This website uses cookies

We use cookies to improve your experience on our website. If you continue without changing your settings, we'll assume that you are happy to accept all cookies on the CLC website. You can change your settings at any time.

Handbook

Overview

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s regulatory regime is underpinned by the Handbook which sets out the regulatory responsibilities of all individuals and firms regulated by us. The current Codes and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance are set out below and at the links to the left.

Following consultation, the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will introduce a new, revised overarching the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct with effect from 1st January 2025.

There are some consequential changes to many of the subsidiary Codes.

The revised versions of the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and the affected subsidiary Codes are available here.

We urge all the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC practitioners to familiarise themselves with the changes ahead of 1st January 2025.

Handbook – the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.Regulatory Arrangements Universal

Overview

The regulatory regime is underpinned by the Handbook which sets out the regulatory responsibilities of all individuals and firms regulated by us.

Introduction

The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.The Legal Services Act

The The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act introduced the regulatory objectives are set out in Part 1 of the 2007 Act: (1) protecting and promoting the public interest (2) supporting the constitutional principle of the rule of law (3) improving access to justice (4) protecting and promoting the interests of consumers (5) promoting competition in the provision of services* (6) encouraging an independent, strong, diverse and effective legal profession (7) increasing public understanding of the citizen’s legal rights and duties (8) promoting and maintaining adherence to the professional principles. * services provided by Authorised PersonsRegulatory Objectives championing the interests of consumers of legal services:

  • Protecting and promoting the public interest;
  • Supporting the constitutional an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principle of the rule of law;
  • Improving the recognition of, and response to, potential and actual, consumer needs. This may take the form of provision of a greater range of services and methods of accessing these services, lower prices, extended opening hours, accessibility, online provision, or other factors.access to justice;
  • Protecting and promoting the interests of consumers;
  • Promoting competition in the provision of services;
  • Encouraging an independent, strong, diverse and effective legal profession;
  • Increasing public understanding of the citizen’s legal rights and duties; and
  • Promoting and maintaining adherence to the professional an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles.

The objectives focus upon the principled behaviour of legal services providers and the interests of the consumer and the public. They are therefore best supported through regulation based in an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles and focused upon positive any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services.Client Outcomes.

delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes-focused and an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles-based regulation

Our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements must uphold the the regulatory objectives are set out in Part 1 of the 2007 Act: (1) protecting and promoting the public interest (2) supporting the constitutional principle of the rule of law (3) improving access to justice (4) protecting and promoting the interests of consumers (5) promoting competition in the provision of services* (6) encouraging an independent, strong, diverse and effective legal profession (7) increasing public understanding of the citizen’s legal rights and duties (8) promoting and maintaining adherence to the professional principles. * services provided by Authorised PersonsRegulatory Objectives and are therefore concentrated on delivery of high standards alongside the 3 Cs of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client, competition and choice.

The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements and must be complied with at all times in the delivery of all its authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities, as specified in the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence. It specifies the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes you as members of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated community are expected to deliver. The following behaviours are considered essential to delivery of these delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

  1. Act with independence and integrity.
  2. Maintain high standards of work.
  3. Act in the best interests of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients.
  4. Comply with duty to the court.
  5. Deal with regulators and ombudsmen in an open and co-operative way.
  6. Promote equality of access and service.

These six the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principles are derived from the the regulatory objectives are set out in Part 1 of the 2007 Act: (1) protecting and promoting the public interest (2) supporting the constitutional principle of the rule of law (3) improving access to justice (4) protecting and promoting the interests of consumers (5) promoting competition in the provision of services* (6) encouraging an independent, strong, diverse and effective legal profession (7) increasing public understanding of the citizen’s legal rights and duties (8) promoting and maintaining adherence to the professional principles. * services provided by Authorised PersonsRegulatory Objectives set out above. The six have equal ranking and permeate our entire the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements; you/the body you own or manage must act in this principled way at all times. The the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principles are underpinned by PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and a strict direction for conduct that must be complied with.Specific Requirements:

delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes delivery of a positive result for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients; it is the end result of the applications of a an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principle or a strict direction for conduct that must be complied with.specific requirement;

an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes are generated for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients;

a strict direction for conduct that must be complied with.Specific requirement a strict direction for conduct.

Should a circumstance present an apparent conflict between a an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principle and another regulatory requirement you should opt for that which delivers the most positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcome for the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client concerned whilst maintaining independence, integrity and high standards of work. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.


Minimising prescription

Our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements are intended to ensure that any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients receive a service tailored to their needs; and legal service providers develop new and different ways of delivering services to their any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients. We will always look to provide an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles rather than a strict direction for conduct that must be complied with.specific requirements wherever possible in order that we promote, not just allow, competition and choice. More prescriptive, a strict direction for conduct that must be complied with.specific requirements are present only where they are required in the public interest and to protect the consumer. Such non-principled regulatory requirements will be applied in a principled-based way wherever possible so that any penalty imposed is proportionate to a breach.

In providing you with flexibility we are also giving you responsibility – of good governance, quality assurance and risk management. The many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance attached to Codes is there to provide useful information to the regulated community and in the case of guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Example Policies or Procedures to provide a possible route to the positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes sought, but importantly, not the only route. If you are able to generate the same or better delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes another way you are free to do so.


Applicability of Codes

All the Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and are in place to support the delivery of that Code’s delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes. The relevant the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and a strict direction for conduct that must be complied with.Specific Requirements are referenced in each Code so each one can be referenced as a standalone document where needed. The Universal Codes pertain to all all of the legal activities – both reserved legal activities and non-reserved – which the CLC authorises/permits the Licensed Conveyancer, or Body, within the terms of the licence to provide, and which are therefore regulated by the CLC.Regulated Services which a body provides. All individuals/bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC must comply with these Codes. The Codes identified as Specific – located in the rear of this Handbook – are relevant only to those bodies specified, or those providing the identified services.

We retain the discretion to waive a particular requirement of the the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. A body may apply for a modification of its a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence to this end or we may apply a waiver due to particular circumstances.

Words presented in bold italicised font – such as all of the legal activities – both reserved legal activities and non-reserved – which the CLC authorises/permits the Licensed Conveyancer, or Body, within the terms of the licence to provide, and which are therefore regulated by the CLC.Regulated Services above – are defined in the Glossary of specifies by way of endorsements, the Authorisations, Permissions and Conditions of a CLC Licence.Terms provided at the rear of this handbook.


Frameworks & Policies

We currently operate the following 7 Frameworks:

  • as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund Operating Framework;
  • the means by which members of the regulated community maintain, improve and broaden their knowledge and skills, keeping themselves up to date with the latest development in the profession and its markets, and so enabling them to meet their full potential and provide Clients with high levels of service.Continuing Professional Development Framework;
  • an Alternative Business Structure licensed by the CLC.Licensed Body (ABS) Licensing Framework;
  • a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer Licensing Framework;
  • the insurance that lawyers have to hold to protect Clients against any malpracticeProfessional Indemnity Insurance Operating Framework;
  • a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body Recognition Framework; and
  • Student Training Framework.

These define our operating parameters, setting out the process which will be followed in the relevant instances e.g. the as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund Operating Framework sets out the rules by which the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC manages its compensation scheme. We have provided the as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund, the means by which members of the regulated community maintain, improve and broaden their knowledge and skills, keeping themselves up to date with the latest development in the profession and its markets, and so enabling them to meet their full potential and provide Clients with high levels of service.Continuing Professional Development and the insurance that lawyers have to hold to protect Clients against any malpracticeProfessional Indemnity Insurance Frameworks within the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook for your reference. The remaining frameworks are available to view on the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC website (along with the 3 provided here and our Fees Framework) and are not provided in the Handbook as they are the frameworks under which you applied to be regulated by us, and through which your a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence or certificate was granted.

Policies mandate the performance of our activities. They set out the an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles and values which will be applied in our guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach to the relevant instances. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Regulation and action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy is provided in the Handbook due to its relevance to all of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated community and to the the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements set out in this Handbook.

The Regulation section of the guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy explains what we as a regulator of legal services are seeking to achieve and how our regulatory philosophy is put into practice. The action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement section explains how we identify and respond to non-compliance with our regulatory requirements and the factors which determine the form our response takes.

This Handbook and its accompanying Frameworks come into force on October 6th 2011, on which date the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Rules and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance Notes which they replace cease to have effect, save and except as the same still subsist or are capable of taking effect. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC can still take action in respect of any breach of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Rules and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance Notes, which occurred before 6th October 2011.

Welcome to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC!

the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct

To view the printable PDF version, please click here.

Introduction

This the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is made in accordance with s.20 of the The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.Administration of Justice Act 1985; s.53 of the The Courts & Legal Services Act 1990 which amended parts of the 1985 Act and entitles the CLC to apply to regulate probate, litigation and advocacy services in addition to conveyancing services.Courts and Legal Services Act 1990; and s.83 of the The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.Legal Services Act 2007.

All individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC must comply with this Code and its associated the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. In this Code “you” refers to individuals and bodies (and the (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees and means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers within them) regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code.

The Code comprises Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles, nder each of which sit specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes, which taken together will ensure you deliver positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes for your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and the profession, particularly in relation to Ethical an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 6, for others you deal with.

To effectively secure the protection of, and the provision of choice for, the consumer of legal services, you must at all times comply with the following Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles:

  1. Act with integrity, honesty and independence
  2. Know each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client and understand their specific needs, treat them fairly, keep their money safe, and act in their best interests
  3. Uphold the rule of law and public trust in the profession and legal services
  4. Maintain high standards of professional and personal conduct
  5. Collaborate openly and truthfully with regulators, ombudsmen, and other legal professionals;
  6. Promote and support equality, diversity, and inclusion in practice and service delivery.

These are underpinned by delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which must be complied with in order that the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles are supported and delivered.

Disciplinary proceedings may be taken against you if the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC believes there has been a breach of this Code, meaning that any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients do not receive the standard of legal services they should reasonably expect to receive. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s response will be informed by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Regulatory and action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement Policies.

In exceptional circumstances the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may waive a provision, or provisions, of the the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements for an individual, body or circumstance for a particular purpose, or purposes, and with the conditions specified in the waiver.

Ethical an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 1

Act with integrity, honesty and independence

You must deliver the following delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

1.1 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients receive good quality information, representation and advice;
1.2 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients receive a professional, honest and lawful service;
1.3 You maintain your independence

Ethical an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 2

Know each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client and understand their specific needs, treat them fairly, keep their money safe, communicate openly and truthfully with them and act in their best interests.

You must deliver the following delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

2.1 Each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s best interests are served within legal, ethical and regulatory bounds;

2.2 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients receive advice appropriate to their circumstances;

2.3 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients have the accurate, appropriate and useful information they need to make informed decisions and provide clear instructions;

2.4 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients are aware of any limitation or any condition resulting from your relationship with another party;

2.5 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients’ affairs are treated confidentially (except as required or permitted by law or with the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s consent);

2.6 You consult any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients on key decisions in a timely way;

2.7 You only recommend a particular person, business or product when it is in the best interests of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client;

2.8 Your accounting and banking methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements keep any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.client money secure;

2.9 Services are delivered in accordance with timetables reasonably agreed with the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client;

2.10 You accept responsibility where the service you provide is not of the expected standard and provide appropriate redress for the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client where necessary;

2.11 Handling of an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints takes proper account of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients’ individual needs, including those who are vulnerable;

2.12 an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Complaints are dealt with impartially and comprehensively

Ethical an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 3

Uphold the rule of law and public trust in the profession and legal services.

You must deliver the following delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

3.1 You act in the interests of justice;

3.2 You act in good faith towards any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients and other parties you engage with in the course of your practice;

3.3 You assist any Court or Tribunal or the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC's established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel honestly and openly as required and comply with any of their findings;

3.4 You refer any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients to appropriately qualified professionals for advice outside your areas of expertise;

3.5 You do not conduct yourself in a manner which may result in a breach of the law nor in any other manner which may bring the legal profession into disrepute.

Ethical an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 4

Maintain high standards of professional and personal conduct.

You must deliver the following delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

4.1 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients are provided with a high standard of legal services;

4.2 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client matters are dealt with using care, skill and diligence;

4.3 Appropriate methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements, resources, procedures, skills and commitment are in place to ensure any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients always receive a high standard of service;

4.4 Your skills and knowledge are up to date;

4.5 Personal conduct does not bring the profession into disrepute.

4.6 You administer oaths, affirmations and declarations properly.

the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principle 5

Collaborate openly and truthfully with regulators, ombudsmen, and other legal professionals.

You must deliver the following delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

5.1 You act in accordance with your legal and regulatory responsibilities, including responsibilities to Courts and Tribunals;

5.2 You are open and truthful in all your dealings with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC and other regulators, the the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman, HM Land Registry, the the legal process where the estate of a person is administered on their death.Probate Registry, HM Revenue and Customs, Lenders and other legal professionals, suppliers;

5.3 You comply within 2 working days.promptly and fully with a the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC direction or request;

5. 4 You comply within 2 working days.promptly with any please see authorisations, conditions, permissions and terms.authorisation, permission or condition endorsed on your a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence, a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body Certificate or an Alternative Business Structure licensed by the CLC.Licensed Body a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence;

5.5 You co-operate within 2 working days.promptly with any the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC investigation;

5.6 You co-operate fully with any the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman investigation and comply within 2 working days.promptly with any requests, requirements or findings they issue;

5.7 You co-operate fully with other regulators and ombudsmen and comply within 2 working days.promptly with any requests, requirements or findings they issue;

5.8 As a the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC licensee operating in an entity regulated by another regulator you must comply with that regulator’s regulations at all times.

Ethical an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 6

Promote and support equality, diversity and inclusion in practice, service delivery and dealings with any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients.

You must deliver the following delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:–

6.1 The service is accessible and responsive to the needs of individual any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients, including those who are vulnerable [1];

6.2 No-one - any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client, (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee, colleague, job as determined by the particular context: 1. any person who intends to apply, or is currently applying, for registration as a CLC student or for a CLC Licence; 2. a body which intends to apply, or is currently applying, for registration as a CLC Recognised Body; 3. a body which intends to apply, or is currently applying, for a Licensed Body (ABS) licence. Approved Person: under the Accounts Code this means: 4. an Authorised Person; or provided the CLC Body is in compliance with 9.1.4 of the Accounts Code, any other appropriately skilled, trained and competent person of integrity who has been authorised on Durable Medium by the CLC Body.applicant, trainee or other party - you deal with is discriminated [2] against (whether directly or indirectly), victimised or harassed;

6.3 You promote and support diversity and inclusion in management and legal service delivery

1. a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client may be vulnerable because of a range of characteristics, including (but not limited to): basic skills: literacy and numeracy; complexity and confusion: difficulty of accessing and understanding large amounts of information; disability or other impairment; mental health issues; distress or sudden change in circumstances e.g. bereavement, divorce, illness or loss of employment; low income; age; caring responsibilities; limited knowledge of, or limited skills in, use of English; balance of power: lack of competition and or choice; or inexperience or lack of knowledge of a particular subject. Vulnerability can only be assessed on a case-by-case basis.

2. On the grounds of age, disability, gender reassignment, marital and civil partnership status, pregnancy and maternity, race, religion or faith, sex or sexual orientation.

legislation directed to the prevention of Money Laundering and Combating the Financing of Terrorism, and in particular, the: (a) Proceeds of Crime Act 2002 (as amended); (b) Terrorism Act 2000 (as amended); and Money Laundering Regulations 2007 – SI 2007/2157 (the ML Regulations).Anti-Money Laundering & Combating Terrorist Financing Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing certain important areas of practice, including this legislation directed to the prevention of Money Laundering and Combating the Financing of Terrorism, and in particular, the: (a) Proceeds of Crime Act 2002 (as amended); (b) Terrorism Act 2000 (as amended); and Money Laundering Regulations 2007 – SI 2007/2157 (the ML Regulations).Anti-Money Laundering & Combating Terrorist Financing Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You comply with legislation directed to the prevention of Money Laundering and Combating the Financing of Terrorism, and in particular, the: (a) Proceeds of Crime Act 2002 (as amended); (b) Terrorism Act 2000 (as amended); and Money Laundering Regulations 2007 – SI 2007/2157 (the ML Regulations).anti-money laundering and prevention of financing terrorism legislation.
  2. You arrangements are in place to ensure processes are carried out in an orderly fashion.systematically identify and mitigate risks to the business and to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients.
  3. You maintain proper governance, management, supervision, financial and risk management methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls.
  4. You must also comply with the following a strict direction for conduct that must be complied with.specific requirements:

  5. You have appropriate management methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and systems and strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls in place to comply with anti-money laundering regulations.
  6. You ensure that management methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements, systems and strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls enable the identification, assessment, monitoring and management of AML/CTF risk and are appropriate to the nature, scale and complexity of your activities. Any system or product you use must be sufficiently robust to provide the necessary degree of certainty and incorporate qualitative checks that assess the strength of information supplied. It will include data from a range of sources and across time. Your evidence base must be composite and comprehensive.
  7. You carry out regular reviews of the adequacy of management methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements, systems and strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls.
  8. You ensure that, in order to meet your responsibilities under the AML/CTF Legislation your management methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements, systems and strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls include:-
    (a) an appropriate AML/CTF policy;
    (b) appropriate and regular training for  (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees (of which a record must be kept) in relation to AML/CTF to enable  (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees to recognise and deal with transactions and other activities which may be related to AML/CTF;
    (c) appropriate internal reporting procedures;
    (d) management and retention of records of includes all of: 1. “Customer Due Diligence measures” (as defined by regulation 5 ML Regulations)
    2. “Ongoing Monitoring” (as defined by Regulation 8(2) ML Regulations)
    3. “Enhanced Customer Due Diligence measures” (as described in regulation 14 ML Regulations)
    4. ”Enhanced Ongoing Monitoring” (as referred to in regulation 14 ML Regulations).
    CDD
    and information about, suspicion reports received  by the business;
    (e) appropriate measures to ensure that AML/CTF is taken into account in the day to day operation, including the application of appropriate includes all of: 1. “Customer Due Diligence measures” (as defined by regulation 5 ML Regulations)
    2. “Ongoing Monitoring” (as defined by Regulation 8(2) ML Regulations)
    3. “Enhanced Customer Due Diligence measures” (as described in regulation 14 ML Regulations)
    4. ”Enhanced Ongoing Monitoring” (as referred to in regulation 14 ML Regulations).
    CDD
    for:-
    (i) dealing with existing any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients;
    (ii) the taking on of new any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients;
    (iii) dealing with the individual or company which has all the benefits and entitlements of a legal owner, even if not named or registered as the legal owner.Beneficial Owners;
    (iv) incorporating changes in the services provided;
    (f) appropriate includes all of: 1. “Customer Due Diligence measures” (as defined by regulation 5 ML Regulations)
    2. “Ongoing Monitoring” (as defined by Regulation 8(2) ML Regulations)
    3. “Enhanced Customer Due Diligence measures” (as described in regulation 14 ML Regulations)
    4. ”Enhanced Ongoing Monitoring” (as referred to in regulation 14 ML Regulations).
    CDD
    measures to ensure that procedures for identifying and verifying new any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and the individual or company which has all the benefits and entitlements of a legal owner, even if not named or registered as the legal owner.Beneficial Owners do not unreasonably deny access to the  services to potential any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients who can not reasonably be expected to produce detailed evidence of identity.
  9. You :-
    (a) appoint a a person in a CLC body who receives internal reports (disclosures) of known or suspected money laundering and with responsibility to assess whether a Suspicious Activity Report should be made.Nominated Officer with responsibility to receive suspicion reports and make reports to the the law enforcement agency (replaced SOCA) which has harm reduction responsibilities and which targets criminal activities such as fraud, money laundering and identity theft.National Crime Agency (NCA);
    (b) appoint a means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager (who may or may not be the a person in a CLC body who receives internal reports (disclosures) of known or suspected money laundering and with responsibility to assess whether a Suspicious Activity Report should be made.Nominated Officer) with responsibility for ensuring the business complies with this Code;
    (c) ensure that the a person in a CLC body who receives internal reports (disclosures) of known or suspected money laundering and with responsibility to assess whether a Suspicious Activity Report should be made.Nominated Officer or means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager has an appropriate level of authority and independence , and access to resources and information sufficient to enable them to carry out that responsibility.
  10. You:
    a)    establish the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s identity, obtaining proof of that identity to establish that a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client is who they say they are and that they live at the address given;
    b)    obtain confirmation of instructions direct from the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client (and from all other interested parties) wherever possible, particularly where they communicate through an intermediary and
    (i) obtain detailed instructions;
    (ii) satisfy itself that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client is not subject to duress or undue influence and
    (iii) satisfy itself that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client is entering into the transaction knowingly;
    c)    be satisfied that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s economic position, wealth and lifestyle correspond with the proposed transaction;
    d)    check all signatures to reduce any risk of forgery of the signatures of other interested parties (e.g. a husband who forges his wife’s signature).
  11. Records are stored on the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium.
  12. Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet the requirements under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Anti-Money Laundering and Combating Terrorist Financing many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

  1. General Provisions
    1. The requirements of the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts Code apply to all a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer and practices who receive or deal with money belonging to a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
    2. Each means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager of a A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice is jointly and severally responsible with any other means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager of that A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice for compliance with the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts Code by the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice and its (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees.
    3. means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers must maintain proper governance, management and supervision of the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice and ensure appropriate systems, procedures, processes and internal strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls are in place to comply with the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts Code.
    4. To monitor compliance with the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts Code, the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may at any time request information which must be delivered at the time and place and in the format requested by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
    5. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is entitled to seek verification of information from any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients, staff, service providers and banks. If requested, the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice will provide written permission to facilitate the provision of this information.
    6. A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must comply with anti-money laundering and counter-terrorist financing legislation. 
  2. a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account
    1. A a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account is a current or deposit account in the name of the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice designated as a ‘a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account’ at a Bank or a branch situated in England and Wales of a Building Society incorporated (or deemed to be incorporated) under the Building Societies Act 1986.Building Society located in England or Wales.
    2. A a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account is used to hold any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money, and must not be used as a banking facility for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients.
    3. The a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account and an account in the name of a CLC regulated individual or body for holding Office Money.Office Account may only be used for the provision of services regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. Separate an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.accounts and separate includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.accounting records must be maintained for any other services which are not the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC-regulated. 
  3. any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money
    1. any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money is any money held or received on behalf of a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client by a A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice incidental to the provision of legal services regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
    2. any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money must be paid into a dedicated a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account without delay and must always be kept separate from any other money.
    3. All reasonable steps must be taken to keep any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money safe.
    4. any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money must always be immediately available to be applied in accordance with the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s instructions.
    5. Any shortfall on a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account must be replaced in normal circumstances, either on the same day, or on the next working day.Without Delay.
    6. The any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client side of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client ledger must not go into debit.
    7. The Office side of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client ledger must not go into credit.
    8. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must pay money received into the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account if there is doubt whether it is wholly money which belongs to a CLC regulated individual, or body, and any other money which is not Client Money and includes:
      (a) money held or received in connection with running the body e.g. PAYE, or VAT on the firm’s fees
      (b) interest on Client Accounts (other than on Separate Designated Accounts)
      (c) payments received in respect of fees for which a bill has been delivered, and the bill is recorded in the office columns of the appropriate client ledger account
      (d) payments received in respect of disbursements already paid, or for which a liability to pay has been incurred, and the payment, or liability is recorded in the office columns of the appropriate client ledger account
      (e) money received from a Client as a debt owed, which is recorded in the office columns of the appropriate client ledger account.
      Office Money
      .
    9. Money incorrectly paid into a a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account must on discovery be transferred out of the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account in normal circumstances, either on the same day, or on the next working day.Without Delay.
    10. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must advise the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC in normal circumstances, either on the same day, or on the next working day.Without Delay of the discovery of any misappropriation of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client funds and must make good any shortfall from its an account in the name of a CLC regulated individual or body for holding Office Money.Office Account in normal circumstances, either on the same day, or on the next working day.Without Delay.
    11. Interest earned on any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money must be credited to the respective any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client ledger. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must obtain informed written consent from the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client if it wishes to depart from this requirement. 
  4. Withdrawals from any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts
    1. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice may only withdraw money from a a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account if:
      1. it is to make a payment to or on behalf of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client
      2. it is to pay an invoice for services provided by the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice which has been properly submitted to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client
      3. it is to reimburse the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice for money paid out of the an account in the name of a CLC regulated individual or body for holding Office Money.Office Account on behalf of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client
      4. it has been paid into the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client account in error
      5. it is transferred to another a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account
      6. it is in compliance with 4.4.
    2. Payments out of a a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account must be approved by a duly authorised signatory to the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account and may only be made by:
      1. cheque
      2. electronic payment (BACS/CHAPS)
      3. written an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank instruction.
    3. Money held in a a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account must be paid to the the person beneficially entitled to receive monies held by the CLC regulated individual or body, or any sum vested in the CLC under paragraph 6 or 6A(3) of schedule 5 to the 1985 Act.Rightful Recipient as soon as there is no longer any proper reason to retain it.
    4. any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money may be withdrawn from a a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account under 4.1(f) where there has been no movement on the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client ledger for over 12 months and the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice has:
      1. established the identity of the the person beneficially entitled to receive monies held by the CLC regulated individual or body, or any sum vested in the CLC under paragraph 6 or 6A(3) of schedule 5 to the 1985 Act.Rightful Recipient
      2. taken appropriate steps to return the any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money to the the person beneficially entitled to receive monies held by the CLC regulated individual or body, or any sum vested in the CLC under paragraph 6 or 6A(3) of schedule 5 to the 1985 Act.Rightful Recipient (which have been unsuccessful), and
      3. recorded the steps taken in accordance with requirement 4.4(a)-(b) and retained those records (together with all relevant documentation).
    5. Having satisfied requirements 4.4(a)-(c), the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice may pay any Aged Balance not exceeding £50 to a nominated charity, to the an account in the name of a CLC regulated individual or body for holding Office Money.Office Account, or to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
    6. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice remains liable to repay monies due to the the person beneficially entitled to receive monies held by the CLC regulated individual or body, or any sum vested in the CLC under paragraph 6 or 6A(3) of schedule 5 to the 1985 Act.Rightful Recipient unless they have been paid to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC, in which case the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is liable to pay monies due.
    7. Any withdrawal of an Aged Balance exceeding £50 must be authorised by and paid to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will repay the any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money when demanded by the the person beneficially entitled to receive monies held by the CLC regulated individual or body, or any sum vested in the CLC under paragraph 6 or 6A(3) of schedule 5 to the 1985 Act.Rightful Recipient. 
  5. includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.Accounting Records
    1. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must update their includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.Accounting Records at regular intervals, but not exceeding 30 days from the respective calendar month end.
    2. includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.Accounting Records must be drawn up in accordance with generally accepted accounting practices.
    3. includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.Accounting Records must be compiled by an individual with the appropriate skill and experience.
    4. The accounting system must maintain accurate and chronological records of:
      1. any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money and money which belongs to a CLC regulated individual, or body, and any other money which is not Client Money and includes:
        (a) money held or received in connection with running the body e.g. PAYE, or VAT on the firm’s fees
        (b) interest on Client Accounts (other than on Separate Designated Accounts)
        (c) payments received in respect of fees for which a bill has been delivered, and the bill is recorded in the office columns of the appropriate client ledger account
        (d) payments received in respect of disbursements already paid, or for which a liability to pay has been incurred, and the payment, or liability is recorded in the office columns of the appropriate client ledger account
        (e) money received from a Client as a debt owed, which is recorded in the office columns of the appropriate client ledger account.
        Office Money
        transactions, with sufficient narrative to explain their purpose
      2. the indebtedness of the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice to individual any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients
      3. each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s total indebtedness to the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice
      4. individual transactions on individual a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account ledgers
      5. bills of costs which distinguish between costs, generally any payments made, or for which a liability to pay has been incurred, by a CLC regulated individual or body to a third party on behalf of a Client. disbursements are deemed to include: stamp duty land tax; Land Registry fees; Local Authority and any other applicable search fees.disbursements and VAT, and
      6. the balance on any any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client or Office ledger account (current and historic).
    5. Bank reconciliation statements must be produced within seven (7) days of the respective calendar month end.
    6. The reconciliation statement must compare the an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank balance, the cash book balance and include a listing of reconciling items. any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.accounts must also be reconciled to the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account listing.
    7. Reconciling items need to be reviewed and cleared on a timely basis.
    8. If accounting or cashiering functions are outsourced, the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must have immediate and unrestricted access to its includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.Accounting Records. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must maintain oversight of accounting and cashiering functions and remains responsible for the includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.Accounting Records.
    9. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must retain includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping.Accounting Records for no less than six (6) years. 
  6. a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report

      A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice responsibilities

    1. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must procure the delivery by the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC of an a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report if at any time during an the period for which the accounts of the CLC Body are ordinarily made up, provided however that it begins at the end of the previous Accounting Period and covers 12 months (except with the prior written consent of the CLC).Accounting Period the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice held or received any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money.
    2. The a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report must be delivered by the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC within 6 months of the end of the the period for which the accounts of the CLC Body are ordinarily made up, provided however that it begins at the end of the previous Accounting Period and covers 12 months (except with the prior written consent of the CLC).Accounting Period.
    3. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must immediately notify the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC of any changes to the identity, address or any other relevant details of the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant.
    4. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must supply the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant with any and all records and explanations required to exercise their duties.
    5. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must apply to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for consent to vary the the period for which the accounts of the CLC Body are ordinarily made up, provided however that it begins at the end of the previous Accounting Period and covers 12 months (except with the prior written consent of the CLC).Accounting Period.
    6. an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant eligibility

    7. The an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant must be a member of one of the following accounting bodies and must be in good standing at the time of signing the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report:
      1. the Institute of Chartered Accountants in England and Wales
      2. the Institute of Chartered Accountants of Scotland
      3. the Institute of Chartered Accountants in Ireland, or
      4. the Association of Chartered Certified Accountants.
    8. A person may not be a an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant if:
      1. the accountant has been found guilty by a professional body of professional misconduct or equivalent
      2. at any time between the beginning of the the period for which the accounts of the CLC Body are ordinarily made up, provided however that it begins at the end of the previous Accounting Period and covers 12 months (except with the prior written consent of the CLC).Accounting Period to which the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report relates and the signing of the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report, they were either a partner, (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee or officer in the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice to which the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report relates, or were employed by the same employer as the arrangers or sellers of insurance products regulated by the Financial Conduct Authority.Authorised Person for whom the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report is given, or
      3. the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC has disqualified the accountant from completing, signing and delivering an a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report because it is satisfied that the accountant:
        1. has failed to exercise due care and skill in the preparation of an a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report, or
        2. has an actual or reasonably apparent situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.Conflict of interest.
    9. an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant responsibilities

    10. The an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant must be engaged to:
      1. determine whether the a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts Code has been complied with, by examining:
        1. internal strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls, management oversight and supervision systems
        2. monthly a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account reconciliations
        3. a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Client Account balances, transactions and shortfalls
      2. complete, sign and deliver the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report in the form required by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC with any supporting schedules to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC with a copy to the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice
      3. report directly and immediately to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC without prior reference to the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice if in the course of the engagement evidence of theft or fraud affecting any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money is discovered or there is a reasonable belief that any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.Client Money may be at risk
      4. report directly to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC if their appointment is terminated after:
        1. the issue of, or indication of the intention to issue, a qualified a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report
        2. concerns are raised with the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice in the course of their retainer
      5. retain the a statement on a Durable Medium of all terms upon which instructions are accepted.terms of engagement for at least 2 years after delivery of the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report, and to provide the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC with a copy on request.
      6. on request, provide the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any further relevant information relating to the compilation of the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report.
    11. By accepting the engagement the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant agrees that:
      1. the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will rely upon the content of the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report
      2. a duty of care is owed by the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC
      3. the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant's liability to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will be limited to the loss and costs suffered by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC arising from items the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant has negligently or fraudulently failed to identify and specify in the a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period.Accountant’s report
      4. to the extent necessary to enable the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant to comply with the paragraphs 6.9(a)-(c), the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice waives its rights of confidentiality. The waiver extends to any report made, documents produced or information disclosed to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC in good faith and in accordance with these instructions, even though it may subsequently transpire that the an accountant qualified in accordance with requirements 16.5-16.7 of the Accounts Code, instructed by the CLC regulated individual or body to prepare and sign an Accountant’s Report.Reporting Accountant was mistaken in his belief that there was cause for concern. 
  7. Third Party Managed a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts (TPMAs)
    1. Only a A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice approved by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may enter into methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements with a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client to use a named means an account
      (a) held at a bank or building society in the name of a third party which is
      1. an authorised payment institution,
      2. a small payment institution that has chosen to implement safeguarding arrangement in accordance with the Payment Services Regulations, or
      (b) an EEA authorised payment institution
      (as each is defined in the Payment Services Regulations) regulated by the Financial Conduct Authority,
      (c) in which monies are owned beneficially by the third party, and
      (d) which is operated upon terms agreed between the third party, the CLC Practice and the Client as an escrow payment service.
      TPMA
      provider.
    2. Any application to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to use a named means an account
      (a) held at a bank or building society in the name of a third party which is
      1. an authorised payment institution,
      2. a small payment institution that has chosen to implement safeguarding arrangement in accordance with the Payment Services Regulations, or
      (b) an EEA authorised payment institution
      (as each is defined in the Payment Services Regulations) regulated by the Financial Conduct Authority,
      (c) in which monies are owned beneficially by the third party, and
      (d) which is operated upon terms agreed between the third party, the CLC Practice and the Client as an escrow payment service.
      TPMA
      provider must include such information and documentation as the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC requires.
    3. Use of a means an account
      (a) held at a bank or building society in the name of a third party which is
      1. an authorised payment institution,
      2. a small payment institution that has chosen to implement safeguarding arrangement in accordance with the Payment Services Regulations, or
      (b) an EEA authorised payment institution
      (as each is defined in the Payment Services Regulations) regulated by the Financial Conduct Authority,
      (c) in which monies are owned beneficially by the third party, and
      (d) which is operated upon terms agreed between the third party, the CLC Practice and the Client as an escrow payment service.
      TPMA
      must not result in the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice receiving or holding any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client funds.
    4. The A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice must take reasonable steps to ensure that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has been informed of and understands:
      1. the terms of the contractual methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements relating to the use of the means an account
        (a) held at a bank or building society in the name of a third party which is
        1. an authorised payment institution,
        2. a small payment institution that has chosen to implement safeguarding arrangement in accordance with the Payment Services Regulations, or
        (b) an EEA authorised payment institution
        (as each is defined in the Payment Services Regulations) regulated by the Financial Conduct Authority,
        (c) in which monies are owned beneficially by the third party, and
        (d) which is operated upon terms agreed between the third party, the CLC Practice and the Client as an escrow payment service.
        TPMA
        , and
      2. the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s right to terminate the agreement and dispute payment requests made by the A legal firm regulated by the Council for Licensed Conveyancers.CLC Practice.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.Accounts many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.

an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Complaints Code

To view the printable PFD copy, click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, such as this an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Complaints Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You make all reasonable efforts to ensure your service is accessible and responsive to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients, including those with vulnerabilities.
  2. The an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints procedure is clear, well-publicised and free.
  3. You treat an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints seriously and provide appropriate redress options.
  4. You deal with an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints fairly and within 28 days.
  5. You identify and address systemic any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints issues.
  6. You operate a procedure which is appropriate to the needs of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and which allows an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints to be made by any reasonable 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    .
  7. You deal with an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints constructively and impartially, basing decisions upon a sufficient investigation of the circumstances.
  8. Where redress offers are accepted, these are actioned within 28 days.
  9. You treat fairly members of staff who are the subject of a an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint.
  10. From the outset you advise any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients in a prominent place on your website and in writing of their right to make a an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint, how to make it, to whom, and the timeframes involved.
  11. You advise any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients in a prominent place on your website andin writing of their right to have their an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint escalated to the the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman, and provide them with contact details and timeframes of that body.
  12. You keep a record of an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints received and any action taken as a result.
  13. an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Complaints are investigated under the supervision of one of your senior means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers/members.
  14. You respond in writing to an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints within 7 days. Where a full response cannot be given in this timeframe, you acknowledge receipt of the an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint, give the reason for the delay and commit to responding fully within 28 days of receipt of their initial an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint.
  15. The response includes:
    • a clear explanation of your assessment of the an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint;
    • your decision on it,
    • offer of remedial action and/or redress where a an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint is upheld;
    • information on your an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint-handling review procedure (if applicable), its timeframes and how it can be accessed;
    • information on the complainant’s right to refer the an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint to the the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman, its timeframes and contact details[1];
    • information about a named an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint body approved by The Chartered Trading Standards Institute[2] which is competent to deal with an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints about legal services, if both you and any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients wish to use such a scheme;
    • a statement whether you agree to use such a scheme[3].
  16. Should your procedure make provision for review of how a an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint was handled, the review must be carried out in a timely manner and not inconvenience the complainant.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Complaints many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

_______________________________

1. These requirements are unaffected by the EU Directive on consumer alternative dispute resolution

2. See the Trading Standards website. an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Complaints bodies which are currently approved for this purpose are Ombudsman Services, ProMediate and Small under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.Claims Mediation.

3. Although you must provide information about a an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints body, there is no requirement for you to use that an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints body’s an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints scheme

situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.Conflict(s) of Interest Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.Conflict(s) of Interest Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You do not act for a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client where you judge it is not in their best interest for you to do so.
  2. You do not accept instructions from a person nor continue to act for a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client whose interests conflict directly with your own, the entity’s, or another any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  3. Where the entity represents parties with different interests in any transaction each party is at all times represented by different a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    conducting themselves in the matter as though they were members of different entities.
  4. Before or when accepting instructions to act for a second any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client you inform each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client in writing that the body has been asked to act for another any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client in the same matter and you explain the relevant issues and risks to them.
  5. You only act for both any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients if each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has provided informed written consent that you may act for another any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client in the matter.
  6. You do not act, or do not continue to act, for a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client where your ability to give independent advice is in any way restricted.  This may arise if:
    1. you owe separate duties to act in the best interests of two or more any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients in relation to the same or related matters, and those duties conflict, or there is a significant risk that those duties may conflict;  or
    2. your duty to act in the best interests of any any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client in relation to a matter conflicts, or there is a significant risk that it may conflict, with your own interests in relation to that or a related matter.
  7. If a conflict arises which was or should have been foreseen, you do not charge either any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client a fee for the work undertaken (other than for generally any payments made, or for which a liability to pay has been incurred, by a CLC regulated individual or body to a third party on behalf of a Client. disbursements are deemed to include: stamp duty land tax; Land Registry fees; Local Authority and any other applicable search fees.disbursements properly incurred).
  8. As an exception to requirement 4, and provided no situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.Conflict of interest arises, if you are a body with only one a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    you may act for more than one any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client where one of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients is a lender providing mortgages in the normal course of its business activities.

Should you require information on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.Conflict(s) of Interest many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.

the means by which members of the regulated community maintain, improve and broaden their knowledge and skills, keeping themselves up to date with the latest development in the profession and its markets, and so enabling them to meet their full potential and provide Clients with high levels of service.Continuing Professional Development Code

To view the printable PDF version, please click here.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC; all individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC must comply with this Code. You must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code.
delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes-Focused
The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct requires you to deliver the following delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

  •     any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients are provided with a high standard of legal service (delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcome 2.1);
  •     any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client matters are dealt with using care, skill and diligence (delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcome 2.2);
  •     Appropriate methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements, resources, procedures, skills and commitment are in place to ensure any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients always receive a high standard of service (delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcome 2.3);
  •     Each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s best interests are served (delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcome 3.1).

Keeping your legal knowledge up-to-date and relevant helps you deliver these delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes and requires you to act in a principled way:

  1.  Maintain High Standards of Work. (the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principle 2)
  2.  Act in the Best Interests of your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients. (the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principle 3)
  3.  You keep your skills and knowledge up-to-date. (CoC P2b)
  4.  You ensure all individuals within the entity are competent to do their work. (CoC P2c)
  5.  You promote ethical practice and compliance with regulatory requirements. (CoC P2g)
  6.  You only accept instructions and act in relation to matters which are within your professional competence. (CoC P3a)
  7.  You provide equal opportunities for all partners, (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees or as determined by the particular context: 1. any person who intends to apply, or is currently applying, for registration as a CLC student or for a CLC Licence; 2. a body which intends to apply, or is currently applying, for registration as a CLC Recognised Body; a body which intends to apply, or is currently applying, for a Licensed Body (ABS) licence. Approved Person: under the Accounts Code this means: 3. an Authorised Person; or provided the CLC Body is in compliance with 9.1.4 of the Accounts Code, any other appropriately skilled, trained and competent person of integrity who has been authorised on Durable Medium by the CLC Body.applicants in employment and training. (CoC P6c)

You must also comply with the following a strict direction for conduct that must be complied with.specific requirements:

  1.  In each year in which you hold a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence you complete the means by which members of the regulated community maintain, improve and broaden their knowledge and skills, keeping themselves up to date with the latest development in the profession and its markets, and so enabling them to meet their full potential and provide Clients with high levels of service.Continuing Professional Development in such courses, lectures, seminars or other programmes or other activities approved by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
  2.  You are able to demonstrate that the subject matter of the course or activity is relevant to your professional development or area of practice and to help you deliver positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes to your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients.
  3.  Each year you inform the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC – in such form as the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may from time to time prescribe – whether or not you have complied with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s requirements for continuing professional development as they apply to you.
  4.  You keep an up-to-date training record. You provide the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC with this record upon its request.
  5.  You attend, and pay to attend, a specific course that the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC has directed you to attend (as an alternative to disciplinary action).

Dealing with as set out at s.111 of 2007 Act, a person who is not: (1) an Authorised Person in relation to an activity that constitutes a reserved legal activity (2) a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) (3) a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales) (4) a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Persons Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this Dealing with as set out at s.111 of 2007 Act, a person who is not: (1) an Authorised Person in relation to an activity that constitutes a reserved legal activity (2) a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) (3) a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales) (4) a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Persons (third parties) Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. In the context of this Code the NonAuthorised Person refers to the party on the other side of a transaction. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You do not have dealings with any as set out at s.111 of 2007 Act, a person who is not: 1. an Authorised Person in relation to an activity that constitutes a reserved legal activity 2. a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) 3. a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the irective applies (other than the title of barrister or solicitor in England and Wales) 4. a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Person carrying on under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities including as defined at s.11(3) of the 1985 Act , includes the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land.conveyancing (unless there is clear evidence that person is an exempt person (see schedule 3, The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.Legal Services Act 2007).
  2. You report to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC (without submitting your transaction file) where a as set out at s.111 of 2007 Act, a person who is not: 1. an Authorised Person in relation to an activity that constitutes a reserved legal activity 2. a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) 3. a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the irective applies (other than the title of barrister or solicitor in England and Wales) 4. a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Person is carrying on under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities, including as defined at s.11(3) of the 1985 Act , includes the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land.conveyancing, which appears to be or to have been a breach of s.14-16 of the The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.Legal Services Act 2007.

Dealing with as set out at s.111 of 2007 Act, a person who is not: (1) an Authorised Person in relation to an activity that constitutes a reserved legal activity (2) a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) (3) a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales) (4) a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Persons

  1. You :-
    1. avoid extending your duty of care to persons who are not any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients by seeking to ensure that, to your knowledge, you do not provide legal advice (in the circumstances provided by Hedley Byrne v Heller [1964] AC 465) on which they may seek to rely;
    2. not accept any an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking which a non-Authorised Third Person may offer in the course of a transaction;
    3. incorporate special provisions into the draft contract to take account of the problems which arise because the other party has no a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
      a Licensed
      Conveyancer;
      a Solicitor;
      a Fellow of the Institute of Legal Executives.
      Authorised Person(s)/Parties
      acting (see below);
    4. ensure that any power of attorney is valid, properly granted and effective for all relevant purposes;
    5. advise the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client in writing that you are dealing with a as set out at s.111 of 2007 Act, a person who is not: 1. an Authorised Person in relation to an activity that constitutes a reserved legal activity 2. a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) 3. a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the irective applies (other than the title of barrister or solicitor in England and Wales) 4. a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Person Party and explain all the steps which are being taken to protect the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s position.

Acting for the Lender

  1. You do not give the unqualified agent additional assistance in a way which might establish a arrangers or sellers of insurance products regulated by the Financial Conduct Authority.Authorised Person/any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client relationship either with the as set out at s.111 of 2007 Act, a person who is not: 1. an Authorised Person in relation to an activity that constitutes a reserved legal activity 2. a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) 3. a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the irective applies (other than the title of barrister or solicitor in England and Wales) 4. a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Person or with the borrower, or leave you open to a negligence under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim either from your lender any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client or from the borrower.
  2. You comply with s. 69 Law of Property Act 1925, by allowing mortgage advances to be paid only to those properly entitled to receive them.
  3. You ensure that on completion, any payments are sent to a named an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank or building society account held by you, an a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    , licensed body or their any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients, and not to some intermediate party.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Dealing with as set out at s.111 of 2007 Act, a person who is not: (1) an Authorised Person in relation to an activity that constitutes a reserved legal activity (2) a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) (3) a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales) (4) a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Persons (third parties) many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.

Disclosure of Profits and Advantage Code

To view the printable PDF, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this Disclosure of Profits and Advantages Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC;. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. Your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients are aware of any referral methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements, and they are consistent with your responsibilities both to your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
  2. You do not allow your independence or professional judgement to be compromised in any way, including by ensuring that you are transparent with your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients about any fee methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and that they do not compromise your independence, or call into question your professional judgement.
  3. Where you enter into an arrangement, including any fee sharing agreement, with an introducer, the agreement is in writing.
  4. You periodically review referral methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements/fees to deliver the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct.
  5. You inform the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client in writing of the existence of the referral arrangement no later than when accepting instructions, or when introducing a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client to another person.
  6. You advise the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client that they have a choice of provider.
  7. You inform the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client of the nature of the arrangement (including any payment made), with whom it is made, and any impact (including any legal costs they are charged).

Equality Code

To view the printable PDF, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this Equality Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You comply with relevant the Equality Act 2010 and any other relevant legislation such as the Human Rights Act 1998.Equalities legislation.
  2. You make reasonable adjustments to prevent persons with disabilities from being placed at disadvantage.
  3. You provide equal opportunities for all partners, (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees or as determined by the particular context: 1. any person who intends to apply, or is currently applying, for registration as a CLC student or for a CLC Licence; 2. a body which intends to apply, or is currently applying, for registration as a CLC Recognised Body; a body which intends to apply, or is currently applying, for a Licensed Body (ABS) licence. Approved Person: under the Accounts Code this means: 3. an Authorised Person; or provided the CLC Body is in compliance with 9.1.4 of the Accounts Code, any other appropriately skilled, trained and competent person of integrity who has been authorised on Durable Medium by the CLC Body.applicants in employment and training.
  4. You do not take unfair advantage of anyone, including vulnerable people, regardless of whether they are a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client of the business.
  5. You make all reasonable efforts to ensure your service is accessible and responsive to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients, including those with vulnerabilities.
  6. Any allegation of (direct or indirect) discrimination, victimisation and harassment is investigated thoroughly, resulting, where appropriate in disciplinary action.

1 a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client may be vulnerable because of a range of characteristics, including (but not limited to): basic skills: literacy and numeracy; complexity and confusion; difficulty of accessing and understanding large amounts of information; disability or other impairment; mental health issues; distress or sudden change in circumstances e.g. bereavement, divorce, illness or loss of employment; low income; age; caring responsibilities; limited knowledge of, or limited skills in, use of English; balance of power; lack of competition and choice; or inexperience or lack of knowledge of a particular subject. Vulnerability can only be assessed on a case-by-case basis.

2 On the grounds of age, disability, gender reassignment, marital and civil partnership status, pregnancy and maternity, race, religion or faith, sex or sexual orientation.

Should you require information on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Equality many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.

Estimates and a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this Estimates and a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You are required to provide timely Estimates and a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement which are easy to understand and ensure that:

  1. any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients understand and agree to all potential fees and generally any payments made, or for which a liability to pay has been incurred, by a CLC regulated individual or body to a third party on behalf of a Client. disbursements are deemed to include: stamp duty land tax; Land Registry fees; Local Authority and any other applicable search fees.disbursements
  2. You within 2 working days.promptly inform the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client in writing of the existence and amount of any sum payable (whether directly or indirectly) as a result of receipt of that any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s instructions
  3. You within 2 working days.promptly advise any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients of any significant changes to projected costs, timelines and strategies.
  4. You advise any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients of the name and status of the person dealing with their matter and the name of the person responsible for overall supervision.
  5. Where the entity represents parties with different interests in any transaction each party is at all times represented by different a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    conducting themselves in the matter as though they were members of different entities.

You must also comply with the following a strict direction for conduct that must be complied with.specific requirements:

Estimates 

  1.  Any estimate of costs is stored on a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium and states:-
    6.1     the name of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client, and the nature of the transaction;
    6.2     the basis on which fees for abortive work will be payable;
    6.3     the proposed fees and other expenses (such as an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank transfer fees) payable to you (such fees and other expenses are deemed to be inclusive of VAT unless VAT is separately itemised);
    6.4     a description of, and cost of, any generally any payments made, or for which a liability to pay has been incurred, by a CLC regulated individual or body to a third party on behalf of a Client. disbursements are deemed to include: stamp duty land tax; Land Registry fees; Local Authority and any other applicable search fees.disbursement likely be incurred on the basis of the instructions received (such generally any payments made, or for which a liability to pay has been incurred, by a CLC regulated individual or body to a third party on behalf of a Client. disbursements are deemed to include: stamp duty land tax; Land Registry fees; Local Authority and any other applicable search fees.disbursements are deemed to be inclusive of VAT unless VAT is separately itemised). Where applicable, Land Tax should be separately itemised;
    6.5     where the total sum payable as estimated under paragraph 6.3 is likely to be exceeded that the Body will advise the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client of that fact and provide an explanation and a revised estimate;
    6.6     in respect of paragraphs 6.3 and 6.4:
       6.6.1     unless otherwise stated fees will be deemed to be inclusive of the costs of post, telephone calls, facsimile unless otherwise specified, communications sent by, or on behalf of a CLC regulated individual or body by post, a telecommunication system, or by other means, whilst in an electronic form.communications and email;
       6.6.2     unless separately specified, the estimate of proposed fees payable to the body will be deemed to include fees for:-

    •     representation of the lender;
    •     service of notices on a landlord or management has the meaning given by s. 1(1) of the Companies Act 2006.company.
        6.6.3     the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client is advised where it is not possible to provide an estimate of fees and generally any payments made, or for which a liability to pay has been incurred, by a CLC regulated individual or body to a third party on behalf of a Client. disbursements are deemed to include: stamp duty land tax; Land Registry fees; Local Authority and any other applicable search fees.disbursements because the relevant information is not available.
  2. If it becomes apparent that the total sum payable as estimated under paragraph 6 is likely to be exceeded or that the relevant information has become available, as soon as practicable you:-
    7.1     advise the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client; and
    7.2     provide the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client with a written explanation on a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium.
  3. Any fees, expenses, generally any payments made, or for which a liability to pay has been incurred, by a CLC regulated individual or body to a third party on behalf of a Client. disbursements are deemed to include: stamp duty land tax; Land Registry fees; Local Authority and any other applicable search fees.disbursements and VAT to be charged in respect of an abortive transaction are notified to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client on a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium as soon as those matters can reasonably be calculated whether or not an invoice is delivered at this time.

a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement

  1. You provide any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients with written a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement with a request that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client confirms their agreement to the terms.
  2. The a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement summarise the nature of instructions and with sufficient clarity so as to be readily understandable to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  3. The a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement include:-
    11.1     your name, address, telephone and other contact details;
    11.2     if not included in paragraph 11.1, the name of one of your means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers;
    11.3     the name, experience and, if applicable, qualifications of the individual having day-to-day conduct of the matter and where applicable the name of the individual responsible for its overall supervision;
    11.4     if the matter is to be conducted by a team, the identity of that team and the name of its leader(s);
    11.5     a clear description of the services included int he cost, including:
    1. the key stages of the transactions
    2. indicative timescales for the transaction
    3. a summary of services included in the cost, and
    4. a summary of services which are not included in the cost.
    11.6 the name of the individual to whom any an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint should be made;
    11.7     an explanation of the procedure to be adopted where the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client is dissatisfied with the services or conduct of any of your means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees.  This information must also include the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s right to complain to the the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman at the conclusion of the an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint process, the time limits for doing so and full details about how to contact the the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman (see an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Complaints Code).
    11.8     the following wording:-
    "If you make a valid under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim against us for a loss arising out of work for which we are legally responsible, and we are unable to meet our liability in full, you may be entitled to under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim from the as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund administered by the Council for Licensed Conveyancer: a person who holds a Licence issued by the CLC to provide Conveyancing and other legal services regulated by the CLC.Licensed Conveyancers (from whom details can be obtained").
    11.9     Information about the staff mix, their experience and qualifications and the information contained in paragraphs 11.5-11.8 must also be made available in a prominent place on your website and by other reasonable 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    on request.
    11.10 You keep a copy of, and any evidence that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has agreed, the estimate and a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement on a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Estimate and a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

Management and Supervision Arrangements Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several topic specific Codes addressing important areas of practice, including this Management and Supervision Arrangements Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that you have aAppropriate management and supervision methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements in place and that:

  1. You ensure all individuals within the entity are competent to do their work.
  2. You supervise and regularly check the quality of work in any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client matters.
  3. You arrangements are in place to ensure processes are carried out in an orderly fashion.systematically identify and mitigate risks to the business and to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients.
  4. You promote ethical practice and compliance with regulatory requirements.
  5. You enable staff to raise concerns which are acted on appropriately.
  6. You maintain proper governance, management, supervision, financial and risk management methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and control and maintain proper records to evidence how they are applieds.
  7. A means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager who is an a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    is responsible for ensuring that all of the entity’s (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees are properly supervised.
  8. You make provision for alternative supervision methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements in case of illness, accident or other unforeseen event.
  9. You arrangements are in place to ensure processes are carried out in an orderly fashion.systematically identify, monitor and manage risks to the delivery of the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes.
  10. You under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.carry on Reserved Legal Activity only through a person entitled to carry on that activity.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Management and Supervision Arrangements many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.

Notification Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this Notification Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice

You must ensure that::

  1. You notify the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC of any material breach of this Code thethe parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct or any other Code made by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC, whether by you, the entity or any other person.
  2. You notify the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC of any change in your or your practice’s circumstances as set out in this Code.
  3. You within 2 working days.promptly notify the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC in writing of any facts or matters which may give rise to a under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim under its as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund.
  4. You have systems and strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls to enable you to identify any notifiable changes.

These responsibilities require you to notify us of any of the following changes:

  1. To the extent it is reasonable to do so, you notify us no less than 14 days before a proposed change of business or registered office address, but in any event within 14 days of any change occurring.
  2. You notify us within 14 days of any change in means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager and/or management  methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements .
  3. You notify us within 14 days of a change in structural methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements.
  4. In respect of the body you notify us within 7 days if:
    • a winding-up order or administration order is passed
    • a resolution for voluntary winding-up is passed, or
    • an administration receiver is appointed.

a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer

  1.  You notify us within 2 working days.promptly if you:-
    • have been a director of a has the meaning given by s. 1(1) of the Companies Act 2006.company which has gone into liquidation on the grounds of insolvency in your own right or as a director of a has the meaning given by s. 1(1) of the Companies Act 2006.company have had an administrator or receiver appointed
    • have been a a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer in, or  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager of, an entity which has had its specify the reserved legal activities which a body is authorised by the CLC to provide.authorisation refused, revoked or made subject to conditions
    • have been charged, cautioned or convicted of a criminal offence, or if there is a case pending
    • have been the subject of any disciplinary proceedings by a professional or regulatory body
    • have been the subject of an adverse order or finding of a civil court or employment tribunal
    • have been disqualified as a director
    • have been declared bankrupt or have entered an Individual Voluntary Arrangement
    • have been disqualified from acting in any capacity for a legal services, financial or other provider
    • are aware of any other information which could reasonably be expected to have a bearing on whether you are the CLC requires that all:
      applicants
      authorised persons
      owners or managers of an Alternative Business Structure
      are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
      fit and proper
      .

a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Bodies

  1. You notify us within 2 working days.promptly after you have received information where any of the provisions identified in requirement 9 apply to a  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager of the body.
  2. You notify us within 2 working days.promptly of a change in ownership[1] of the body.
  3. You notify us within 2 working days.promptly after you have received information that a person employed or paid by the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body to provided under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities:
    • has been charged, cautioned or convicted of a criminal offence, or if there is a case pending
    • has been the subject of any disciplinary proceedings by a professional or regulatory body
    • has been the subject of an adverse order or finding of a civil court or employment tribunal
    • has been disqualified as a director
    • has been declared bankrupt or has entered an Individual Voluntary  arrangement
    • has been disqualified from acting in any capacity for a legal services, financial or other provider
    • is the subject of any other information which could reasonably be expected to have a bearing on whether that person is the CLC requires that all:
      applicants
      authorised persons
      owners or managers of an Alternative Business Structure
      are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
      fit and proper
      .

1. As per item 34 of the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body Recognition Framework

Licensed Bodies (ABS)

  1. To the extent it is reasonable to do so, you notify us no less than 14 days before a proposed change in the person occupying the role of the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP or the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA, but in any event within 7 days of any change occurring.
  2. You notify us within 2 working days.promptly after you have received information about any ‘the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ issue concerning the please see Material Interest and Beneficial Owner definitions.owner(s), the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLPthe officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA, other means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers or a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    :
    • has been a director of a has the meaning given by s. 1(1) of the Companies Act 2006.company which has gone into liquidation on the grounds of insolvency
    • in their own right or as a director of a has the meaning given by s. 1(1) of the Companies Act 2006.company has had an administrator or receiver appointed
    • has been an a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
      a Licensed
      Conveyancer;
      a Solicitor;
      a Fellow of the Institute of Legal Executives.
      Authorised Person(s)/Parties
      in, or y means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager of, an entity which has had its specify the reserved legal activities which a body is authorised by the CLC to provide.authorisation refused, revoked or made subject to conditions
    • has been charged, cautioned or convicted of a criminal offence, or if there is a case pending
    • has been the subject of any disciplinary proceedings by a professional or regulatory body
    • has been the subject of an adverse order or finding of a civil court or employment tribunal
    • has been disqualified as a director
    • has been declared bankrupt or has entered an Individual Voluntary Arrangement
    • has been disqualified from acting in any capacity for a legal services, financial or other provider
    • is the subject of any other information which could reasonably be expected to have a bearing on whether that person is the CLC requires that all:
      applicants
      authorised persons
      owners or managers of an Alternative Business Structure
      are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
      fit and proper
      .
  3. You notify us within 2 working days.promptly if you employ a person disqualified by a as defined at s.73 of the 2007 Act, an approved regulator which is designated as a licensing authority under Part 1 of Schedule 10 and whose licensing rules are approved to license and regulate Alternative Business StructuresLicensing Authority.
  4. You notify us within 2 working days.promptly if a as set out at s.111 of 2007 Act, a person who is not: 1. an Authorised Person in relation to an activity that constitutes a reserved legal activity 2. a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) 3. a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the irective applies (other than the title of barrister or solicitor in England and Wales) 4. a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Person proposing to hold a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest of 10% or more, or the holder of a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest proposing to acquire an additional kind of interest, fails to give notification of such intended change after having been made aware of their duty to notify.

Notification many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

  1. Provision of adverse information under this Code does not necessarily 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    mean
    we will withdraw our approval of the relevant individual. Where adverse information is provided it will be discussed with the body to determine the risk posed to the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct’s delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes; resource implications for the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC; and the individual/body’s willingness or capacity to address the issue.
  2. Examples of what is meant by ‘any other information that could reasonably be expected to have a bearing on their being the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ under requirement 14 include:
    • by a reason of character, conduct or association and in particular has been in breach of statutory requirements regarding payment of tax or for a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence
    • lacks capacity within the meaning of the Mental Capacity Act 2005 and powers under sections 15 to 20 or section 48 have been exercised.
  3. An example of what is meant by ‘structural methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements’ under requirement 7 is a body no longer registered as a a body corporate, formed by being incorporated under the Limited Liability Partnerships Act 2000, recognised by the CLC under s.32 of the 1985 Act to provide Reserved Legal Activities.Limited Liability Partnership or a has the meaning given by s. 1(1) of the Companies Act 2006.Company under the relevant Acts.
  4. Persons disqualified by Licensing Authorities are identified on the Legal Services Board website.

the insurance that lawyers have to hold to protect Clients against any malpracticeProfessional Indemnity Insurance Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this the insurance that lawyers have to hold to protect Clients against any malpracticeProfessional Indemnity Insurance Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You only provide all of the legal activities – both reserved legal activities and non-reserved – which the CLC authorises/permits the Licensed Conveyancer, or Body, within the terms of the licence to provide, and which are therefore regulated by the CLC.Regulated Services whilst you have the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance in force.
  2. You ensure there are adequate indemnity methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements in respect of under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claims made against you for work carried out by you before you ceased to practice by taking out the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance for a minimum period of 6 years from the expiry of the period of the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance stated in your evidence of insurance or policy document.
  3. If you seek to exclude or limit liability, you do so only to the extent that such exclusion or limitation is above the minimum level of cover afforded by the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance; you must obtain the written informed consent of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client for such exclusion or limitation to be effective.
  4. When offering and providing services which are not regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC, you advise your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client of this and inform them in writing that the activity is not covered by the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance or the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC-administered as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund.
  5. You within 2 working days.promptly notify insurers in writing of any facts or matters which may give rise to a under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim under the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance.

the insurance that lawyers have to hold to protect Clients against any malpracticeProfessional Indemnity Insurance

  1. When providing the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLCall of the legal activities – both reserved legal activities and non-reserved – which the CLC authorises/permits the Licensed Conveyancer, or Body, within the terms of the licence to provide, and which are therefore regulated by the CLC.regulated services you must have the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance in place at all times, which complies with the minimum requirements of Article 10(4) IDD and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s PII guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy Wording.
  2. You must:
    7.1 Pay the applicable annual premium for the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance;
    7.2 Comply with the the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance terms as apply to you;
    7.3 Comply with the Self Insured Excess policy (set out at 13) and such other policies as the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may issue;
    7.4 Produce a current evidence that the insured individual, or body, has appropriate PII cover.Evidence of Insurance when requested by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC;
    7.5 Permit the Participating Insurers or the under the Professional Indemnity Insurance Code and Operating Framework this refers to the agent who sources the contract of insurance for the CLC’s Master Policy.Brokers to notify the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC should any circumstances arise whereby the Participating Insurers or the under the Professional Indemnity Insurance Code and Operating Framework this refers to the agent who sources the contract of insurance for the CLC’s Master Policy.Brokers consider that the body has failed to comply with their responsibilities as a the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC body or when any evidence that the insured individual, or body, has appropriate PII cover.Evidence of Insurance is avoided.

European Union (EU) Bodies – if you are a a European Lawyer as defined in the European Communities (Lawyer’s Practice) Regulations 2000 (SI 2000 No 1119) who is not an Authorised Person.European Lawyer

  1. If on application:
    8.1 you satisfy the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC that the an entity providing reserved legal activities in respect of which Control is maintained from a permanent fixed address within the European Union (but outside England and Wales).EU body (of which you are a  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager) has professional indemnity insurance cover provided to the EU Body in accordance with its EU Home Professional Rules which the CLC is satisfied is in all respects equivalent in its conditions and extent to that which would be provided under the CLC Master PolicyEU Professional Cover which complies with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s PII guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy Wording in all its conditions and cover then the an entity providing reserved legal activities in respect of which Control is maintained from a permanent fixed address within the European Union (but outside England and Wales).EU body will be exempted from obligation to comply with requirement 10.1 whilst the professional indemnity insurance cover provided to the EU Body in accordance with its EU Home Professional Rules which the CLC is satisfied is in all respects equivalent in its conditions and extent to that which would be provided under the CLC Master PolicyEU Professional Cover (and any agreement with the cover provider) remains in force and is complied with;
    8.2 you satisfy the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC that the an entity providing reserved legal activities in respect of which Control is maintained from a permanent fixed address within the European Union (but outside England and Wales).EU body (of which you are a  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager) has Partial professional indemnity insurance cover provided to the EU Body in accordance with its EU Home Professional Rules which the CLC is satisfied is in all respects equivalent in its conditions and extent to that which would be provided under the CLC Master PolicyEU Professional Cover then the an entity providing reserved legal activities in respect of which Control is maintained from a permanent fixed address within the European Union (but outside England and Wales).EU body and its means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers shall be exempted from the obligation to comply with regulation 10.1 whilst the Partial professional indemnity insurance cover provided to the EU Body in accordance with its EU Home Professional Rules which the CLC is satisfied is in all respects equivalent in its conditions and extent to that which would be provided under the CLC Master PolicyEU Professional Cover (and any agreement with the cover provider) and a a contract of Professional Indemnity Insurance, made between the Authorised Insurers and a Body or an EU Body, which provides cover as modified in accordance with the Professional Indemnity Insurance Code and Operating Framework, or as otherwise determined by the CLC.Supplemental Policy remain in force and is complied with.

under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.Claims

  1. In the event of a the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim you produce any information the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC deems appropriate within five working days of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s information request.

Self Insured Excess

13.

  1. 1     Should your self-insured Excess exceed:
    1. £3,500 or
    2. the sum of the following:
      1. 5% Fees (as defined in the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s PII guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy Wording) where the Fees are no more than £200,000; plus
      2. 3% Fees on Fees between £200,001 and £500,000; plus
      3. 2% Fees on Fees between £500,001 and £1,000,000;

    you report this to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will need to be satisfied that the body will avoid additional exposure of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund to unpaid excesses.

  2. 2 If you are satisfied that the body you manage has the ability to meet additional liability over and above this you may make a specific application to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to increase the self-insured Excess where Fees are greater than £1,000,000.
  3. 3 Your application outlines how the body intends to meet the obligation to avoid additional exposure of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund to unpaid excesses.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance information on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s the insurance that lawyers have to hold to protect Clients against any malpracticeProfessional Indemnity Insurance many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

an exchange of monies.Transaction Files Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this an exchange of monies.Transaction Files Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You disclose any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client information only as the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has instructed (or as required by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements or by law), keeping effective records of any disclosure you make.

You must also comply with the following a strict direction for conduct that must be complied with.specific requirements:

File

  1. When a request for a transaction file, or part of it, is made on behalf of a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client, lender or third party you must determine the ownership of the various papers in the file and provide the person making the request only with the documents they own or are entitled to, or entitled to only with the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s permission.
  2. Where the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s permission is required, you must not provide the papers to the person making the request until you have obtained the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s consent or been served with a court order in appropriate terms.

Joint retainers – joint any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients

  1. Originals are handed to one any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client only with the consent of the other any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  2. You provide each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client with a copy without charge.
  3. You release copies to third parties only with the consent of all any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients.

Joint retainers –any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client and lender

  1. You may charge a lender for a copy of a document if you require the borrower any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s consent to provide the lender with a copy.

Retention of file contents

  1. You retain the contents of files relating to all matters for a minimum of six years, except those relating to:
    • other as defined at s.11(3) of the 1985 Act , includes the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land.conveyancing matters (other than the sale of property) for a minimum of fifteen years
    • wills for a minimum of six years after the testator has died, and
    • the legal process where the estate of a person is administered on their death.probate matters for a minimum of six years from the end of the executor’s year.
  2. Consideration should be given on a case by case basis as to the appropriate date of destructions for the contents of files relating to:
    • deeds of gift
    • gifts of land
    • transfers at an undervalue
    • right to buy where funds came from someone other than the purchasing tenant(s)
    • lifetime gifts.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s an exchange of monies.Transaction File many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.

an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.Undertakings Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.Undertakings Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must ensure that:

  1. You comply fully with any an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking given by you.
  2. All means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers are equally responsible for the performance of an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertakings given in a body’s name and remain responsible for their performance even after they have left the body or it has been dissolved.
  3. You do not breach an an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking. Only the person entitled to the benefit of the an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking or the Court may release you/the body from an an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking.
  4. You do not avoid liability on an an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking by asserting that to comply with it would be a breach of duty owed to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  5. Where you have given an an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking to redeem a mortgage or charge you redeem it immediately following completion of the transaction occasioning the redemption.
  6. In an an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking to pay money out of the proceeds of sale of a property it is not implied that the an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking is intended to take effect only if you receive the proceeds of sale.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on how to meet your responsibilities under this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.Undertakings many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.

Handbook – the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.Regulatory Arrangements Specific

Overview

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s regulatory regime is underpinned by the Handbook which sets out the regulatory responsibilities of all individuals and firms regulated by us.

Acting as Ancillary the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this Acting as Ancillary the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is a Designated Professional Body under Part XX of the Financial Services and Markets Act 2000 (arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA), and as such it must make methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements to regulate the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Bodies in the provision of under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities in relation to which the the prohibition imposed by s.19 of the FSMA which states that no person may carry on a Regulated Activity in the United Kingdom, or purport to do so, unless he is (a) an Authorised Person; or (b) an Exempt Person.General Prohibition does not apply as a result of section 327 arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA.

In this Code ‘you’ refers to bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. All bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC which act as insurance intermediaries must comply with this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and other topic specific Codes, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code. These requirements do not apply to a person authorised by the Financial Conduct Authority in accordance with s.31 arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must comply with the following a strict direction for conduct that must be complied with.specific requirements:

  1. The following activities shall not be considered to constitute insurance distribution or reinsurance distribution:

    1.1 the provision of information on an incidental basis in the context of another professional activity where:

    1.1.1 the provider does not take any additional steps to assist in concluding or performing an insurance contract;
    1.1.2 the purpose of that activity is not to assist the customer in concluding or performing a reinsurance contract;

    1.2 the management of under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claims of an insurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking or of a reinsurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking on a professional basis, and loss adjusting and expert appraisal of under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claims;
    1.3 the mere provision of data and information on potential policyholders to insurance intermediaries, reinsurance intermediaries, insurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertakings or reinsurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertakings where the provider does not take any additional steps to assist in the conclusion of an insurance or reinsurance contract;
    1.4 the mere provision of information about insurance or reinsurance products, an insurance intermediary, a reinsurance intermediary, an insurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking or a reinsurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking to potential policyholders where the provider does not take any additional steps to assist in the conclusion of an insurance or reinsurance contract.

  2. Subject to Requirement 6 and provided it complies with this Code you are only permitted to act as an Ancillary the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMAInsurance Intermediary providing under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities as specified by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC by resolution and which are complementary to all of the legal activities – both reserved legal activities and non-reserved – which the CLC authorises/permits the Licensed Conveyancer, or Body, within the terms of the licence to provide, and which are therefore regulated by the CLC.Regulated Services provided to a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  3. You are not permitted:
    3.1 to manufacture contracts of insurance,
    3.2 to take up or pursue the activity of Reinsurance Distribution,
    3.3 to distribute Insurance-based Investment Products,
    3.4 to carry out distribution activities in relation to Large Risks Insurance,
    3.5 to offer an ancillary product or service which is not insurance (with the exception of the substantive all of the legal activities – both reserved legal activities and non-reserved – which the CLC authorises/permits the Licensed Conveyancer, or Body, within the terms of the licence to provide, and which are therefore regulated by the CLC.Regulated Services), as part of a package or the same agreement, when you offer an insurance product.
  4. To effectively oversee under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities you appoint a means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager as the person who:-
    4.1 is responsible for ensuring the body has procedures and practices to enable it to comply with this Code;
    4.2 will supply to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC or its agents information as required by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC; and
    4.3 will notify the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC immediately and in any event no later than seven days after each such appointment is made.
  5. Any means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee providing under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities must be of good repute, and
    5.1 must as a minimum have a clean criminal record (see further article 10(3) IDD), and
    5.2 must not have previously been declared bankrupt, unless they have been rehabilitated in accordance with national law.
  6. You advise the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC if there is an order or direction of the Financial Conduct Authority under sections 328 or 329 arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA in force in respect of the body. Where such order is in force the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may withdraw permission without notice.
  7. The manner of the provision of any service in the course of under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.Carrying on a under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activity is incidental to the provision by you of Professional Services.
  8. The under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities you carry on are not of a description, or relate to an investment of a description, specified in an order made by HM Treasury under section 327(6) arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA.
  9. The under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities are the only under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities carried on by the body (other than under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities in relation to which it is an as defined in s.417(1) FSMA, in relation to a Regulated Activity, a person who is exempt from the General Prohibition in respect of that activity.FSMA Exempt Person).
  10. You do not carry on, nor hold the body out as under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.Carrying on, a all of the legal activities – both reserved legal activities and non-reserved – which the CLC authorises/permits the Licensed Conveyancer, or Body, within the terms of the licence to provide, and which are therefore regulated by the CLC.Regulated Service other than one which is permitted by this Code or one in relation to which it is a as defined in s.417(1) FSMA, in relation to a Regulated Activity, a person who is exempt from the General Prohibition in respect of that activity.FSMA Exempt Person.
  11. You do not carry on any Insurance Distribution Activity unless the body is included in the the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries Register.
  12. The body and all of its means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers at all times comply with arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA, secondary legislation made under arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA and the Directive No 2002/92/EU.IMD, so far as they apply to them.
  13. The body and all of its means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers comply with the terms and provisions of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Acting as an the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMAInsurance Intermediary Code.

Acting as Ancillary the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries
the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries Register

  1. You only act as an ancillary insurance intermediary if you are registered on the Financial Conduct Authority’s (FCA) the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries Register. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is responsible for supplying details of bodies to the FCA.
  2. Unless trading as a Sole Practitioner, you nominate one of your means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers to be listed on the Register as the main contact, with all correspondence relating to the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts of insurance, of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim, including the provision of information concerning one or more insurance contracts in accordance with criteria selected by Clients through a website or other media and the compilation of an insurance product ranking list, including price and product comparison, or a discount on the price of an insurance contract, when the Client is able to directly or indirectly conclude an insurance contract using a website or other media.Insurance Distribution Activities is addressed to that individual.
  3. You check that the body is listed on the the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries Register before conducting any activity covered by paragraph 4 of the many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.
  4. You inform us within 5 working days of any changes being made to your entry in the FCA’s register.

Notifications provided to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients

  1. You provide two types of notification as permitted at Requirements 22, 23, 34 and 25:
    1. at the outset of instructions (and in any event before the contract of insurance is concluded);
    2. before a contract of insurance is concluded
      Notes:
      1.  Some of the provisions are unlikely to vary from one matter to another and can be provided in standard terms.
      2.  A clear statement of the basis on which a particular product has been chosen must be made.
      3.  The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC understands there are relatively few providers of Title Indemnity Policies. It is unlikely therefore that any advice on products can be given on the basis of a fair analysis. It is much more likely they will be made from a limited number of insurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertakings or a single insurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking.
    3. In the case of telephone selling, the information you give to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client prior to the conclusion of the contract, including the insurance product information document (see Requirement 27.6.1), shall be provided in accordance with the Distance Marketing Regulations. Even if the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has chosen to obtain prior information on a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium other than paper in accordance with Requirement 23, you provide information to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client in accordance with Requirement 21, 22 or 23 immediately after the conclusion of the insurance contract.

Passporting

  1. If you wish to establish an an agency or a branch of an Ancillary Insurance Intermediary which is located in the territory of a Member State other than the home Member State.IDD Branch or provide the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts of insurance, of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim, including the provision of information concerning one or more insurance contracts in accordance with criteria selected by Clients through a website or other media and the compilation of an insurance product ranking list, including price and product comparison, or a discount on the price of an insurance contract, when the Client is able to directly or indirectly conclude an insurance contract using a website or other media.Insurance Distribution Activities in another EEA State you complete the arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA passporting process (arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA, paragraph 21, part III, schedule 3).
  2. You do not provide the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts of insurance, of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim, including the provision of information concerning one or more insurance contracts in accordance with criteria selected by Clients through a website or other media and the compilation of an insurance product ranking list, including price and product comparison, or a discount on the price of an insurance contract, when the Client is able to directly or indirectly conclude an insurance contract using a website or other media.Insurance Distribution Activities in another EEA state unless you have given the FCA the necessary notice of the body’s intention to do so.

specifies by way of endorsements, the Authorisations, Permissions and Conditions of a CLC Licence.Terms & Information Provision
Providing under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities (including acting as an the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMAInsurance Intermediary)

  1. All information under Requirements 26 and 27:
    21.1 must be clear and accessible, on paper and provided free of charge
    21.2 must be provided in a way which is fair, clear and not misleading, no less prominent than any other information provided to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client at the same time and in English or in any other language agreed by the you and the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client
    21.3 insurance distribution marketing unless otherwise specified, communications sent by, or on behalf of a CLC regulated individual or body by post, a telecommunication system, or by other means, whilst in an electronic form.communications must be clearly identifiable as such.
  2. Information may be provided by the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium other than paper (such as by email):
    22.1 where it is appropriate in the context of the business conducted between you and the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client, and
    22.2 the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has been given the choice between information on paper and on a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium, and has chosen information on a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium.
  3. Information may be provided by 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    of a website if it is addressed personally to the customer or if the following conditions are met:
    23.1 the provision of that information by 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    of a website is appropriate in the context of the business conducted between the insurance distributor and the customer;
    23.2 the customer has consented to the provision of that information by 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    of a website;
    23.3 the customer has been notified electronically of the address of the website, and the place on the website where that information can be accessed;
    23.4 it is ensured that that information remains accessible on the website for such period of time as the customer may reasonably need to consult it.
  4. For the purposes of Requirements 23 and 24, the provision of information using a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium other than paper or by 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    of a website shall be regarded as appropriate in the context of the business conducted between you and the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client if there is evidence that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has regular access to the internet. The provision by the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client of an e-mail address for the purposes of that business shall be regarded as such evidence.
  5. In good time before providing under the Acting as Insurance Intermediaries Code, any of the activities specified under Part II (Specified Activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) as amended which is carried on by way of business in relation to an investment of a kind specified in Part III (Specified Investments) of the same Order.Regulated Activities, you provide the following information as permitted at Requirements 22, 23, 24 and 25 to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client:-
    25.1 your name, address, telephone, other contact details and that you are an ancillary insurance intermediary;
    25.2  if not included in Requirement 26.1, the names of the means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers;
    25.3   the name of the individual having day-to-day conduct of the matter and where applicable the name of the individual responsible for its overall supervision;
    25.4  if the matter is to be conducted by a team, the identity of that team and the name of its leader(s);
    25.5 the name of the individual to whom any an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint should be made;
    25.6   an explanation of the procedure to be adopted where the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client is dissatisfied with the services received or conduct delivered; this must include the name and address of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC and the the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman (see further information provided in the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints Code and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance).
    25.7  the following wording:-
    ‘’If you make a valid under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim against us for a loss arising out of work for which we are legally responsible, and we are unable to meet our liability in full, you may be entitled to under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim from the as set out at s.21(2) of the 1985 Act, the Fund out of which grants and other payments are made by the CLC for the purposes of relieving, or mitigating losses, incurred by persons in consequence of the negligence, fraud or other dishonesty, or failure to account, on the part of a CLC Body.Compensation Fund administered by the Council for Licensed Conveyancer: a person who holds a Licence issued by the CLC to provide Conveyancing and other legal services regulated by the CLC.Licensed Conveyancers (from whom details can be obtained”).
    25.8 the following wording:-
    “[this firm is/we are] not authorised by the Financial Conduct Authority.
    However, we are included in the register maintained by the Financial Conduct
    Authority so that we can carry on the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts of insurance, of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim, including the provision of information concerning one or more insurance contracts in accordance with criteria selected by Clients through a website or other media and the compilation of an insurance product ranking list, including price and product comparison, or a discount on the price of an insurance contract, when the Client is able to directly or indirectly conclude an insurance contract using a website or other media.Insurance Distribution Activities, which is broadly advising on, selling and administration of insurance contracts. This part of our business is regulated by the Council for Licensed Conveyancer: a person who holds a Licence issued by the CLC to provide Conveyancing and other legal services regulated by the CLC.Licensed Conveyancers, and methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements for an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint or redress if something goes wrong are subject to the jurisdiction of the the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman (www.legalombudsman.org.uk). The register can be accessed via the Financial Conduct Authority website at https://register.fca.org.uk”.
  6. Where you are proposing or advising on a contract of insurance then in good time before concluding any contract of insurance, or the renewal or the amendment of a contract of insurance, you must be satisfied that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client has been provided with at least the following information, if such information has not already been provided, as permitted at Requirements 22, 23, 24 and 25:
    26.1 whether the Body is an ancillary insurance intermediary, an insurance intermediary or an insurance an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking
    26.2 whether the Body is representing the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client or is acting for and on behalf of the insurer
    26.3whether you are providing a personal recommendation about the insurance products offered
    26.4 that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client may buy the contract of insurance separately
    26.5 where an insurance product is ancillary to a good or a service which is not insurance, as part of a package or the same agreement, you will offer the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client the possibility of buying the good or service separately
    26.6 based on the information obtained from the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client,

    26.6.1 the demands and needs of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client in relation to the insurance products that form part of the overall package or the same agreement
    26.6.2 objective information about the insurance product, and
    26.6.3 a personalised recommendation explaining why a particular product would best meet the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s demands and needs, in each case modulated according to the complexity of the contract of insurance proposed and the type of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client and be in a comprehensible form to allow the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client to make an informed decision;
    26.6.4 the reasons for giving Advice on the contract where such Advice is given to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client;
    26.6.5 the insurance product information document meeting the requirements of Article 20(5) to Article 20(8) of the IDD and Commission Implementing Regulation (EU) 2017/1469.
  7. Where information referred to in Requirements 26 and/or 27 is provided using a the method by which information is stored in a way accessible for future reference (for no less than the period prescribed by the CLC) and which allows the unchanged reproduction of the information stored.Durable Medium other than paper or by 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    off a website, a paper copy shall be provided to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client upon request and free of charge.
  8. Any contract proposed must be consistent with the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s demands and needs.

Accounting to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client

  1. In good time before the conclusion of the initial contract of insurance and if necessary on its amendment or renewal you must notify the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client as permitted at Requirement 22 of any any commission, fee, charge or other payment, including an economic benefit of any kind or any other financial or non-financial advantage or incentive offered or given in respect of Insurance Distribution Activities.Remuneration you anticipate arising out of providing the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts of insurance, of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim, including the provision of information concerning one or more insurance contracts in accordance with criteria selected by Clients through a website or other media and the compilation of an insurance product ranking list, including price and product comparison, or a discount on the price of an insurance contract, when the Client is able to directly or indirectly conclude an insurance contract using a website or other media.Insurance Distribution Activities for that any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  2. You account to the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client for any any commission, fee, charge or other payment, including an economic benefit of any kind or any other financial or non-financial advantage or incentive offered or given in respect of Insurance Distribution Activities.Remuneration received by you from a person other than your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client arising out of you providing the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts of insurance, of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim, including the provision of information concerning one or more insurance contracts in accordance with criteria selected by Clients through a website or other media and the compilation of an insurance product ranking list, including price and product comparison, or a discount on the price of an insurance contract, when the Client is able to directly or indirectly conclude an insurance contract using a website or other media.Insurance Distribution Activities (s.327(3) arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA).
  3. You must not be remunerated, and you must not remunerate or assess the performance of your (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees, in a way that conflicts with their duty to act in accordance with the best interests of your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client. In particular, you shall not make any arrangement by way of remuneration, sales targets or otherwise that could provide an incentive to you or to your (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees to recommend a particular insurance product to your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client when you could offer a different insurance product which would better meet the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s needs.

Specific Knowledge Requirements

  1. All staff providing the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts of insurance, of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim, including the provision of information concerning one or more insurance contracts in accordance with criteria selected by Clients through a website or other media and the compilation of an insurance product ranking list, including price and product comparison, or a discount on the price of an insurance contract, when the Client is able to directly or indirectly conclude an insurance contract using a website or other media.Insurance Distribution Activities must possess appropriate knowledge and ability to perform their duties.

Other

  1.  Where appropriate you refer and, if appropriate, take legal advice on the effect of IDD, arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority).FSMA, secondary legislation, and the many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance.
  2. This Code does not prevent the distribution of insurance products which provide coverage for various types of risks (multi-risk insurance policies).
  3. Where you advise on, or propose, insurance products which you do not manufacture, you shall have in place adequate methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements:
    35.1 to obtain all appropriate information on the insurance product and the product approval process, including the identified target market of the insurance product, and
    35.2 to understand the characteristics and identified target market of each insurance product.

Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance in meeting the requirements of this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Acting as Ancillary the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

Acting for Lenders and Prevention and Detection of a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud Code & many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this Acting for Lenders and Prevention and Detection of a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

You must comply with the following a strict direction for conduct that must be complied with.specific requirements:

Part A – Acting for Lenders

  1. When acting for a Lender, you take all necessary steps to ensure that the The process of buying or selling land or property.conveyancing services provided by it do not fall below the reasonably competent standard which should be expected.
  2. You take all relevant steps to comply with the general and particular mortgage instructions contained in the current edition of Parts 1 & 2 of the Lenders’ Handbook for England & Wales issued by the Council of a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Lenders (“the CML Handbook”).
  3. If you suspect a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client of not being completely honest or transparent about any element of a proposed mortgage transaction, you must consider whether you should continue to act for the Lender and/or the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  4. You do not disclose confidential information to the Lender after you have ceased to act for a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.

Identity of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client

  1. You establish and obtain proof of the identity of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients in line with the requirements of the CML Handbook and the legislation directed to the prevention of Money Laundering and Combating the Financing of Terrorism, and in particular, the: (a) Proceeds of Crime Act 2002 (as amended); (b) Terrorism Act 2000 (as amended); and Money Laundering Regulations 2007 – SI 2007/2157 (the ML Regulations).Anti-Money Laundering Legislation and Combating the Financing of Terrorism Legislation. You must advise the Lender if a Borrower any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client is unable, reluctant or unwilling to provide this verification.
  2. Any system or product you use must be sufficiently robust to provide the necessary degree of certainty and include data from a range of sources, across time and incorporate qualitative checks that assess the strength of the information supplied. Your evidence base and level of verification must be composite and comprehensive.

Identity of the Property

  1. You are certain you have correctly identified the property which is to be mortgaged and that the documents of title with which you have been presented accurately relate to and reflect that property, particularly where its name or its boundaries or other significant features have been changed.

an exchange of monies.Transaction

  1. In registered title property transactions, you obtain Official Copies of the title and a copy of the Official Plan produced by the Land Registry.
  2. You do not complete a mortgage transaction without first obtaining the results of Land Registry, Land Charges or has the meaning given by s. 1(1) of the Companies Act 2006.Company Searches, as appropriate.
  3. You carry out a Bankruptcy Search (which must be current at completion) in the registered names of and any other names used by a Borrower or by which he is otherwise known.
    10.1        Where an entry is revealed against the name of the Borrower (or the mortgagor or guarantor) you must certify that the entry does not relate to the Borrower (or the mortgagor or guarantor) if you are able to do so from your own knowledge or enquiries; or if, after obtaining office copy entries or making other enquiries of the Official Receiver, you are unable to certify that the entry does not relate to the borrower (or the mortgagor or guarantor) you make a report to the Lender.
    10.2        You obtain clear bankruptcy searches against all parties to any deed of gift or transaction at an apparent undervalue (paragraph 5.15.4 CML Handbook).
  4. You complete a mortgage for a registered title and the application for registration at the Land Registry lodged before the end of the priority period provided by the Land Registry Search. Any search application to create a fresh priority must be made in sufficient time before the expiry of the existing priority period to enable a substantive application to be lodged within the appropriate period if another “hostile” application is revealed.
  5. You complete a mortgage over an unregistered title within the priority period provided by the Land Charges Searches. You register your application with the Land Registry within 2 months of the date of completion.
  6. Where the Borrower is a has the meaning given by s. 1(1) of the Companies Act 2006.Company you register the charge at Companies House within 21 days (a period which may only be extended by order of the Court).
  7. When acting for a Seller or Buyer, Official Copies and Official Plan you must check no additional charges have been registered.
  8. When acting for a Seller, you check the Title Entries on receipt from the Land Registry (and before issue to the Buyer’s conveyancer) to ensure that any additional charges are noted and addressed at the outset. This will avoid causing problems in discharging an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertakings.

a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Redemption

  1. To ensure compliance with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.Undertakings Code and with Clause 17 of Part 1 of the CML Handbook, you:-
    16.1        ask a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client at the outset of any sale or remortgage transaction whether there are any mortgages secured against the property and, if so, obtain details (including relevant mortgage account numbers);
    16.2        specifically ask those any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients whether, in addition to the principal mortgage account, they have any other loans with different account numbers with the same Lender (which may be secured against the property) or any other mortgages with any other Lenders and, if so, obtain details (including relevant mortgage account numbers);
    16.3        request an illustrative redemption statement from the Lender at the outset of the transaction giving details of mortgage account numbers, and verify the outstanding amount(s) shown on those statements with your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients;
    16.4        when obtaining either an illustrative or a final redemption figure from a Lender, request a statement of the total amount required to redeem all loans and monies secured by the Lender’s charge over the property. Failure to ask for details of all loans and monies secured by the Lender may 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    mean
    that the redemption figure will only relate to those a current or deposit account (but not a share account) at a branch (or the head office) located in England or Wales of a Building Society or Bank, in each case in the name of the CLC regulated body, and in the title of which account the word ‘Client’ appears.accounts where details have been provided;
    16.5 ensure any discharge an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking given specifies both the identity of the lender and the date of each charge it is intended to discharge in reply to any requisitions on title or otherwise.

a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Instructions

  1. You:-
    17.1        check the Lender’s mortgage offer and instructions carefully and ensure that that they match the details of the transaction exactly or otherwise report any discrepancies to the Lender, having first obtained instructions from his Borrower any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client so to do or, if the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client refuses to consent, to cease acting for the Lender;
    17.2        question and clarify any unusual or uncertain instructions before proceeding;
    17.3        cease to act for the Lender if his interests or the interests of anyone working within your body or the interests of the Borrower come into conflict with those of the Lender; and
    17.4        comply with Part B – the a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud Code.

Part B – a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud

  1. You immediately cease to act for a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client in any circumstances where you are aware or suspect that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is attempting to perpetrate fraud. If you decide to terminate the retainer, you must inform the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client unless to do so would constitute a “tipping off” offence under the Proceeds of Crime Act 2002 or the Terrorism Act 2000.
  2. You maintain your duty of confidentiality to your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client after ceasing to act for that any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client except where:
    • a court orders such matters to be disclosed
    • a warrant permits a police officer or other authority to seize confidential documents, or
    • there is compelling evidence that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client was using its services to further a criminal or fraudulent purpose, in which case disclosure should be made to the police.
  3. In acting in the best interests of the Lender you may be required to pass on or report information to the Lender. Where the Borrower any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client declines consent to its disclosure, a situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.Conflict of interest will arise between the duty of confidentiality to the Borrower any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client and the duty to act in the best interests of the Lender. You must therefore cease to act for the Lender (and consider carefully whether you can continue to act for the Buyer).

Identity of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client and any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client‘s Circumstances

  1. You:-
    21.1        establish the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s identity in line with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Anti-Money Laundering Code and the current Money Laundering Regulations,  obtaining proof of that identity to establish that a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is who he says he is and that he lives at the address given;
    21.2        advise the Lender if, in any case, a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is unable, reluctant or unwilling to provide this verification;
    21.3        identify all the other owners of the property and other persons who might have an interest in or rights over the property (if any) and ensure that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client‘s current co-please see Material Interest and Beneficial Owner definitions.owner/partner is, where applicable, the co-please see Material Interest and Beneficial Owner definitions.owner/partner referred to on the title of the property;
    21.4        obtain confirmation of instructions direct from the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client (and from all other interested parties) wherever possible, particularly where he or they communicate through an intermediary and

    1. obtain detailed instructions;
    2. satisfy itself that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is not subject to duress or undue influence and
    3. satisfy itself that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is entering into the transaction knowingly

    21.5        be satisfied that the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client‘s economic position, wealth and lifestyle correspond with the mortgage that he is proposing to enter into and there are no facts which suggest the potential for mortgage fraud (e.g. that he has not overstated his income in the mortgage application or that he does not have substantial arrears on an existing mortgage account); and

    21.6        check all signatures to reduce any risk of forgery of the signatures of other interested parties (e.g. a husband who forges his wife’s signature).

Linked an exchange of monies.Transaction

  1. Having obtained the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s instructions to do so, you notify the Lender of any sub-sale or back-to-back element in any transaction and ensure you have the Lender’s written consent before proceeding. If the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client refuses to consent to that disclosure, you cease acting for the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client and the Lender.

Identity of the other a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.lawyers

  1. You check the identity of the  a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer(s) or Solicitors acting for the other party by reference to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC or the Records Department of the Law Society of England & Wales respectively.

Proceeds of Sale

  1. You pay particular attention to instructions given for the distribution of the net proceeds of a sale or remortgage:
    24.1        If the property or the mortgage is held in joint names, the net proceeds of sale must be sent to an account in the joint names of all any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients or a cheque must be written to all parties jointly
    24.2        The net proceeds are sent to all the parties except as otherwise instructed by all the parties in writing.

Variations in Price, Incentives and other Material Considerations

  1. When acting for a Buyer and a Lender, you, with the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client‘s consent, notify a Lender immediately where:-
    25.1        there is an alteration to the purchase price or the details are different from the details set out in the mortgage offer (other than as permitted by the Lender).
    25.2        you become aware of any other information which you would reasonably expect the Lender to consider important in deciding whether, or on what terms, it would make the mortgage advance available to the Buyer.
  2. You do not complete the mortgage until the Lender has confirmed that it is happy to proceed and, if applicable, the terms upon which it is willing so to do.
  3. You establish and maintain proper systems, procedures, processes and internal strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls for approval of Certificates of Title prior to submission to the Lender.
  4. You remain mindful of your duty to act in the best interests of the Lender as your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client.

General

  1. You do not witness any signature unless the person signing does so in your presence. You ensure that any signed document which has been witnessed other than by a conveyancer has been properly signed in the presence of a witness.
  2. You verify the signatures of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients (and any other interested parties) on all documents connected with a transaction.

Warning Signs

  1. You question the probity of unusual instructions and are particularly circumspect if any one or more of the circumstances set out in the “Summary of Warning Signs” Guidelines apply to a transaction where you are acting

Acting for Lenders many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

Checking Identity by Documentary 1. their spouse or civil partner;
2. their child or step-child (if under 18 years of age);
3. the trustee of a settlement* under which they have a life interest in possession;
4. an undertaking of which they are a Director;
5. an employee;
6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
Means

  1. The identity of a Borrower can be verified by checking their identity against appropriate original documents provided to you which appear to be authentic, are current and, where applicable, have been signed in the relevant place. A document or a series of documents meeting the expectations contained in Clause 3.1.6 of Part 1 of the CML Handbook is likely to satisfy the Lender’s requirements.
  2. Care must always be taken to ensure that the extent of the evidence seen will also meet responsibilities for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client identity verification under the Regulations and the expectations contained in the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Anti-Money Laundering and Combating Terrorist Financing Code.
  3. Clause 3.2 of Part 1 of the CML Handbook prescribes requirements for safeguards and identity checks.

Checking Identity by Electronic 1. their spouse or civil partner;
2. their child or step-child (if under 18 years of age);
3. the trustee of a settlement* under which they have a life interest in possession;
4. an undertaking of which they are a Director;
5. an employee;
6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
Means

  1. You must obtain “satisfactory evidence of identity”, which must be reasonably capable of establishing (and does in fact establish to the satisfaction of the person who obtains it) that the potential any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is the person he under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claims to be. The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC considers verification of identity by appropriate electronic 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    means
    to be acceptable, though urges caution. Electronic evidence obtained should provide you with a strong level of certainty that any individual is the person they under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claim to be and that a person of that name lives at the address given using the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client‘s full name, address and date of birth as its basis.
  2. Any system or product used must be sufficiently robust to provide the necessary degree of certainty. Data accessed from a single source (e.g. the Electoral Roll) will not normally be sufficient on its own. Some databases will offer a higher degree of confidence than others.
  3. Before using a commercial agency for electronic verification, you must be satisfied that:-
    6.1          the information supplied by the data provider is considered to be sufficiently extensive, reliable and accurate; and
    6.2          the agency has processes which allow its users to capture and store the information that they have used to verify an identity.
  4. The process should be cumulative and you may consider it appropriate to seek additional evidence (e.g. a copy of a document bearing a signature and a date of birth) in all cases or, at least, where any any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client poses a higher risk of identity fraud, money laundering or terrorist financing, or where the result of any electronic verification check gives rise to concern or uncertainty over the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s identity.
  5. You may wish to consider whether the provider meets each of the following criteria, namely that it:-
    8.1          is a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.recognised to store personal data through registration with the Information Commissioner’s Office;
    8.2          uses a range of positive information sources that can be called upon to link an as determined by the particular context: 1. any person who intends to apply, or is currently applying, for registration as a CLC student or for a CLC Licence; 2. a body which intends to apply, or is currently applying, for registration as a CLC Recognised Body; 3. a body which intends to apply, or is currently applying, for a Licensed Body (ABS) licence. Approved Person: under the Accounts Code this means: 4. an Authorised Person; or provided the CLC Body is in compliance with 9.1.4 of the Accounts Code, any other appropriately skilled, trained and competent person of integrity who has been authorised on Durable Medium by the CLC Body.applicant to both current and previous circumstances;
    8.3          accesses negative information sources such as databases relating to identity fraud and deceased persons;
    8.4          accesses a wide range of alert data sources; and
    8.5          has transparent processes that enable you to know what checks were carried out, what the results of these checks were and what they 1. their spouse or civil partner;
    2. their child or step-child (if under 18 years of age);
    3. the trustee of a settlement* under which they have a life interest in possession;
    4. an undertaking of which they are a Director;
    5. an employee;
    6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
    7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
    8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
    9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
    mean
    in terms of how much certainty they give as to the identity of the subject of the identity enquiry.
  6. Data from more robust sources where inclusion is based on proof of identity (such as government departments) ought to be included (under paragraph 8.2). Negative information checks (under paragraph 8.3) minimise the risk of impersonation fraud.
  7. It is also important for:-

    10.1        the process of electronic verification to meet a standard level of confirmation before it can be relied on. In circumstances which do not give rise to concern or uncertainty, the standard level would be expected to be:

    1. one match on an individual’s full name and current address and
    2. a second match on an individual’s full name and either his current address or his date of birth.
    3. If the result of a standard verification check gives rise to concern or uncertainty over the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client‘s identity, the number of matches required to provide reasonable satisfaction as to his identity should increase.

    10.2        You should ensure you understand the basis of the system you use in order to be satisfied that the sources of the underlying data reflect the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s requirements and cumulatively meet the standard level of confirmation set out above as commercial agencies use various methods of displaying results (e.g. by the number of documents checked or through scoring mechanisms, etc).

Transactional Considerations

    1. 1     For a registered title, the date from which the Land Registry search should be made is the date of issue of the Official Copies supplied or obtained at the outset of the transaction and the search should be made in the registered name of the Lender (and not its trading name) to avoid any conflict of priorities.
    2. 2     For unregistered land, searches must be made against all names and any variations on those names on the title documentation and, where an address has changed, a search should be made against any former address and/or counties.
    3. 3     For unregistered land, an Index Map Search must always be undertaken to ensure that the extent of the land to be conveyed is consistent with the title documentation and the Borrower’s understanding.
  1. In unregistered title property transactions, it is good practice both when acting for a Seller or a Buyer to make a Land Charges Search at the outset of the transaction to ascertain any entries details of which have not been supplied by the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients or are not revealed in the Abstract or Epitome of Title.

a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance

  1. a loan to purchase a property which is secured by a portion of the value of that property.Mortgage fraud may be perpetrated by one or more participants in a mortgage loan transaction, including the Borrower, or by multiple parties (a mortgage fraud ring) working dishonestly together (and often in a professional capacity).
  2. a loan to purchase a property which is secured by a portion of the value of that property.Mortgage fraud is a criminal offence which can often result in imprisonment on conviction. Some conveyancers have been caught up unwittingly in a mortgage fraud, not because of any willfully fraudulent acts on their part but because they have failed to act in accordance with this Code, neglecting to check all details of the transaction and failing where appropriate to report to the Lender for whom they are also acting. They have not appreciated that the circumstances of the transaction might lead to or give rise to fraud.
  3. Proceeds of mortgage fraud are criminal property. A conveyancer who assists in such a fraud will facilitate the acquisition, retention, use or control of criminal property contrary to s.328 of the Proceeds of Crime Act 2002. He may also aid and abet a fraud or be complicit in a conspiracy to defraud.
  4. a loan to purchase a property which is secured by a portion of the value of that property.Mortgage fraud is likely to require a report to be made to the the law enforcement agency (replaced SOCA) which has harm reduction responsibilities and which targets criminal activities such as fraud, money laundering and identity theft.National Crime Agency.
  5. Any attempt to deceive a Lender may expose you to civil action (e.g. breach of contract, breach of trust or negligence) and/or to disciplinary proceedings.

Linked Parties

  1. You should always exercise caution if:-
    6.1          there appear to be links between a Buyer and Seller; or
    6.2          you are acting for both parties; or
    6.3          the Seller is a private has the meaning given by s. 1(1) of the Companies Act 2006.company or the Seller has recently purchased from a private has the meaning given by s. 1(1) of the Companies Act 2006.company and the names and addresses of the officers and shareholders of the has the meaning given by s. 1(1) of the Companies Act 2006.company appear to be connected with the transaction, the Seller or Buyer.

Concerns of variations

  1. It is in your interests to check whether:-
    7.1          the contract papers have incomplete or missing dates, incorrect descriptions or any sections (particularly the price) which have been left blank;
    7.2          the price shown in the Contract and Transfer documentation differs from the amount actually being paid for the property;
    7.3          any fixtures and fittings included in the purchase price materially reduce the value of the property;
    7.4          the Seller is offering the Buyer any incentive(s) to buy the property unless these clearly fall within a Part 2 CML Handbook dispensation given by the Lender concerned;
    7.5          any allowances are made or any other sum is being set-off against the money payable by the Buyer to the Seller (e.g. for repairs to the property):
    7.6          the Buyer proposes to pay or has apparently paid a deposit direct to the Seller (except for a nominal reservation fee); or
    7.7          there is anything else that affects the price of the property or the amount actually being paid for the property, however small.
  2. It is not advisable for you to determine whether any change is material. With your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s consent, you should make a report to the Lender. It is good practice to advise any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients at an early stage that
    1. it would be regarded as fraud to misrepresent the purchase price or the existence of any incentives and inducements; and
    2. you have a duty to inform a Lender of the true or underlying price actually being paid for a property.
  3. It is good practice to include a term in the a statement on a Durable Medium of all terms upon which instructions are accepted.Terms of Engagement permitting the disclosure to Lenders of material facts relating to the property and the Borrower any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client.

Acting in the best interests of the Lender any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client

  1. In the event of the circumstances detailed in paragraph 7 your safest course of action may be to cease to act for both the Lender and the Borrower any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client.
  2. Where you cease to act for the Lender in such circumstances, you should return the mortgage instructions to the Lender merely stating that they are returned because of a situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.Conflict of interests (without giving any further explanation).

Valuations

  1. It is good practice to check any valuation supplied by the Lender to check it is not:
    12.1        higher than the actual price being paid for the property or higher than might be expected for a property of that type in the location in which it is situated; or
    12.2        considerably higher than the price paid for the property on any earlier sale or disposal within the last 12 months, taking into account any subsequent inflation or deflation in property prices since the date of that sale or disposal.
  2. You are not a valuation expert and cannot be expected to advise on the accuracy of a valuation. Nevertheless, a valuation which is patently out of line with the apparent value of a property may be a ground for suspicion of fraud, particularly where there is a possibility or risk of complicity between prospective Borrowers and Valuers.

Verifications of Signatures

  1. This can be done by examination and comparison with signatures on any other available documentation.

Fraud schemes

    1. 1     a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud can take the form of fraud for property or profit (or both). It can be opportunistic e.g. parties misrepresenting their income or not declaring other debt obligations; or perpetrated by mortgage fraud rings e.g. organised crime syndicates overvaluing properties, ‘professionals’ not acting professionally, provision of fake IDs, fake firms, flipping, inflated, or low, property valuations, illegitimate source of funds etc. Criminal methodologies are continually evolving but fraud activities have previously included:
      1. criminals posing as the buyer’s new lawyer obtain the mortgage advance instead of the real buyer
      2.   usage of at least one ‘professional’ party to appear to verify the transaction’s legitimacy and reassure other professionals within it
      3.   fraud rings acquiring machinery which produces fake – yet undetectable as such – driving licences for ID purposes, creating fictitious nominated purchasers
      4.   fictitious property or vacant land or non-developed property (particularly targeting property clubs)
      5.   selling property, at inflated values, between related private companies
      6.    back-to-back sales where the first mortgage is not registered against the property (and not redeemed upon second sale completion)
      7.   Equity Release Schemes where the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client sells the property to a fictitious person or mortgage mule, who takes out an inflated value mortgage and on which it makes no payments (or where the person is vulnerable and does not understand the scheme’s conditions and implications)
      8.    purchasing via auction a repossessed property and (usually within a year) seeking external funding against the property, or posing as a property developer seeking bridging loans
      9.     identifying deceased estates through local papers’ notices sections, establishing identity as either the deceased person or a long-lost heir and seeking a mortgage over the existing equity; and
      10.    applying for a County Court Judgement against the please see Material Interest and Beneficial Owner definitions.owner of a repossessed/ unoccupied property concerning a non-existent debt.

    Examples of linked parties and sub-sales schemes:

    1. 2      Sale at an inflated price to an individual by a has the meaning given by s. 1(1) of the Companies Act 2006.company or other entity controlled or owned by her/him may be a device designed to raise additional finance for the has the meaning given by s. 1(1) of the Companies Act 2006.company or other entity and be linked to larger-scale frauds involving tax, improvement grants, etc. Sale by a Borrower to an associate at an inflated price (known as roll-over fraud) can then enable the associate to obtain a higher mortgage. No repayments are made under the mortgage and before the Lender is able to repossess the property, it is sold to another associate for a higher price, and so on.
    2. 3      A Buyer at one price instructs his conveyancer that he will be selling on to a third party at a higher price where the Sub-Buyer is either one and the same person as the Buyer or an associated person where the Seller may or may not also be a party to the fraud. The Sub-Buyer third party obtains a mortgage based on the sub-sale price and secures an immediate profit. The balance between the original sale price and the higher sub-sale price is never paid or is said to be paid by the Buyer to the Sub-buyer or is allegedly set-off by the Buyer against money owed to him by the Sub-Buyer. These transactions often feature a simultaneous exchange of contracts followed by a quick completion, leaving the Lender left with a property worth the original sale-price as security for a much higher loan. A derivative of this fraud occurs where a Seller grants a lease to a Buyer at a ground rent and the Buyer then assigns the lease to a Sub-Buyer at a premium to provide the Sub-Buyer with a legal interest over which he can then obtain a mortgage.

Summary of Possible Warning Signs

  1. The following are factors to be taken into consideration within as defined at s.11(3) of the 1985 Act , includes the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land.conveyancing transactions. Where any of these factors are found the transaction should be approached with caution. That is not to say that in all circumstances listed below that mortgage fraud is likely, or is happening, but there may be increased risk to the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct’s delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes.
    16.1 a loan to purchase a property which is secured by a portion of the value of that property.Mortgage/property type
    1. Buy-to-let schemes (large-scale fraud can take the form of large-scale renovation projects, new-build apartment complexes, and on occasion commercial properties)
    2. Sub-prime, self-certified, or 100% mortgages
    3. Where a Stamp Duty Mitigation Scheme is being used
    4. Seller or developer have provided incentives, allowances or discounts (especially if these were previously undisclosed)
    5. A lender which is not a mainstream an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank, building society or similar institution
    6. Unencumbered property
    7. The property and mortgage do not seem consistent with your knowledge of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s financial position and income sources
    8. Cases referred from investment clubs or sale and rent-back companies
    9. The property has a history of being re-sold, or mortgages settled, quickly
    16.2 an exchange of monies.Transaction type
    1. The property has a County Court Judgement against it
    2. Acting for both the borrower and the seller especially if involving corporate structures
    3. You are asked to complete the transaction and transfer the title in accordance with already exchanged contracts
    4. Finance is sought after the property has been registered in the buyer’s name
    5. You are offered continued work at a higher margin to encourage less diligent checks*
    6. Following a court order, the land is transferred but no application for a mortgage is made until some time later
    7. There has been a recent transfer of land but no money has changed hands
    8. Variance in signatures
    9. Instructions to purchase in or transfer a property into the name or names of nominees
    10. Instructions from a Seller to remit the net proceeds of a transaction to someone other than the Seller
    11. Any instructions from a Buyer or Seller which do not correspond with the normal type of instructions you would expect to receive during the course of a standard residential or commercial as defined at s.11(3) of the 1985 Act , includes the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land.conveyancing transaction
    12. Any transaction which is unusual insofar as it does not follow the normal course or pattern of a standard residential or commercial property transaction
    13. A deposit or the difference between the mortgage advance and the price is paid direct or said to have been be paid direct, to the Seller
    14. Contract documents are not fully completed by the Seller’s representative, i.e. dates missing or the identity of the parties are not fully described or financial details are not fully stated
    16.3 any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client type
    1. Borrower does not reside at the property
    2. ‘Ideal’ occupations and salaries e.g. earning £100,000 or working in a preferred occupation
    3. The seller is a private has the meaning given by s. 1(1) of the Companies Act 2006.company, or has recently purchased the property from a private has the meaning given by s. 1(1) of the Companies Act 2006.company
    4. Deposit paid by someone other than the purchaser
    5. First-time property investment of this scale
    6. Current please see Material Interest and Beneficial Owner definitions.owner has owned the property for less than six months; this may indicate flipping  i.e. re-selling a property very quickly for a substantially increased price, usually involves back-to-back sales
    7. An existing any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client asks you to rely on former identify checks i.e. ‘reliance’ exemptions
    8. The buyer is a corporate purchaser and it is unclear whether the transaction is at arms length i.e. the identity of the beneficial please see Material Interest and Beneficial Owner definitions.owner is not disclosed (or the names and addresses of office holders and shareholders at the has the meaning given by s. 1(1) of the Companies Act 2006.company do not reflect those connected with the transaction)
    9. The any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s credit history is not aligned to their age (it may be longer or shorter than might be expected)
    10. The ‘please see Material Interest and Beneficial Owner definitions.owner’ does not appear to be of the age to have held the property registered to them for the length of time stated
    16.4 Remote any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client
    1. Where a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is introduced by a third party (e.g. a mortgage broker or an estate agent) who is not well known to the a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
      a Licensed
      Conveyancer;
      a Solicitor;
      a Fellow of the Institute of Legal Executives.
      Authorised Person(s)/Parties
       
      or the firm
    2. Where a potential any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client wishing to instruct the body for the first time does not live locally to it and has not been introduced by someone known to it and there is no obvious reason why they should place their instructions with it
    3. Where a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client will be using the services of the body for the first time and persuades it to accept instructions from the other party, or the other party instructs the body
    16.5 Secretive any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client
    1.  any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client declines to be met or come to the office and/or uses an intermediary to communicate with the body and/or asks the body to contact him at his business or another address rather than at his home address
    2.  any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client shares an address with one or more other parties to the transaction
    3. You suspect that a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client is not being completely honest or transparent about any element of a proposed mortgage transaction
    16.6 Other parties
    1. Where another a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
      a Licensed
      Conveyancer;
      a Solicitor;
      a Fellow of the Institute of Legal Executives.
      Authorised Person(s)/Parties
       has previously been acting
    2. Person acting on the other side of the transaction is not a lawyer (see Dealing with as set out at s.111 of 2007 Act, a person who is not: (1) an Authorised Person in relation to an activity that constitutes a reserved legal activity (2) a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) (3) a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales) (4) a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Persons(third parties) Code & many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance)
    3. Impatient parties putting pressure on you to complete the transaction quickly where the reason for urgency is not immediately apparent
    4. The deposit is paid by the buyer directly to the seller or developer
    5. Power of Attorney involved
    6. The details/final destination of documents do not match the contact details for the individual/firm provided in the directory of their regulatory/professional body
    7. A person claiming to be an a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
      a Licensed
      Conveyancer;
      a Solicitor;
      a Fellow of the Institute of Legal Executives.
      Authorised Person(s)/Parties
       is not registered with the relevant as defined at s.20 of the 2007 Act: the CLC, the Law Society, the General Council of the Bar, the Master of Faculties, the Institute of Legal Executives, the Chartered Institute of Patent Attorneys, the Institute of Trade Mark Attorneys, the Association of Law Costs Draftsmen, the Institute of Chartered Accountants in Scotland, the Association of Chartered Certified Accountants and any such other bodies as are authorised to regulate providers of Reserved Legal Activities.Approved Regulator
    16.7 Diligence
    1. Deed not signed in front of you (enhanced due diligence is required where you do not meet the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client)
    2. Reliance on the diligence of another party
    16.8 Valuations
    1. You are requested to alter the value on the Certificate of Title*
    2. You are asked to enter a price on the title that is greater than you know was paid for the property
    3. Discrepancies in value recorded in documents (including the contract, transfer documents, mortgage instructions, certificate of title to lender, Land Registry forms)
    4. Adjustments to the purchase price, particularly in high percentage mortgage cases, or allowances off the purchase price, for example, for alleged works to be carried out
    5. The actual and true cash price to be paid is not the stated consideration in the contract and transfer and/or the price shown in the mortgage instructions and in the Certificate of Title submitted to the Lender
    6. *if the value is altered without the agreement of the lender this is likely to be in breach of the the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principles 1 ‘Act with Independence and Integrity’ and 2 ‘Maintain High Standards of Work’.

16.9.       In each case you should consider whether you authority to make a report to the lender and/or whether you should cease acting for both the lender and the borrower.

16.10      The National Fraud Authority’s indicator for UK mortgage fraud in 2012 was estimated at £1 billion. The way in which mortgage fraud is attempted is continually changing; the examples given at item 15 and the possible warning signs provided above, are not intended to list exhaustively all of the areas in which extra caution should be applied. You should remain alert to any transaction, or element within, or party to it, which is unusual or raises cause for concern.

Good Practice

  1. The following are examples of good practices which other firms have employed to help prevent, identify and mitigate fraudulent activities. You are not required to adopt these practices, they are provided for your consideration. It is acknowledged that a number the examples provided have been adopted by larger firms; you may wish to consider adopting/tailoring these practices to align with the size and any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client profile of your firm.

    17.1        Due Diligence

    1.  Ongoing management/review of relationships with third parties
    2. Open source internet searches against other firms and its staff, including adverse
      information published by any relevant regulatory bodies and credit-checking
    3. Scrutinising, clarifying and verifying the information received from parties connected
      to the transaction, considering risks presented by new mortgage products
    4. Systems for checking the identity of foreign any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients
    5. Checking that deposit monies for a mortgage transaction appear to be from a legitimate source
    6. Considering whether property valuations appear to be reasonable
    7. If your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client changes while you are acting on a transaction, contact both the old and the new any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client so you understand the reason for the change of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client and are satisfied that it appears to be for a legitimate reason
    8. Electronic identification check with  each any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client as soon as instruction is received; use a service provider accessing a unique system which matches identity of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client  using ID and verifying confidential information known only to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client and provider

    17.2        Staff – Fit & Proper

    1. Pre-employment screening of (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees
    2. Staff required to disclose situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.conflicts of interest stemming from their relationships with third parties
    3. Enhanced vetting methods –  e.g. credit checks, criminal record checks, last 5 years employment – applied to different roles

    17.3        Staff – Training

    1. a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.Lawyer trained to review responses given on source of funding source e.g. does the information provided fit the age/ occupation/profile of the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client?
    2. Appropriately trained and experienced staff handle the process; training including mortgage fraud risks, potential risk indicators and the firm’s guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach to handling the issue
    3. Detailed mortgage fraud training for staff (may include scenarios and case studies)
    4. a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud Awareness Manual/Test, updated to reflect new mortgage fraud trends and types
    5. a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud ‘champions’ offer many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance or mentoring to staff and updates on new  fraudulent methods
    6. Measure, motivate and reward staff in and the steps they take to prevent fraud
    7. All staff receive training on information security procedures

    17.4        Systems/Controls – Risk Assessment Policies

    1. staff are encouraged to report fraud under a clear whistle-blowing policy
    2. Allocate each as defined at s.11(3) of the 1985 Act , includes the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land.conveyancing file a fraud/risk monitoring level
    3. Systematically consider how management information can be improved and used more effectively to mitigate the risk of fraud; systems/procedures/training evolve according to market  intelligence/pressures (particularly concerning information security, fraud and risk information provided by lender  any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients), with has the meaning given by s. 1(1) of the Companies Act 2006.company AML, Fraud and Risk Policies regularly updated, communicated and training provided
    4. System alerts if lawyer on other end of transaction changes or their an institution, body, financial intermediary, or financial institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.bank account details alter
    5. Reviewing negative databases, such as a list of known fraudsters and the deaths register
    6. Standard specifies by way of endorsements, the Authorisations, Permissions and Conditions of a CLC Licence.Terms and Conditions include a clause that stating the lender any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client will be advised of any relevant information arising; the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s attention will be brought to the term and they have to sign their acceptance of this

    17.5        Systems/Controls – specify the reserved legal activities which a body is authorised by the CLC to provide.Authorisations

    1. Accounting functions and strategic management, risk management, accounting and financial arrangements (including supervisory and audit functions) which eliminate, or reduce to acceptable levels, risks to positive Outcomes.controls are separated from transactional any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client facing functions
    2. Money can only be taken from the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client account when more than one person authorises the transaction

    17.6        Systems/Controls – Quality Assurance

    1. Internal audit and compliance teams regularly monitor the adequacy of underlying any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client take-on methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements or third party relationships
    2. A formal quality and audit framework to ensure daily quality assurance of key tasks undertaken and full compliance audits carried out on a rotational basis

    17.7        Information Security

    1. Information security management systems certified by an accredited certificate organisation
    2. Information Security systems are compliant with the Department for Business Innovation & Skills many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance
    3. The firm has a written information security policy which a senior member of staff oversees

    17.8        Information-gathering

    1. Engage in cross-industry efforts to exchange information about fraud risks
    2. Dedicated Land Registry team producing has the meaning given by s. 1(1) of the Companies Act 2006.company-wide management information

    Should you require many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on meeting the requirements of this Code, please see the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s Acting For Lenders and Prevention and Detection of a loan to purchase a property which is secured by a portion of the value of that property.Mortgage Fraud many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance .

an Alternative Business Structure licensed by the CLC.Licensed Body (ABS) Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this an Alternative Business Structure licensed by the CLC.Licensed Body (ABS) Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Co

In this Code ‘you’ refers to Licensed Bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC, except where ‘you’ is provided under the heading of a designated role in which case the ‘you’ refers to that role. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

Governance and operational methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements

  1. You ensure all persons with a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest, means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers and (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees understand and comply with their regulatory responsibilities and do not compromise the body’s duty to the Court or any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  2. You enable the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Legal Practice (the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP) and the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Finance and Administration (the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA) to discharge their regulatory responsibilities.
  3. You enable a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    to comply with their own regulatory responsibilities.
  4. You ensure persons with a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest are unable to exert when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence on the body.
  5. You arrangements are in place to ensure processes are carried out in an orderly fashion.systematically prevent, identify and address when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence, allowing independence to be maintained and the rule of law to be upheld.
  6. You provide a mechanism by which staff can identify regulatory concerns to the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP, and any finance-related concerns to the the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA also.
  7. You operate an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints-handling procedures which consider an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints about both a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.lawyers and non-a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.lawyers.

a strict direction for conduct that must be complied with.Specific Requirements

  1. You have a designated the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP and the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA and have applied for/obtained the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC approval of these individuals.
  2. Your the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP and the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA have experience and qualifications appropriate to the body’s profile.
  3. Your the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP and the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA are members of the senior management team or Board, or report to the senior management team or Board.
  4. You provide the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP and the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA with access to the an Alternative Business Structure licensed by the CLC.Licensed Body’s means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers and staff and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC whenever necessary and their views are taken into account and the recommendations taken forward wherever possible.
  5. You specifically authorise the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP and the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA to dissent from collective responsibility when reporting to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
  6. You ensure as set out at s.111 of 2007 Act, a person who is not: (1) an Authorised Person in relation to an activity that constitutes a reserved legal activity (2) a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) (3) a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales) (4) a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Persons who propose to hold a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest of 10% or more, or a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest holder proposes to acquire an additional kind of interest, notify both the body and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
  7. You ensure the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP is notified of any ‘the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ issue concerning the please see Material Interest and Beneficial Owner definitions.owner(s), the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP, the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA, other means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers or a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    .

a strict direction for conduct that must be complied with.Specific Requirements –  as set out at s.111 of 2007 Act, a person who is not: (1) an Authorised Person in relation to an activity that constitutes a reserved legal activity (2) a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) (3) a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales) (4) a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Persons with a person holds a material interest in a Licensed (ABS) Body if the Person*: (1) holds at least 10% or more shares in the body (or in a parent undertaking); (2) is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; (3) is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; (4) as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b) any of the person’s associates; or (c) the person and any of the person’s associates taken together.Material interest 

  1. You are a ‘the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ person and declare to the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP any factors affecting this.
  2. You do not attempt to exert when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence over the body or individuals within it.
  3. If you intend to acquire an additional kind of a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest you inform both the an Alternative Business Structure licensed by the CLC.Licensed Body and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.

Business methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements
a strict direction for conduct that must be complied with.Specific requirements

  1. You have at least one a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    , authorised to provide each under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activity the body delivers.
  2. You do not employ any person disqualified from being employed by a an Alternative Business Structure licensed by the CLC.Licensed Body or any person not the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    .
  3. You do not share any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client information with other parts of the business without the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s permission.

the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Legal Practice
PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles

  1. You understand the regulatory responsibilities of the body.
  2. You act upon regulatory responsibility concerns raised by staff.
  3. You keep up- to-date with legislative and regulatory requirements through targeted Continuous Professional Development.
  4. You ensure a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    employed by the body are the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    .
  5. You report to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any governance concerns including when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence.

a strict direction for conduct that must be complied with.Specific Requirements – of the Individual

  1. You are an a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    in relation to one or more of the under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.
  2. You are a ‘the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ person and declare to the an Alternative Business Structure licensed by the CLC.Licensed Body and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any factors affecting this.

a strict direction for conduct that must be complied with.Specific Requirements – of responsibility

  1. You ensure the an Alternative Business Structure licensed by the CLC.Licensed Body complies with the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements and any a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence specify the reserved legal activities which a body is authorised by the CLC to provide.authorisations, specify the non-reserved legal activities that a body is permitted to provide.permissions and conditions, within 2 working days.promptly reporting any breach to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
  2. You ensure a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    are able to comply with their regulatory responsibilities, within 2 working days.promptly reporting to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any breach of this.
  3. You ensure all as set out at s.111 of 2007 Act, a person who is not: 1. an Authorised Person in relation to an activity that constitutes a reserved legal activity 2. a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) 3. a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the irective applies (other than the title of barrister or solicitor in England and Wales) 4. a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Person (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees, means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers or a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest holders do not cause or substantially contribute to the an Alternative Business Structure licensed by the CLC.Licensed Body or any of its (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees, means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers or a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    , breaching its/their regulatory responsibilities, within 2 working days.promptly reporting to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any failures to comply.
  4. You ensure persons proposing to acquire a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest in the body, or who have already done so are aware of their duty to notify.
  5. You ensure you are informed within 2 working days.promptly of any circumstance identified under the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Notification Code.

the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Finance & Administration
PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles

  1. You protect any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.client money and assets at all times.
  2. You understand the regulatory responsibilities of the body.
  3. You keep up- to-date with legislative and regulatory requirements through targeted Continuous Professional Development.

a strict direction for conduct that must be complied with.Specific Requirements – of the individual

  1. You are a ‘the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ person and declare to the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP any factors affecting this.

a strict direction for conduct that must be complied with.Specific Requirements – of responsibility

  1. You ensure the body complies with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s treatment of money requirements, within 2 working days.promptly reporting any breach of these.
  2. You within 2 working days.promptly report to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC when the body is in financial distress or is at significant risk of becoming financially distressed.
  3. You provide administrative methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements to support the maintenance of high standards of work.
  4. You ensure that proper records are maintained to evidence the body’s management and supervision methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and how they are applied.

referred at Schedule 2 of the 2007 Act, as the “conduct of litigation” and includes: (a) the issuing of proceedings before any court in England and Wales (b) the commencement, prosecution and defence of such proceedings (c) the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).Litigation and referred to at Schedule 2 of the 2007 Act as rights of audience and includes the right to appear before and address a court, including the right to call and examine witnesses.Advocacy Code Supplementary

To view in a printable PDF version, please click here.

Note: this Code will only apply if the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s application to extend its regulatory scope is successful.

In this Code ‘you’ refers to individuals and bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC; all individuals and bodies providing litigation and advocacy services regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC must comply with this Code. You must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code.
All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC referred at Schedule 2 of the 2007 Act, as the “conduct of litigation” and includes: (a) the issuing of proceedings before any court in England and Wales (b) the commencement, prosecution and defence of such proceedings (c) the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).Litigation a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.Lawyer and Advocates are required to comply at all times with the PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and a strict direction for conduct that must be complied with.Specific Requirements set out under the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct’s the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principle 4 of Comply with your duty to the Court when providing litigation and advocacy services. This Code provides you with responsibilities supplementary those identified in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, which are aimed at helping you deliver the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes identified below.

delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes-Focused 
The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct requires you to deliver the follow delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes:

  •    You act in the interests of justice; (delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcome 4.1)
  •    You act in good faith towards any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients. (delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcome 4.2)

Providing any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients with a high standard of litigation and advocacy helps you deliver these delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes and requires you to act in a principled way:

  1.  You avoid unnecessary expense or waste of the court’s time.
  2.  You do not offer or make payments to a witness. 1
  3.  You do not say something which is merely scandalous or which seeks only to insult, vilify or annoy a witness or other person.
  4.  Wherever possible you do not name in open court any person if by doing so their character is, or is likely to be, impugned.
  5.  You do not devise facts to assist in advancing the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s case.
  6.  You advise the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client that your duties to the court override your responsibilities to them.
  7. You do not pressurise a witness; in particular you do not do anything which gives rise to a significant risk that a witness will give evidence which is not truthful.
  8.  You deal sensitively with the evidence of child witnesses and other vulnerable persons, and hold it securely.
  9.  You may refuse to act as an advocate under a conditional fee agreement or where you are offered a fee which you can reasonably be expected to consider inappropriate.
  10.  If 9 is applicable, you inform the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client in advance why you are ceasing to act and ask the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client to agree to you passing their instructions onto another advocate.
  11.  When appearing as an advocate you do not assert any person is guilty of a crime, fraud or misconduct, unless you consider the assertion is reasonably supported and is material to your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s case.
  12.  If you become aware that you have inadvertently misled the court, you, with your any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client’s agreement, immediately inform the court; if the any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client does not agree to this, you stop acting for them.
  13.  You do not call into question the character of a witness unless you have given them the opportunity to answer the allegation under cross-examination.

1 Except reasonable expenses and reasonable compensation for loss of time attending court

a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body Code

To view the printable PDF version, please click here.

This Code must be read with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct is the parent document of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Handbook and Frameworks; it sits above all other Codes in our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. The the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct prescribes six Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of behaviour which are essential to delivering the specific delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes which sit beneath each of the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles. All the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulated individuals and bodies are expected to comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct in the delivery of authorised under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities and permitted non-under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activities.

The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC also publishes several other topic specific Codes addressing important areas of practice, including this a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body Code. Topic specific Codes underpin the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and support regulated individuals and bodies in delivering the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles and delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes of behaviour defined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. Topic specific Codes apply to all regulated activities carried out by the individuals or bodies specified in that Code.

In this Code ‘you’ refers to a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Bodies regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC, except where ‘you’ is provided under the heading of a designated role in which case the ‘you’ refers to that role. Any stakeholder in the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body must not act or fail to act, nor permit anyone else to act or fail to act in such a way as to amount to a breach of this Code. You must ensure that you always comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and topic specific Codes and must not permit anyone else to act or fail to act in such a way as to amount to a breach of this Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or the Ethical PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles.

Should circumstances arise in which there is an apparent conflict between a topic specific Code, the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, or any other regulatory requirement, you must ensure that you comply with the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. If in doubt, contact the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC for advice.

Governance and operational methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements

You must ensure that:

  1. You ensure all means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers and (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees understand and comply with their regulatory responsibilities and do not compromise the body’s duty to the Court or any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client.
  2. You enable the means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers to discharge their regulatory responsibilities.
  3. You enable a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    to comply with their own regulatory responsibilities.
  4. You arrangements are in place to ensure processes are carried out in an orderly fashion.systematically prevent, identify and address when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence, allowing independence to be maintained and the rule of law to be upheld.
  5. You provide a mechanism by which staff can identify regulatory concerns, and any finance-related concerns to any  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager.
  6. You operate an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints-handling procedures which consider an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints about the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body and any of its means a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees.

a strict direction for conduct that must be complied with.Specific Requirements

  1. You have at least one  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager who is a  a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer and have applied for/obtained the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC approval of any such individual.
  2. At least one  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager has experience and qualifications appropriate to the body’s profile.
  3. At least one  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager is a member of the senior management team.
  4. You provide at least one  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager with access to the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body’s means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..managers and staff and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC whenever necessary and their views are taken into account and the recommendations taken forward wherever possible.
  5. You specifically authorise at least one  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager to dissent from collective responsibility when reporting to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
  6. You ensure the at least one  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager is notified of any ‘the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ issue concerning any please see Material Interest and Beneficial Owner definitions.owner, or a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    ,

Business methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements

a strict direction for conduct that must be complied with.Specific requirements

  1. You have at least one a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    , authorised to provide each under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activity the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Bodydelivers.
  2. You do not employ any person disqualified from being employed by a the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body or any person who is not the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    .

means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager

PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles

  1. You understand the regulatory responsibilities of the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body.
  2. You act upon regulatory responsibility concerns raised by staff.
  3. You keep up- to-date with legislative and regulatory requirements through targeted Continuous Professional Development.
  4. You ensure a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    employed by the body are the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    .
  5. You report to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any governance concerns including when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence.

a strict direction for conduct that must be complied with.Specific Requirements – of the Individual

  1. You are an a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    in relation to one or more under the Code of Conduct this means that Authorised Persons must personally carry out or supervise the Reserved Legal Activity provided.reserved legal activity.
  2. You are a ‘the CLC requires that all:
    applicants
    authorised persons
    owners or managers of an Alternative Business Structure
    are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
    fit and proper
    ’ person and declare to the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any factors affecting this.

a strict direction for conduct that must be complied with.Specific Requirements – of responsibility

  1. You ensure the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body complies with the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements and any specify the reserved legal activities which a body is authorised by the CLC to provide.authorisationsspecify the non-reserved legal activities that a body is permitted to provide.permissions and conditions on its Certificate of Recognition, within 2 working days.promptly reporting any breach to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.
  2. You ensure a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
    a Licensed
    Conveyancer;
    a Solicitor;
    a Fellow of the Institute of Legal Executives.
    Authorised Person(s)/Parties
    are able to comply with their regulatory responsibilities, within 2 working days.promptly reporting to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any breach of this.
  3. You ensure that no as set out at s.111 of 2007 Act, a person who is not: 1. an Authorised Person in relation to an activity that constitutes a reserved legal activity 2. a registered foreign lawyer (within the meaning of s.89 of the 1990 Act) 3. a person entitled to pursue professional activities under a professional title to which the Directive applies, in a state to which the irective applies (other than the title of barrister or solicitor in England and Wales) 4. a body that provides professional services, such as provided by persons within (a) or lawyers of other jurisdictions, and all the Managers of which, and all the persons with an interest in which – (i) are within (a) to (c), or (ii) are bodies in which persons within (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.Non-Authorised Person (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee causes or substantially contributes to the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body or any of its (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees, breaching any regulatory responsibility, within 2 working days.promptly reporting to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC any failures to comply.
  4. You ensure you are informed within 2 working days.promptly of any circumstance identified under the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  Notification Code.
  5. You protect any money held or received for a Client by a CLC regulated person or body, incidental to the provision of legal services regulated by the CLC.client money and assets at all times.
  6. You provide administrative methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements to support the maintenance of high standard of work
  7. You ensure the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body complies with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s treatment of money requirements, within 2 working days.promptly reporting any breach of these.
  8. You ensure that proper records are maintained to evidence the a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body’s management and supervision methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and how they are applied
  9. You within 2 working days.promptly report to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC when the body is in financial distress or is at significant risk of becoming financially distressed.

Handbook – Other

Overview

The new regulatory regime is underpinned by the Handbook which sets out the regulatory responsibilities of all individuals and firms regulated by us.

the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Regulation and action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy

To view the printable PDF version, please click here.

Regulatory guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach

Introduction – as both an as defined at s.20 of the 2007 Act: the CLC, the Law Society, the General Council of the Bar, the Master of Faculties, the Institute of Legal Executives, the Chartered Institute of Patent Attorneys, the Institute of Trade Mark Attorneys, the Association of Law Costs Draftsmen, the Institute of Chartered Accountants in Scotland, the Association of Chartered Certified Accountants and any such other bodies as are authorised to regulate providers of Reserved Legal Activities.Approved Regulator and as defined at s.73 of the 2007 Act, an approved regulator which is designated as a licensing authority under Part 1 of Schedule 10 and whose licensing rules are approved to license and regulate Alternative Business StructuresLicensing Authority the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC must, so far as is reasonably practicable, act in a way which is compatible with the the regulatory objectives are set out in Part 1 of the 2007 Act: (a) protecting and promoting the public interest (b) supporting the constitutional principle of the rule of law (c) improving access to justice (d) protecting and promoting the interests of consumers (e) promoting competition in the provision of services* (f) encouraging an independent, strong, diverse and effective legal profession (g)increasing public understanding of the citizen’s legal rights and duties (h) promoting and maintaining adherence to the professional principles. * services provided by Authorised Personsregulatory objectives:

  1. protect and promote the public interest;
  2. support the constitutional an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principle of the rule of law;
  3. improve the recognition of, and response to, potential and actual, consumer needs. This may take the form of provision of a greater range of services and methods of accessing these services, lower prices, extended opening hours, accessibility, online provision, or other factors.access to justice;
  4. protect and promote the interests of consumers;
  5. promote competition in the provision of legal services;
  6. encourage an independent, strong, diverse and effective legal profession;
  7. increase public understanding of the citizen’s legal rights and duties;
  8. promote and maintain adherence to the professional an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles.

The key elements of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s promotion of these objectives are:

  • An delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes-focused and evidence and our regulatory approach is based on the assessment of the risk to delivery of positive Outcomes, which an applicant, or CLC regulated individual or body presents. This will inform the risk profile we hold on them, which in turn informs our regulatory relationship with them. Risk is measured in terms of a combination of the probability of a perceived threat or opportunity occurring and the extent of its impact in determining what (if any) action we will take.risk-based guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach to our work;
  • Working with the regulated community to maintain and improve high standards of professional behaviour;
  • Helping the regulated community to help themselves – helping to change behaviours through provision of advice, support and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance;
  • Applying our resources where they are needed most and resolving issues informally wherever possible/appropriate;
  • Enabling those we regulate to innovate and compete;
  • Anticipating potential regulatory problems and addressing or preventing them wherever possible.

This section explains what we are seeking to achieve as a regulator of legal services and how we seek to put the above into practice.

  1. Regulatory Aims
    1. 1          The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC has three key regulatory aims:
      • those we regulate deliver high standards of service to consumers and to the wider public;
      • there are high standards of conduct among those we regulate; and
      •  there is an effective and proportionate regulatory framework in operation.
    2. 2. To achieve these aims we must:
      • promote a wide, shared understanding amongst the regulated community of the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes we require them to deliver;
      • operate the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements which deliver the intended delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes;
      • ensure each member of the regulated community has the right people, systems, skills and knowledge to meet their regulatory responsibilities;
      • operate a regulatory guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach which is accountable, consistent, proportionate targeted, and transparent.
  1. The PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles of our Regulatory Philosophy
    1. 1          Accountable – we are accountable to a range of stakeholders, not least any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and the regulated community itself, and so we try our best to ensure our regulatory activities demonstrate accountability to all those with an interest in the way we regulate. To this end, our the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct sets out the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements seek to deliver to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients.
    2. 2          Consistent – all regulatory decisions are based on evidence applying the civil standard of proof (‘balance of probabilities’). We review our compliance monitoring guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach and the responses it generates to ensure they are consistently applied.
    3. 3          Proportionate – an issue which gives rise to, or is likely to give rise to, a risk to the delivery of the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes will be discussed with the individual/body. Their capacity and/or willingness to address the issue will help inform our response. Our response will be proportionate to the seriousness, circumstance and impact – actual or potential – of the risk to an individual any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client, any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients in general and the legal profession.
      2.3.1      We support those who alert us to their own regulatory failings. We provide support and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance where needed. As long as any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients are not at risk and the body/individual is addressing the failure(s) in a reasonable way we are less likely to take formal action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action.  Regulatory action will be considered for those who commit relatively minor regulatory breaches on a regular basis and who fail to respond to more informal resolution approaches.
      2.3.2      Whenever possible/appropriate we work informally with regulated entities to address any risks, but where serious issues are apparent or suspected, we will take formal action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action to safeguard the interests of the public and any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients.
    4. 4          Targeted – our our regulatory approach is based on the assessment of the risk to delivery of positive Outcomes, which an applicant, or CLC regulated individual or body presents. This will inform the risk profile we hold on them, which in turn informs our regulatory relationship with them. Risk is measured in terms of a combination of the probability of a perceived threat or opportunity occurring and the extent of its impact in determining what (if any) action we will take.risk-based guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach identifies those bodies/activities that pose the greatest risk to the delivery of the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes. This enables us to focus our attention and resources on those most likely to harm the interests of the public and legal services consumers.
      2.4.1      We believe in a right-touch, not light-touch, guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach to regulation. We maintain contact with all members of the regulated community, but seek to focus our resources on those demonstrating higher risks. Those who comply with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principles, who deliver the required delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes and engage positively with us will be left to get on with their business with minimum supervision.
    5. 5          Transparent – we make every effort to ensure that the regulated community and other stakeholders are kept informed about our regulatory philosophy; the aims and the requirements of the the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements; and any threats to their effective operation.
      2.5.1      We are continuously increasing the emphasis placed upon education and awareness-raising to help the regulated community to help themselves.
      2.5.2      The under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent will have the opportunity to make representationsprior to a determination being made. Where the need for action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action has been determined we will provide the relevant body and/or individual with clear reasons for the decision at the time the action is determined.
  1. Regulation in practice – how our regulatory philosophy is reflected in our work
    1. 1          a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence determination – we require all as determined by the particular context: 1. any person who intends to apply, or is currently applying, for registration as a CLC student or for a CLC Licence; 2. a body which intends to apply, or is currently applying, for registration as a CLC Recognised Body; a body which intends to apply, or is currently applying, for a Licensed Body (ABS) licence. Approved Person: under the Accounts Code this means: 3. an Authorised Person; or provided the CLC Body is in compliance with 9.1.4 of the Accounts Code, any other appropriately skilled, trained and competent person of integrity who has been authorised on Durable Medium by the CLC Body.applicants to provide us with a range of information so we are able to determine any risk presented to the delivery of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct’s delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes should we license the individual/body. The information provided will be verified to ensure the risk can be reliably calculated. This process will also include a formal interview for the new as determined by the particular context: 1. any person who intends to apply, or is currently applying, for registration as a CLC student or for a CLC Licence; 2. a body which intends to apply, or is currently applying, for registration as a CLC Recognised Body; 3. a body which intends to apply, or is currently applying, for a Licensed Body (ABS) licence. Approved Person: under the Accounts Code this means: 4. an Authorised Person; or provided the CLC Body is in compliance with 9.1.4 of the Accounts Code, any other appropriately skilled, trained and competent person of integrity who has been authorised on Durable Medium by the CLC Body.applicant.
      3.1.2      The information enables us to determine whether a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence should be granted, granted with conditions, or declined. where a risk is identified to the regulatory Outcomes, a condition is imposed on a Licence to eliminate that risk, or reduce it to an acceptable level.Licence conditions will be imposed where additional safeguards are needed to address a potential risk. Where the severity of the risk posed could not be countered through conditions, the a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence will be declined.
      3.1.3      We inspect all entities new to the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulation. An inspection may be carried out remotely or through a site visit, depending upon the nature of the entity and any risks identified in the initial analysis. All new entities are required to attend an Induction Day which provides an introduction to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s regulatory requirements alongside examples of good practice.
    2. 2          Risk Assessment – our regulatory relationship with a member of the regulated community is informed by an assessment of the risks they or their activities pose to the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct’s delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes. To be confident of our resource allocations we must identify and measure the capacity for, or, actual harm, and of the likelihood of an occurrence of actual harm, to these.  This includes consideration of factors such as:   
      • reliability of the evidence provided;
      • the body’s regulatory responsibility methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements  
      • seriousness of the act or omission and the likely impact on consumers, the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s regulated community and public confidence;
      • if the breach is/was deliberate or vexatious;
      • seriousness of the information provided and the likely impact on a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client, any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients in general, the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s regulated community and public confidence;
      • the body’s activities and/or any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client type;
      • Information about the entity’s finances;
      • foreign ownership (our scope for data verification may be limited in some instances);
      • past compliance performance;
      • risk-management systems, including anti-money laundering methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements;
      • management competence and inclination to address issues;
      • qualifications and experience of the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Legal Practice and the the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Finance and Administration;   
      • situation in which an individual or body has an interest, or a party they are representing has such an interest, sufficient to appear to influence the objective exercise of their regulatory responsibilities, in particular the separate duties to act in the best interests of two or more Clients in relation to the same or related matters.conflicts of interestmethods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements;
      • when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements;
      • an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints-handling methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements;
      • a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.recognised external accreditation.
      3.2.1      The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC regulatory risk register contains a range of information including the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC inspection findings; an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints; Accounting Reports information; negligence under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claims; and information from other stakeholders, such as lenders, police or any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients. Members of the regulated community are allocated an overall regulatory our regulatory approach is based on the assessment of the risk to delivery of positive Outcomes, which an applicant, or CLC regulated individual or body presents. This will inform the risk profile we hold on them, which in turn informs our regulatory relationship with them. Risk is measured in terms of a combination of the probability of a perceived threat or opportunity occurring and the extent of its impact in determining what (if any) action we will take.risk profile according to the information held. Those with a higher rating will have a more intensive regulatory relationship with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC than lower-risk entities.
    3. 3          Monitoring – we collect information to help us monitor how effectively our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements are operating. Much of this is obtained from regulated community returns. We analyse the information received and carry out a risk assessment of the data provided.
      3.3.1      We aim to keep information requirements to a pertinent but meaningful minimum e.g. we do not ask those we regulate to supply us with unnecessary information, or the same information twice. We are continuously determining the proportionality of the frequency/size of our information submission requests. Returns are simpler and quicker to complete through online submissions; as well as more timely, so we are able to respond more quickly to identified risks.
      3.3.2      When a potential risk is identified we will investigate. This may include an inspection, which may be carried out remotely or through a site visit. Our monthly monitoring reports check that an inspection has been justified and conducted impartially. We conduct an interview with the entity at the end of the inspection and provide a full written report identifying our findings and any improvements we recommend. Wherever possible, we provide support and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance to address the risks identified.
    4. 4          many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryGuidance, support and advice – we try our best to ensure that our many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance, support and advice provision is authoritative, appropriate and helpful as well as easy to access and understand.  We provide advice and toolkits on specific issues, as well as general many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance. Wherever possible/appropriate we will guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach an identified compliance issue with advice provision rather than regulatory or formal action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action.
      3.4.1      We obtain information from a range of sources, including the regulated community and economic and market-specific information. Where a thematic risk is identified we will tailor our many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance, advice, events and publication provision to help explain – and where possible, mitigate – any inherent or emerging risks which may affect or threaten the regulated community as a whole.
      3.4.2      Our ongoing commitment to education 1. their spouse or civil partner;
      2. their child or step-child (if under 18 years of age);
      3. the trustee of a settlement* under which they have a life interest in possession;
      4. an undertaking of which they are a Director;
      5. an employee;
      6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
      7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
      8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
      9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
      means
      we will provide more awareness-raising materials such as case studies, expected standards and best practice examples.

    action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; If a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Approach
    Introduction

    This section explains how the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC identifies and responds to non-compliance with its regulatory requirements – as identified in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct and other the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. It seeks to provide the regulated community and other stakeholders with many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance on examples of regulatory breaches, how the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC identifies these non-compliance issues and the framework within which it will respond to these. Its aim is to encourage appropriate conduct and deter inappropriate behaviour so that any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients receive the standard of legal services that they should reasonably expect to receive.

    The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct requires those we regulate to comply with its the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principles to:

    • act with independence and integrity;
    • maintain high standards of work;
    • act in the best interests of their any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients;
    • comply with your duty to the court;
    • deal with regulators and ombudsmen in an open and co-operative way;
    • promote equality of access and services

    in order that positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes are delivered, particularly for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Clients.

    The vast majority of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s regulated community act in a way which is consistent with these an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles.  However, where this is not the case, we will take action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement measures.

    We aim to deliver effective, fair and consistent our regulatory approach is based on the assessment of the risk to delivery of positive Outcomes, which an applicant, or CLC regulated individual or body presents. This will inform the risk profile we hold on them, which in turn informs our regulatory relationship with them. Risk is measured in terms of a combination of the probability of a perceived threat or opportunity occurring and the extent of its impact in determining what (if any) action we will take.risk-based regulation. Our guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach to action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcementwill be targeted particularly on those areas we judge to most threaten the the regulatory objectives are set out in Part 1 of the 2007 Act: (a) protecting and promoting the public interest (b) supporting the constitutional principle of the rule of law (c) improving access to justice (d) protecting and promoting the interests of consumers (e) promoting competition in the provision of services* (f) encouraging an independent, strong, diverse and effective legal profession (g)increasing public understanding of the citizen’s legal rights and duties (h) promoting and maintaining adherence to the professional principles. * services provided by Authorised Personsregulatory objectivesthrough the risk they pose to the delivery of positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes, particularly for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients.

    Depending upon the nature of the matter our guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach may be to seek informal resolution or may involve regulatory action.  The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will, wherever possible, try to achieve an informal resolution, to provide a more timely and satisfactory delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcome for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and saving both the resources of the licensee and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC. We will engage in dialogue with the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent, encouraging good practice through many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance and support.

    Where an informal guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach has been unsuccessful or is not judged appropriate because of the actual (or perceived risk of) detriment to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients, the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will initiate the disciplinary powers available.

    All action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement processes will be exercised in a way which is transparent, accountable, consistent, proportionate and targeted in keeping with the Regulator’s Compliance Code and the The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.Legal Services Act 2007.

  1. What is meant by action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement?
    1. 1          We must ensure the regulated community meets the needs of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients by complying with both the law and our regulatory requirements. Where they fail in these responsibilities we will hold them to account. Actions taken to encourage compliant behaviour or to punish non-compliance are known as action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcementaction taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement action will be based upon reliable evidence, clear standards and the ability to appeal action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement decisions. It is our aim that our action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach is helpful, open, accountable and transparent. Our action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement activities will be proportionate, consistent and targeted at cases where action is needed. This does not 1. their spouse or civil partner;
      2. their child or step-child (if under 18 years of age);
      3. the trustee of a settlement* under which they have a life interest in possession;
      4. an undertaking of which they are a Director;
      5. an employee;
      6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
      7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
      8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
      9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
      mean
      that less serious breaches will go unchecked, it 1. their spouse or civil partner;
      2. their child or step-child (if under 18 years of age);
      3. the trustee of a settlement* under which they have a life interest in possession;
      4. an undertaking of which they are a Director;
      5. an employee;
      6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
      7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
      8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
      9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
      means
      they will receive a proportionate response so that less serious breaches do not receive the same penalties as more serious or repeated breaches.
    2. 2          The action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement tool applied in a matter will be proportionate to the risks identified to the the regulatory objectives are set out in Part 1 of the 2007 Act: (a) protecting and promoting the public interest (b) supporting the constitutional principle of the rule of law (c) improving access to justice (d) protecting and promoting the interests of consumers (e) promoting competition in the provision of services* (f) encouraging an independent, strong, diverse and effective legal profession (g)increasing public understanding of the citizen’s legal rights and duties (h) promoting and maintaining adherence to the professional principles. * services provided by Authorised Personsregulatory objectives in the form of a threat to the delivery of the positive delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes identified in our the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct, due to non-compliance with our the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements.
    3. 3          Regulation and action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement will be proportionate and flexible enough to encourage economic progress within the regulated community. We will not seek to cause unnecessary expense to an individual; any penalty imposed will be fair.
    4. 4          Informal resolution is desirable to the regulated community, its any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC and its appropriateness to an issue will always be considered. We will check to see that any agreed course of action is implemented. We will usually seek to take this route before considering regulatory or disciplinary action. Where this is not appropriate – due to the immediate, serious and/or widespread nature of the issue – or it has not achieved the desired delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcome we will determine what further action is needed. We will be open to the individual/body providing fresh evidence not previously available, or to them proposing a compliance remedy.
    5. 5          We will assess the evidence applying the civil standard of proof (‘balance of probabilities) and in determining our response we will take account of the impact on a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clientany person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients in general and on the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent. The under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent will be afforded the opportunity to make representations.
    6. 6          We have a range of action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement tools at our disposal should an informal response not be appropriate. We will only exercise our disciplinary powers if the act or omission of a regulated body or individual was a serious breach. The seriousness of an act or omission will be judged on the impact, actual or potential, of the risk to delivery to the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct’s delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes.
    7. 7          Each of the following action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement tools may be used in isolation, simultaneously, or consecutively where the usage of one tool has not generated compliance (e.g. if a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence conditions are not complied with, other action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action may be used):
      4.7.1      Refer to an appropriate regulator – we are likely to refer the conduct of a means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee to the appropriate regulator where we have reason to believe that the individual’s behaviour is in breach of their regulatory responsibilities.
      4.7.2      Reprimand – we are likely to issue a reprimand when an act or omission needs particular attention drawn to it, with the intention that the behaviour of the individual/body is changed.
      4.7.3      where a risk is identified to the regulatory Outcomes, a condition is imposed on a Licence to eliminate that risk, or reduce it to an acceptable level.Licence Conditions – we are likely to require the entity to take a specific actions where an act, omission or an arrangement needs to be rectified. Where this requires expenditure we will take into account the operational costs of that body. We will make every effort to ensure the condition/direction is understood by the body.
      4.7.4

      a.    Financial penalties – we are likely to direct the payment of a fine (by the body and/or an individual concerned with it i.e. an (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee or please see Material Interest and Beneficial Owner definitions.owner) exceeding £50,000 only in serious circumstances. This will be used to penalise inappropriate behaviour demonstrated by a specific act or omission and to deter future non-compliance (by both the individual/body and others). The level of the penalty will take into account the size/resources of the body so it is proportionate whilst also at a level likely to give any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients and the public confidence that issues which cause them detriment are dealt with appropriately. Should a number of breaches be separately investigated we may determine it appropriate for a separate penalty to be imposed in each case.
      b.    We will not create a perverse incentive by providing details of the exact criteria/procedure which will be applied in setting the level of the fine. It will be determined on a case by case basis but we will always seek to ensure it is fair and proportionate and does not exceed the maximum levels (specified within this guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy).
      c.    We do not benefit financially from any penalties imposed. Fines received from  a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer or a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Bodies are paid into Her Majesty’s Treasury; those received from Licensed Bodies go into the Government’s Consolidated Fund.

      4.7.5      a person holds a material interest in a Licensed (ABS) Body if the Person*: (1) holds at least 10% or more shares in the body (or in a parent undertaking); (2) is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; (3) is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; (4) as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b) any of the person’s associates; or (c) the person and any of the person’s associates taken together.Material interest   conditions/objections/the procedure set out at Part 5 schedule 13 of the 2007 Act, by which the CLC may apply to the High Court for an order for sale of all, or some of the shares held by the holder of a material interest in a CLC Licensed Body who is not an authorised person.divestiture – where there are concerns that a a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest holder in an Alternative Business Structure licensed by the CLC.Licensed Body may be demonstrating when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.improper influence – i.e. an please see Material Interest and Beneficial Owner definitions.owner is influencing, or attempting to influence the decisions of a  an Alternative Business Structure licensed by the CLC.Licensed Body or the conduct of a person authorised by an Approved Regulator to carry on reserved legal activities e.g:
      a Licensed
      Conveyancer;
      a Solicitor;
      a Fellow of the Institute of Legal Executives.
      Authorised Person(s)/Parties
       in a way which would constitute a breach of their regulatory duties – we will take action. Where there are mild concerns this is likely to take the form of conditions; where the concerns are more serious we are likely to object to the interest and this may ultimately result in the procedure set out at Part 5 schedule 13 of the 2007 Act, by which the CLC may apply to the High Court for an order for sale of all, or some of the shares held by the holder of a material interest in a CLC Licensed Body who is not an authorised person.divestiture.
      4.7.6      Withdrawal of approval – we are likely to withdraw our approval of a an Alternative Business Structure licensed by the CLC.Licensed Body’s the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Legal Practice or the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Finance and Administration where the individual has become demonstrably inappropriate for the role e.g. an event has occurred which impacts upon their the CLC requires that all:
      applicants
      authorised persons
      owners or managers of an Alternative Business Structure
      are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
      fit and proper
      status or they repeatedly fail to meet their regulatory responsibilities.
      4.7.7      Disqualification – we are likely to disqualify an individual from a role within a an Alternative Business Structure licensed by the CLC.Licensed Body or a a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer from holding a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence only in exceptional circumstances and where the seriousness of the act or omission 1. their spouse or civil partner;
      2. their child or step-child (if under 18 years of age);
      3. the trustee of a settlement* under which they have a life interest in possession;
      4. an undertaking of which they are a Director;
      5. an employee;
      6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
      7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
      8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
      9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
      means
      that no other action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action is judged adequate to address it.
      4.7.8

      a.    a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence suspension or revocation – the decision to suspend or revoke a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence will not be taken lightly.  We will only use this measure where, due to the seriousness and/or persistence of the act or omission – or the body has changed its structure/provision methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements so it is no longer licensable – no other action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action is judged adequate to address the identified issue.
      b.    We will need to be satisfied that any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients’ interests are protected and this may include a/all any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).Client’s case being transferred to another firm. (Suspension is likely to lead to the enforced closure of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body unless the reason for the suspension is cured very quickly, in which case a legal process whereby an agent is appointed to organise the formal closure of the business.intervention and its case management processes will take place).
      c.    a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence suspension does not automatically 1. their spouse or civil partner;
      2. their child or step-child (if under 18 years of age);
      3. the trustee of a settlement* under which they have a life interest in possession;
      4. an undertaking of which they are a Director;
      5. an employee;
      6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
      7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
      8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
      9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
      mean
      a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence revocation. A a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence may be suspended because a significant threat to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients has been identified. Where this is found not to be the case or where we (or the First Tier Tribunal) are satisfied that a risk is no longer presented the a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence is unlikely to be revoked. Where this is the case, the body may be subject to a more intensive regulatory relationship in order that we are confident that the risks to any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients is minimised.

      4.7.9

      a.    a legal process whereby an agent is appointed to organise the formal closure of the business.Intervention – a legal process whereby an agent is appointed to organise the formal closure of the business.intervention is an extreme measure and will only be used where no other action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action is judged adequate to address the identified issue due to the seriousness and persistence of the act or omission or if the body’s viability is threatened or it becomes insolvent. As with all action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement actions, we will carefully assess the proportionality of the proposed response. We can revoke an a legal process whereby an agent is appointed to organise the formal closure of the business.intervention direction following the body’s request (but only where all relevant information corroborates that to do so would not cause a risk to the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct’s delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes).
      b.    Where a legal process whereby an agent is appointed to organise the formal closure of the business.intervention has been necessary the body’s a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence/certificate is automatically suspended.

    Suspension of a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence on a legal process whereby an agent is appointed to organise the formal closure of the business.intervention

    1. 8          The exercise by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC of its powers of a legal process whereby an agent is appointed to organise the formal closure of the business.intervention in respect of a the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body operates immediately to suspend the a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence of any a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer who is means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee of that Body.
    2. 9          At the time when it exercises the powers of a legal process whereby an agent is appointed to organise the formal closure of the business.intervention the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may direct that such power is not to apply in relation to a particular a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer (subject to such conditions, if any, as the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC sees fit to impose), but only if:
      4.9.1      (where that power of a legal process whereby an agent is appointed to organise the formal closure of the business.intervention is exercised because of a breach of the rules) the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is satisfied that:

      a.    the a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer did not fail to comply with the rules applicable to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body, or contribute to the failure by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body to comply with such rules; and
      b.    the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is satisfied that the a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer was not a means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body when the conduct providing the basis for the exercise of the power of a legal process whereby an agent is appointed to organise the formal closure of the business.intervention took place; and

      4.9.2      (where the power of a legal process whereby an agent is appointed to organise the formal closure of the business.intervention is exercised because of suspected dishonesty) the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC:

      a.    does not suspect the a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer of dishonesty; and
      b.    the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is satisfied that the a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer was not a means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body when the conduct providing the basis for the exercise of the powers of a legal process whereby an agent is appointed to organise the formal closure of the business.intervention is suspected of having taken place.
  1. Scope of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement Powers
    1. 1          We may take action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action against:
      • Bodies;
      • a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyers; and
      • please see Material Interest and Beneficial Owner definitions.Ownersmeans a person who is: 1. if the body is a company and its affairs are managed by members, a member; 2. if the body is a company and (a) does not apply, a director of the body; 3. if the body is a partnership, a partner; 4. if the body is a Limited Liability Partnership, an LLP member; 5. if the body is an unincorporated body (other than a partnership), a member of its governing body; and 6. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Managers and (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employees of the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Bodies.
    2. 2          In this guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy we use the term “under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent” and “the regulated community” to refer to any of those listed at 5.1
    3. 3          Information sources – information on possible breaches of regulatory responsibilities is obtained from a number of sources, including:
      • A body proactively admitting non-compliance by act or omission – all bodies we regulate must advise us if they are failing to comply with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements. We will support those who alert us to their failings. We are unlikely to take formal disciplinaryaction as long as any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients are not at risk and the entity is addressing the failures identified in a reasonable way;
      • Information from stakeholders, including an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints from any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients or information from lenders, police and findings of other regulatory or professional bodies etc;
      • Overall regulatory our regulatory approach is based on the assessment of the risk to delivery of positive Outcomes, which an applicant, or CLC regulated individual or body presents. This will inform the risk profile we hold on them, which in turn informs our regulatory relationship with them. Risk is measured in terms of a combination of the probability of a perceived threat or opportunity occurring and the extent of its impact in determining what (if any) action we will take.risk profile according to the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s risk register. The register holds a range of regulatory information including the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC inspection findings, an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints, Accounting Reports information and negligence under the Professional Indemnity Insurance Code and Operating Framework and Compensation Fund Operating Framework, unless otherwise stated, this means a request of payment due under the terms of a professional indemnity insurance policy (including the CLC’s Master Policy) or the CLC’s Compensation Fund.claims.
    4. 4          Regulatory breaches – The following are examples of allegations of breaches which may lead to action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement proceedings (this list is not exhaustive and is not ranked):
      • Persons no longer ‘the CLC requires that all:
        applicants
        authorised persons
        owners or managers of an Alternative Business Structure
        are able to demonstrate that they are suitable for the role for which they are applying, this includes a fit and proper test to determine their probity and financial history.
        fit and proper
        ;
      • Failures in governance methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements;
      • Fraud and dishonesty;
      • when a person – usually the owner – attempts to influence the decisions of the Licensed (ABS) Body, or the conduct of Authorised Persons in a way which would constitute a breach of licensing requirements and of regulatory duties.Improper influence;
      • Failure to comply with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements;
      • Ineffective an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints-handling procedures;
      • Failure to provide the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC with information, or provision of false, incomplete or misleading information;
      • Failure to pay any the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC annual fee or contribution.
    5. 5          Risk – We take a our regulatory approach is based on the assessment of the risk to delivery of positive Outcomes, which an applicant, or CLC regulated individual or body presents. This will inform the risk profile we hold on them, which in turn informs our regulatory relationship with them. Risk is measured in terms of a combination of the probability of a perceived threat or opportunity occurring and the extent of its impact in determining what (if any) action we will take.risk-based guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach to regulation.  That 1. their spouse or civil partner;
      2. their child or step-child (if under 18 years of age);
      3. the trustee of a settlement* under which they have a life interest in possession;
      4. an undertaking of which they are a Director;
      5. an employee;
      6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
      7. if ‘the person’ means an undertaking – a director, a subsidiary undertaking (or a director or employee of it);
      8.a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
      9.a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution); with 3% or more material interest. By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation.
      means
      that in determining what (if any) action to take when non-compliance is brought to our attention we will determine the impact that risk is likely to have on the the Principles that all individuals and bodies regulated by the CLC must comply with at all times in their delivery of legal services: 1. Act with independence and integrity 2. Maintain high standards of work 3. Act in the best interests of your Clients 4. Comply with your duty to the court 5. Deal with regulators and ombudsmen in an open and co-operative way 6. Promote equality of access and service.Overriding Principles and the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes they seek. We will take into account some or all of the following:
      • the seriousness of the act or omission and the likely or actual impact on an individual any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clientany person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients in general and the regulated community;
      • the intended delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcome for any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients in taking action compared with the impact of not taking action;
      • the effect the particular breach is likely to have on:
        • the reputation of the rest of the profession; and
        • public confidence in those services and on the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s  the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.Regulatory Arrangements;
      • the extent to which the act or omission is a one-off occurrence or is part of a series of similar matters or appears to be deliberate or vexatious;
      • the period of time over which the act or omission has occurred;
      • management competence and willingness to comply;
      • the existence of good systems for managing risks;
      • evidence of a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.recognised external accreditation;
      • whether the resource requirements needed are proportionate to achieving the desired results; and
      • any other matters that it appears appropriate to take into account.
    6. 6          Decision-making – action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement decisions taken by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will be informed by all available, relevant and reliable evidence, and will be based upon criteria published on our website. Decisions will be taken on the evidence applying the civil standard of proof (‘balance of probabilities’).   Account will be taken of the impact on any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients, the impact on the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent and the reliability of the available evidence. The under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent will be afforded the opportunity to reply; we will be open to the individual/body providing fresh evidence not previously available, or to them proposing a compliance remedy. action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement decisions made will be regularly and arrangements are in place to ensure processes are carried out in an orderly fashion.systematically scrutinised to ensure that criteria are being consistently applied.
    7. 7          Review/appeal of decisions – the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent may ask for any decision to be reviewed by the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel.  The under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent will also be entitled to appeal.  Depending on the nature of the decision made, and who makes it, the appeal may be heard by the the First Tier Tribunal with the possibility, in some cases, of appealing to the Upper Chamber on a point of law (see Table at 6.3.1). In the case of informal, regulatory or disciplinary action taken by the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC staff the matter will be referred to their line means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or another Director (with no prior involvement in the matter) who will review the decision.   Either the Respondent or the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may appeal against a determination made by the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel. All requests for appeal to the FTT must be made within 28 days of the determination, unless otherwise directed by the FTT.
    8. 8          Stay –the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel, may provide that an order or direction is not to have effect pending the hearing and determination of a review or an appeal taking into account the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s statutory duty to act in a way which is compatible with the the regulatory objectives are set out in Part 1 of the 2007 Act: (a) protecting and promoting the public interest (b) supporting the constitutional principle of the rule of law (c) improving access to justice (d) protecting and promoting the interests of consumers (e) promoting competition in the provision of services* (f) encouraging an independent, strong, diverse and effective legal profession (g)increasing public understanding of the citizen’s legal rights and duties (h) promoting and maintaining adherence to the professional principles. * services provided by Authorised Personsregulatory objectives (in particular those relating to the consumer interest and the public interest) and to have regard to the an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.
    9. 9          Decision-makers – all staff with delegated powers and all members of the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel receive training to ensure that decisions are made consistently and to assist in the determination of appropriate sanctions.  The Committees are made up of lay members and members of the regulated community.
    10. 10        Matters which may be excluded – Other than in exceptional circumstances, we do not generally investigate these issues:
      • Conduct which does not relate to the provision of legal services regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC;
      • Disputes between an employer and (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee;
      • Partnership disputes, unless the interests of any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients are adversely affected or there is a finding of a court or tribunal;
      • Non-payment of fees incurred in the course of providing services regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC, unless there is a judgment against the regulated person for non-payment relating to their legal practice;
      • Allegations from lending institutions of a failure to hand over deeds or papers to which the lender is entitled, unless the lender has already made a successful application to the court;
      • An isolated report of misconduct from a regulated person about a  a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer or the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body, unless there is an allegation of serious misconduct, or it is made on the instructions of a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client, or is made to protect the interests of an identifiable any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clientwho has an interest in the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcome;
      • Allegations of misconduct made more than twelve months after the alleged misconduct could reasonably have come to light;
      • Where there is a clear alternative legal remedy available which has not yet been pursued. Allegations of discrimination or dishonesty are not excluded.
  1. action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement Tools
    1. 1          action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement can take many forms. The framework for responding to issues of non-compliance varies, depending on the identified risk, from the informal to the application of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s statutory powers.
    2. 2          Informal/Regulatory Action guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; If a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Approach – delegated powers of the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC staff:
      action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement tool Authority Review of Decision
      An an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.Undertaking on terms agreed with the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to take or cease taking a particular action the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC staff:

      Legal Practice Inspector, the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Authorised Officer or other the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee of equivalent or senior position

      • Director of Operations
      • Director of guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy & Standards,

      or other the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee of equivalent or senior position (provided any review is not determined by an (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee who made the determination which is the subject of the review)

      Inspection or re-inspection
      Reminder of responsibilities
      Provision of information and advice
    3. 3          guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; If a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Approach using statutory powers in The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act and The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act6.3.1      The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may take a wide range of formal action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement proceedings and (depending on the nature of those proceedings) this may result in one or more of the following for the individual or body (this list is not exhaustive):
      action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement tool Statutory

      Authority

      Determination made by  Appeal determined by Further appeal on a point of law determined by
      a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence terminated The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.18(3) Lacks mental capacity No statutory provision
      a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence/
      certificate

      Revoked

      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.26(2)(a) the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  Adjudication  Panel First Tier Tribunal Upper Chamber
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.28 fraud or error the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  Adjudication  Panel First Tier Tribunal No statutory provision
      The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act s101 the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  Adjudication  Panel   First Tier Tribunal Upper Chamber
      a legal process whereby an agent is appointed to organise the formal closure of the business.Intervention Sch 5 The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act Any Director with the agreement of not less than one other member of the Senior Management Team  First Tier Tribunal Upper Chamber
      Para 10-12 of Sch 5 The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act First Tier Tribunal Upper Chamber
      Sch 14 The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act First Tier Tribunal Upper Chamber
      Disqualified from
      holding a
      a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence/ role
      s.26(2)(b) The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      s.99 The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      the procedure set out at Part 5 schedule 13 of the 2007 Act, by which the CLC may apply to the High Court for an order for sale of all, or some of the shares held by the holder of a material interest in a CLC Licensed Body who is not an authorised person.Divestiture of
      please see Material Interest and Beneficial Owner definitions.owner
      The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act Sch. 13, Part 5 the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence/
      Certificate
      suspended

      a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence/
      Certificate
      suspended

      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.18 immediate on bankruptcy No statutory provision
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.18 immediate on  a legal process whereby an agent is appointed to organise the formal closure of the business.intervention First Tier Tribunal Upper Chamber
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.24(5) the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.26(2)(c) the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC  established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel
      The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act s101
      • the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Adjudication
      • Panel
      First Tier Tribunal Upper Chamber
      Withdrawal of approval of the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP or the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA Para 11-12 sch 11 The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).Licence/
      Certificate 
      made subject to conditions
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act

      s.15(1)

      s.16(2)

      s.17(1)

      the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Staff:   the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Authorised Officer the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.26(2)(d)
      • the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Adjudication

      Panel

       First Tier Tribunal Upper Chamber
      The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act Sch. 11 (6) the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel  First Tier Tribunal Upper Chamber
      Payment of a penalty The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Acts.24A(1) and established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel Rules 2013 the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.26(2)(e) and established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel Rules 2013 the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel
      The Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities.2007 Act s. 95 the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier

      Tribunal

      Upper Chamber
      Reprimand The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Act s.26(2)(f) the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      Payment of the costs of preliminary investigation (to include the costs of any inspection) incurred by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Acts.24A(2) the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel First Tier Tribunal Upper Chamber
      The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate Licensed Conveyancers.1985 Acts.26(2A) the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel

Abbreviations

the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP – the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Legal Practice; the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA – Head of Finance & Administration

  1.  action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement Process
    1. 1          Informal guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.approach – staff investigation and advice: in the event of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC becoming aware that a member of its regulated community may have failed to comply with our standards, we shall carry out an informal inquiry to enable us to decide whether there is a case that requires further investigation. If we are satisfied there is not an issue, no action will be taken. If there is judged to be an issue, but it is less serious, then we will take informal action and offer advice, support and many of our regulatory Codes are underpinned by guidance which identify considerations to be borne in mind when seeking to deliver the identified outcomes; the guidance provided is not mandatoryguidance to help address the issue.
    2. 2          Regulatory action – staff delegated powers: if we are satisfied further investigation is required, the support offered has not been accepted, or the individual/body commits relatively minor breaches on a regular basis and fails to respond to our informal resolution approaches, we shall consider whether it is likely that the case can be resolved by regulatory action. We may direct the a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer or the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC Body to provide information to assure us that their regulatory requirements are being complied with. This may be in a written report, or may require the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent to attend the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s offices to explain how the issues identified will be resolved and the steps needed to enure they do not recur.
    3. 3          Dependent on the circumstances of the individual case, we may take the view that the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.Outcomes can best be delivered by agreeing with the regulated person the terms of an an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking to provide information, to take specific action, or to cease taking a specific action. Failure to comply with the an unequivocal declaration of intention, addressed to someone who reasonably places reliance upon it. It need not be in writing, nor contain the word “undertake”, to be enforceable.undertaking will in itself be a breach of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC’s the sum of Codes, Guidance, Frameworks and Policies, which set out the responsibilities of the Regulated Community and our approach to regulation.regulatory arrangements, which will lead to an investigation, and possibly disciplinary proceedings.
    4. 4          Disciplinary action – established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel hearing: disciplinary proceedings may be initiated where steps taken under paragraphs 7.1 – 7.3 have failed to achieve the intended delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcome, or it is not appropriate because of the actual or likely impact on a any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).client, or any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed Conveyancer or Body acts in the provision of Regulated Activities (and may also include a person who may seek the provision of Regulated Activities).clients, or because of the serious nature of the issue. Decisions will be informed by all available, relevant and reliable evidence. Decisions will be based on the application of published guidelines or criteria set out in the action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.Enforcement guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy. The under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent will be afforded the opportunity to make oral and/or written representations to the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel.
    5. 5          The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC may:
      • require a regulated entity to provide specific information
      • authorise an inspection of a body
      • refer the matter to the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel
    6. 6          [removed]
    7. 7          The established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel will decide which of the following options is appropriate to the case:
      1. to dismiss the allegation;
      2. to hear and determine the allegation
      3. (removed)
    8. 8          (removed)
    9. 9          (removed)In the case of an individual a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer or a a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body, a preliminary investigation has determined that the allegation should be referred for hearing and determination, and after considering the evidence and submissions made by the Parties, the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel (with a quorum of three) may make one or more of the following orders.

      7.9.1a a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer:

      • Revoke the a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence of a  a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer
      • Disqualify a a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer from holding a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence (either permanently or for a specified period)
      • Suspend a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence
      • Direct the issue of a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence subject to conditions it may specify
      • Direct the payment of a fine which is fair and proportionate, and does not exceed £50 million
      • Reprimand the a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer

      a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.Recognised Body or the sole Manager of a CLC Recognised Body.sole practitioner practice regulated by the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC

      • Revoke the recognition of the entity
      • Direct the payment of a fine which is fair and proportionate, and does not exceed £250 million
      • Reprimand the entity
      • Direct the issue of a a certificate issued by the CLC to a body corporate recognising it as a Recognised Body – under s.32 of the 1985 Act – suitable to undertake the provision of Regulated Services authorized by the CLC.certificate of recognition subject to conditions it may specify

      means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee who is not a a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.CLC Lawyer

      • Direct the payment of fine which is fair and proportionate, not exceeding £50 million
      • Require the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to take such steps as it may specify in relation to the  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee
      • Require the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to refer to an appropriate regulator any matter relating to the conduct of the  means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer.Manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee

      7.9.2      The established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel may direct the payment of costs by any party to proceedings including the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC.  Such costs may include the costs incurred in a preliminary investigation.

      7.9.3      A under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent may appeal to the  First Tier Tribunal against a decision of the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel which may make such order as it thinks fit.

      7.9.4      [removed]

      7.9.5      In the case of Licensed ABS Body, or an (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee or means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager within, or please see Material Interest and Beneficial Owner definitions.owner, of the Licensed ABS Body, the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel (with a quorum of 3)may make one or more of the following orders:

      an Alternative Business Structure licensed by the CLC.Licensed Body:

      • Reprimand the body
      • Direct the issue of a a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence subject to conditions it may specify
      • Direct the payment of afine which is fair and proportionate, not exceeding £250 million
      • Suspend the a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence of the body
      • Revoke the a licence to practise as a Licensed Conveyancer issued by the CLC under Part II of the 1985 Act (and includes where the context permits a conveyancing licence, a probate licence, a litigation licence and an advocacy licence).IExpY2VuY2UgQXV0aG9yaXNhdGlvbnMsIENvbmRpdGlvbnMsIFBlcm1pc3Npb25zIGFuZCBUZXJtczogplease see authorisations, conditions, permissions and terms.licence of the body
      • Intervene

      an Alternative Business Structure licensed by the CLC.Licensed Body please see Material Interest and Beneficial Owner definitions.owner:

      • Place conditions on the please see Material Interest and Beneficial Owner definitions.owner’s a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest
      • Object to the please see Material Interest and Beneficial Owner definitions.owner’s a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest, and initiate the applicationto the High Court to divest the please see Material Interest and Beneficial Owner definitions.owner of their a person holds a material interest in a Licensed (ABS) Body if the Person*: 1.holds at least 10% or more shares in the body (or in a parent undertaking); 2. is someone able to exercise significant influence over the management of the body (or a parent undertaking) due to their entitlement to exercise, or control the exercise of voting rights; 3. is entitled to exercise or control the exercise, of voting powers in the body (or a parent undertaking), which, if it consists of voting rights, constitutes at least 10% or more of the voting rights; 4. as a partner having at least 10% interest in the capital or profits of the partnership; and includes any ultimately beneficial owner of more than 10%.’The Person’ means: (a) the person; (b)any of the person’s associates; or (c) the person and any of the person’s associates taken together.material interest
      • Direct the payment of a fine which is fair and proportionate, not exceeding £50 million

      the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.Head of Legal Practice (the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP) or Head of Finance & Administration (the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA):

      • Require the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to take such steps as it may specify in relation to the the officer in a Licensed Body (ABS) designated responsible for the body complying with its responsibilities as set out in our regulatory arrangements; the individual must be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoLP or the officer in a Licensed Body (ABS) designated responsible for the body complying with their accounts responsibilities as set out in our Regulatory Arrangements; the individual does not have to be an Authorised Person; it is preferable, though not mandatory, for the individual to be a Manager.HoFA
      • Direct the payment of a fine which is fair and proportionate, not exceeding £50 million
      • Withdraw approval of the individual for the role
      • Disqualify the individual from a role within a an Alternative Business Structure licensed by the CLC.Licensed Body

      means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee:

      • Direct the payment of a fine which is fair and proportionate fine, not exceeding £50 million
      • Require the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to take such steps as it may specify in relation to the means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee
      • Require the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC to refer to an appropriate regulator any matter relating to the conduct of the means a person who is: a. if the body is a company and its affairs are managed by members, a member; b. if the body is a company and (a) does not apply, a director of the body; c. if the body is a partnership, a partner; d. if the body is a Limited Liability Partnership, an LLP member; e. if the body is an unincorporated body (other than a partnership), a member of its governing body; and f. a licensed conveyancer if sub-paragraphs (a)-(e) do not apply and the affairs of the body are not managed by another licensed conveyancer..manager or (depending on the context) an individual employed by a CLC body, by an entity regulated by another legal regulator or by a local authority or other employer.employee
      • Disqualify the individual from a role in the an Alternative Business Structure licensed by the CLC.Licensed Body.

      7.9.6      Any determination made by the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel may be appealed to the First Tier Tribunal.  The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC or the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent may appeal  to the First Tier Tribunal against a determination of the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel and then to the Upper Chamber on a point of law.

  1. Publication
    1. 1          Publication of investigation delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes – the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will publish the statistics mapping the delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcome of investigations so that the levels of compliance in the regulated community can be understood.
    2. 2          Publication of determinations – publishing the determinations of the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel  acts as an incentive for the regulated community to positively apply the professional an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles outlined in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct. It also provides the public with confidence that the regulatory activities of the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC are responsive and proportionate.
    3. 3          We will publish details of any disciplinary determination made by the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel including the name of the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent. Whether or not an application has been made, the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel may direct the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC not to name the under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent in any notice of hearing or determination if in its opinion, to do so would:
      1. prejudice legal proceedings or regulatory or disciplinary investigations;
      2. risk breaching a person’s rights under Article 8 of the European Convention on Human Rights, or
      3. not be just.

      Unless otherwise directed by the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel, any disciplinary determination made against an individual or firm, will remain listed on the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC website for the duration of any suspension, disqualification, or other sanction, subject to a minimum of 2 years from the date of publication.  The under the Enforcement Policy this means a CLC regulated individual or body in respect of which a misconduct allegation has been made, or a potential compliance breach identified.respondent may ask the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC not to include their name in any disciplinary determination which is published where the case against them has been dismissed. In exceptional circumstances we may publish details of the progress of an investigation which has given rise to significant public concern.

    4. 4         The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC is a data controller under the EU General Data Protection Regulations (GDPR) and the Data Protection Act 2018 and must comply with all relevant information handling obligations.
  1. Equalities Considerations
    1. 1          It is our intention that the application of this policy is fair and equitable and does not disadvantage anyone because of their age, disability, gender reassignment, marital and civil partnership status, pregnancy and maternity, race, religion or faith, sex or sexual orientation. Members of the regulated community subject to the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action are asked to advise the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC of any a strict direction for conduct that must be complied with.specific requirements they have which need to be taken into consideration. These will be accommodated as far as is reasonably practicable and on a case-by-case basis.
    2. 2          The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will monitor its action taken by the CLC in response to a CLC regulated individual, or body, acting in breach of their/its regulatory responsibilities.enforcement action to ensure there is no disproportionate impact on any sections of the regulated community.
  1. guidance documents sometimes provide a possible route to the positive outcomes sought, but importantly are not the only route; if a member of the regulated community is able to generate the same or better outcomes another way they are encouraged to do so.Policy Consultation, Review & Evaluation
    1. 1 The the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC will carry out an investigation in accordance with its an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaints policy into any an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.complaint received from an individual or body about the way in which the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC has exercised its functions in relation to that individual or body (except where a referral is or has been made to the established 1. in relation to make determinations relating to Licensed Bodies and relating to Owners, Managers and Employees of Licensed Bodies; 2. to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer, save for those appeals which are reserved to the Discipline and Appeals Committee; 3. to determine allegations of misconduct referred to it.Adjudication Panel due to the options of review/appeal applicable).
    2. 2        This policy came into effect in October 2011 and has been reviewed in July 2013.  We shall consult with stakeholders to evaluate its effectiveness within 2 years of its initial application. Where the policy is failing to generate the relevant delivery of a positive result for Clients; it is the end result of the application of a principle or specific requirement the CLC’s Regulatory Arrangements are focused upon these Outcomes, which everyone who we regulate must deliver.outcomes – identified in the the parent document of our regulatory arrangements, outlining the Overriding Principles that the regulated community must comply with and the Outcomes which they must deliver.Code of Conduct it will be amended as appropriate. In the meantime, we welcome any feedback on the policy’s content, implementation and effectiveness.
    3. 3        This policy is available for reference and downloading from the the Council for Licensed Conveyancers established under s.12 of the 1985 Act.CLC website. A copy of the policy will be available to all those involved in disciplinary enquiries and proceedings

BACK TO TOP