act; or

(b) CILEx’s licensing rules .

(2) The First-tier Tribunal may suspend the effect of a decision of CILEx (whether or not the decision has already taken effect) while an appeal against that decision has been brought and has not yet been finally determined or withdrawn.

(3) The First-tier Tribunal may, in relation to appeals from decisions which are appealable under the licensing rules—

(a) affirm CILEx’s decision in whole or in part;

(b) quash CILEx’s decision in whole or in part;

(c) substitute for all or part of CILEx’s decision another decision of a kind that CILEx could have taken; or

(d) remit the matter to CILEx (generally, or for determination in accordance with a finding made or direction given by the First-tier Tribunal).

Section 5 Modifications to the 2007 Act

The Schedule to this Order (which modifies provisions of the 2007 Act) has effect.

Section 1 Modifications to section 96 of the 2007 Act

Section 96 of the 2007 Act (appeals against financial penalties) has effect in relation to a penalty imposed by CILEx as if—

(a) in subsection (1), “, before the end of such period as may be prescribed by rules made by the Board,” were omitted;

(b) subsections (6) and (7) were omitted; and

(c) for subsection (8) there were substituted—

(8) Except as provided by this section or Part 1 of the Tribunals, Courts and Enforcement Act 2007, the validity of a penalty is not to be questioned by any legal proceedings whatever.

Section 2 Modifications to Schedule 13 to the 2007 Act

(1) Schedule 13 to the 2007 Act (ownership of licensed bodies) has effect in relation to decisions of CILEx with the following modifications.

(2) Paragraph 18 (appeal from decision to approve notified interest subject to conditions) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted; and

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(3) Paragraph 20 (appeal from decision to object to a notified interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted; and

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(4) Paragraph 29 (appeal from decision to approve a notifiable interest subject to conditions) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted; and

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(5) Paragraph 32 (appeal from decision to object to acquisition of a notifiable interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted; and

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(6) Paragraph 34 (appeal from decision to impose conditions (or further conditions) on existing restricted interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted; and

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(7) Paragraph 37 (appeal from decision to object to existing restricted interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (4) and (5) were omitted; and

(c) in sub-paragraph (6), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(8) Paragraph 47 (notifying the Board of objection or condition as to a person’s holding of a restricted interest) has effect as if, in sub-paragraph (4), for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(9) Paragraph 48 (notifying the Board of approval of the holding of a restricted interest by a person included in the Board’s list of persons subject to objections and conditions) has effect as if, in sub-paragraph (3), for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(10) Paragraph 50 (appeal from decision to notify the Board where share limit or voting limit breached) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted; and

(c) in sub-paragraph (5), after “any appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.