Handbook

Overview

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

The previous 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 have been replaced with Codes which, wherever possible, are comprised of flexible, higher-level an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles rather than detailed prescriptive requirements.

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 CLC’s 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. Non-mandatory 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, which accompanies many of the Codes, can be viewed in 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 booklet.

Handbook – 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:

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 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 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 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 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 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:

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 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 CLC Handbook for your reference. The remaining frameworks are available to view on the 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 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 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 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 CLC can still take action in respect of any breach of the 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 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 was 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 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 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. Your main driver should be the delivery of 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. The Code comprises 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, which taken together 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, particularly in relation to 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 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 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;
  2. Maintain high standards of work;
  3. 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;
  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.

These are underpinned by an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.principles of behaviour which must be demonstrated and a strict direction for conduct that must be complied with.specific requirements which must be complied with in order that 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 supported.

Disciplinary proceedings may be taken against you if the 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 CLC’s response will be informed by the 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 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.

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
1. Act with independence and integrity

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 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:

PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles 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 requires you to act in a principled way:

  1. You do not allow your independence to be compromised.
  2. You act honestly, professionally and decently.
  3. 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.
  4. 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.
  5. You do not give false or misleading information relating to the provision of 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.
  6. You do not allow fee methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements to prejudice your independence or professional judgement.
  7. You do not conduct business under a misleading name.
  8. You 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.
  9. You do not publicise your business through unsolicited 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 in person or by telephone.
  10. Your advertising is clear, accurate and fair.
  11. You 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 entirely separate from your money or the money of the entity.
  12. You do not take unfair advantage of any person, whether or not 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.

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

  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. When acting as a CLC licensee, you accept instructions only to act in a matter which is regulated by the CLC.
  3. All business 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, websites and office premises display information confirming the entity is regulated by the CLC and the practice 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 number.
  4. You display the CLC secure badge in a prominent place on your website.
  5. You provide Cost Information 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.

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. Maintain high standards of work

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

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).Client matters are dealt with using care, skill and diligence

2.3 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.

PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles 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 requires you to act in a principled way:

  1. You provide the level of service appropriate for, and 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. You keep your skills and legal knowledge up-to-date.
  3. You ensure all individuals within the entity are competent to do their work.
  4. 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.
  5. 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.
  6. 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.
  7. You promote ethical practice and compliance with regulatory requirements.
  8. You enable staff to raise concerns which are acted on appropriately.
  9. 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.
  10. You administer oaths, affirmations and declarations properly.
  11. You deliver services 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.

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

  1. Control of an entity is from a permanent fixed address in England or Wales.
  2. 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.
  3. 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.
  4. You maintain proper records to evidence your 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 and how they are applied.

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. 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

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 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 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;

3.2 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;

3.3 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 information they need to make informed decisions;

3.4 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 referral methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and that they are consistent with your responsibilities both to them and to the CLC;

3.5 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 are aware of any limitation or any condition resulting from your relationship with another party;

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

PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles 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 requires you to act in a principled way.

  1. You only accept instructions and act in relation to matters which are within your professional competence.
  2. You keep the 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 paramount (except as required by the law or the 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).
  3. 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 interests for you to do so.
  4. 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.
  5. 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 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 disclosures you make.
  6. 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.
  7. You cease acting in a matter 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 so instructs or, in the absence of such instructions where it is reasonable to do so.
  8. You 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 information which is accurate, useful and appropriate to the particular any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed 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.
  9. 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 CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance in force.
  10. You 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 all relevant information relating to any fee methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements or fee changes.
  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 of the name and status of the person dealing with their matter and the name of the person responsible for overall supervision.
  12. 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.
  13. 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.

a strict direction for conduct that must be complied with.Specific Requirements- you must also comply with the following a strict direction for conduct that must be complied with.specific requirements:

  1. 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.
  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 have ceased to practice by purchasing the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance for a minimum 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 provided by 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 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 CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance or the 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. Before or when accepting instructions, you inform any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed 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 writing of the terms on which the instructions are accepted, a complete, accurate 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 to be charged and if and when they are likely to change.
  6. 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.
  7. With the exception of 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, you do not delay completion because fees are outstanding to you.
  8. You discuss and agree 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 how costs will be paid, whether directly 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, by public funding, through an insurance policy or otherwise.

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. Comply with your duty to the court

Note: this an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle will only be applicable if the CLC’s application to regulate advocacy and litigation services is successful

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 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:

PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles 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 requires you to act in a principled way:

  1. You promote and 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 best interests.
  2. You do not compromise your professional standards or independence.
  3. You assist the court in the administration of justice.
  4. You do not knowingly or recklessly mislead or deceive the court, or allow the court to be misled.
  5. You ensure that the Court is informed of all relevant decisions and legislative provisions (whether this has a favourable or unfavourable effect on the case you are advancing).
  6. You comply with any Court Order (unless an application for a stay is pending or the Order has been revoked by the Court).
  7. 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 to comply with Court Orders and of the consequences of failing to do so.
  8. You properly protect sensitive evidence.
  9. You safeguard the well being of children and other vulnerable persons.

a strict direction for conduct that must be complied with.Specific Requirement you must also comply with the following a strict direction for conduct that must be complied with.specific requirement:

  1. You ensure that the court is made aware of any relevant legal or factual matters which are likely to have a material effect on 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 the proceedings.

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. Deal with regulators and ombudsmen in an open and co-operative way.

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 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.Outcome:

5.1 You act in accordance with your regulatory responsibilities.

PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles 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 requires you to act in a principled way:

  1. You are open and honest in your dealings with us.
  2. You comply with the 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 and the CLC’s 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.
  3. You comply within 2 working days.promptly and fully with a CLC direction or request.
  4. You comply 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. You co-operate with any CLC investigation.
  6. You co-operate with any the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman investigation.
  7. You comply within 2 working days.promptly and fully with any the official (office) whose role is to investigate customer complaints against legal service providers.Legal Ombudsman Order.
  8. You co-operate with other regulators and ombudsmen.

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

  1. You make 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 contribution determined by the CLC.
  2. 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 this 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.
  3. 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 CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance.
  4. You within 2 working days.promptly notify the 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.
  5. As a CLC licensee operating in an entity regulated by another regulator you must comply with that regulator’s regulations at all times in a way which is reasonably consistent with this Code.
  6. You obtain permission from the CLC before offering Reserved legal activities:
  7. You notify the CLC of any material breach of this Code, whether by you, the entity or any other person.
  8. You notify the CLC of a change as set out in the CLC’s Notification Code.

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
6. Promote equality of access and 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.Outcomes 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 feels discriminated against (whether directly or indirectly), victimised or harassed;2

6.3 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;

6.4 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;

6.5 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.

PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles 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 requires you to act in a principled way:

  1. You comply with 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 a substantial 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 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.
  5. 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.
  6. 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.
  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 fairly and within 28 days.
  8. You identify and address systemic an oral or written expression of dissatisfaction, which alleges that the complainant has suffered (or may suffer) financial loss, distress, inconvenience or detriment.Client Complaints issues.

a strict direction for conduct that must be complied with.Specific Requirements you must also comply with the following a strict direction for conduct that must be complied with.specific requirements.

  1. Any allegation of (direct or indirect) discrimination, victimisation and harassment is investigated thoroughly, resulting, where appropriate, in disciplinary action.
  2. 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 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. You also make this information 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.
  3. 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 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. You also make this information 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.
  4. 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.

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.

Anti-Money Laundering & Combating Terrorist Financing Code

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In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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.Outcome:

Combating Money Laundering (AML) and Terrorist Financing (CTF) helps you deliver this 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 and act in a principled way:
1.    Act with independence and integrity. (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 1)
2.    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. (CoC 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 1m)
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. (CoC 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 2f)
4.    You promote ethical practice and compliance with regulatory requirements. (CoC 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 2g)
5.    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. (CoC 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 2i)
You must also comply with the following a strict direction for conduct that must be complied with.specific requirements:
6.     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.
7.     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.
8.    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.
9.      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:-

(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 Beneficial please see Material Interest and Beneficial Owner definitions.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.

10.      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.

11.    You:

11.1    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, 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;
11.2    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

11.3    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;
11.4    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).

12.    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.

Should you require information on how to meet your responsibilities under this Code, please see the 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.

  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 CLC a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.Lawyercw== 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 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 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 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 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 CLC may at any time request information which must be delivered at the time and place and in the format requested by the CLC.
    5. The 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 CLC Practice will provide written permission to facilitate the provision of this information.
    6. CLC Practices 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 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 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 Office Account may only be used for the provision of services regulated by the 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 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 CLC Practice incidental to the provision of legal services regulated by the 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 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.
    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 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.
    4. 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 Without Delay.
    5. 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.
    6. 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.
    7. The 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 Office Money.
    8. 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 Without Delay.
    9. The CLC Practice must advise the CLC 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 Office Account Without Delay.
    10. 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 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 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 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 CLC Practice for money paid out of the 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 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 CLC Practice has:
      1. established the identity of the 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 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 CLC Practice may pay any Aged Balance not exceeding £50 to a nominated charity, to the Office Account, or to the CLC.
    6. The CLC Practice remains liable to repay monies due to the Rightful Recipient unless they have been paid to the CLC, in which case the CLC is liable to pay monies due.
    7. Any withdrawal of an Aged Balance exceeding £50 must be authorised by and paid to the CLC. The 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 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 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 Office Money transactions, with sufficient narrative to explain their purpose
      2. the indebtedness of the 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 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 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 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 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. Accountant’s Report

      CLC Practice responsibilities

    1. The CLC Practice must procure the delivery by the Reporting Accountant to the CLC of an Accountant’s Report if at any time during an Accounting Period the 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 Accountant’s Report must be delivered by the Reporting Accountant to the CLC within 6 months of the end of the Accounting Period.
    3. The CLC Practice must immediately notify the CLC of any changes to the identity, address or any other relevant details of the Reporting Accountant.
    4. The CLC Practice must supply the Reporting Accountant with any and all records and explanations required to exercise their duties.
    5. The CLC Practice must apply to the CLC for consent to vary the Accounting Period.
    6. Reporting Accountant eligibility

    7. The 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 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 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 Accounting Period to which the Accountant’s Report relates and the signing of the 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 CLC Practice to which the Accountant’s Report relates, or were employed by the same employer as the Authorised Person for whom the Accountant’s Report is given, or
      3. the CLC has disqualified the accountant from completing, signing and delivering an Accountant’s Report because it is satisfied that the accountant:
        1. has failed to exercise due care and skill in the preparation of an Accountant’s Report, or
        2. has an actual or reasonably apparent conflict of interest.
    9. Reporting Accountant responsibilities

    10. The 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 Accountant’s Report in the form required by the CLC with any supporting schedules to the CLC with a copy to the CLC Practice
      3. report directly and immediately to the CLC without prior reference to the 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 CLC if their appointment is terminated after:
        1. the issue of, or indication of the intention to issue, a qualified Accountant’s Report
        2. concerns are raised with the 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 Accountant’s Report, and to provide the CLC with a copy on request.
      6. on request, provide the CLC any further relevant information relating to the compilation of the Accountant’s Report.
    11. By accepting the engagement the Reporting Accountant agrees that:
      1. the CLC will rely upon the content of the Accountant’s Report
      2. a duty of care is owed by the Reporting Accountant to the CLC
      3. the Reporting Accountant’s liability to the CLC will be limited to the loss and costs suffered by the CLC arising from items the Reporting Accountant has negligently or fraudulently failed to identify and specify in the Accountant’s Report
      4. to the extent necessary to enable the Reporting Accountant to comply with the paragraphs 6.9(a)-(c), the CLC Practice waives its rights of confidentiality. The waiver extends to any report made, documents produced or information disclosed to the CLC in good faith and in accordance with these instructions, even though it may subsequently transpire that the 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 CLC Practice approved by the 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 TPMA provider.
    2. Any application to the CLC to use a named TPMA provider must include such information and documentation as the CLC requires.
    3. Use of a TPMA must not result in the 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 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 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 CLC Practice.

Should you require information on how to meet your responsibilities under this Code, please see the 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 .

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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 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:

Effective 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 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.  Promote equality of access and service. (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 6)
  3.  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. (CoC P6d)
  4.  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. (CoC P6e)
  5.  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. (CoC P6f)
  6. 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. (CoC P6g)
  7. 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. (CoC P6h)
  8. 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
    .
  9. 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.
  10. Where redress offers are accepted, these are actioned within 28 days.
  11. 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.

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

  1. 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. (CoC P6j)
  2. 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.  (CoC P6k)

14.      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. (CoC P6k)

15.      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.

16.      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.

17.      The response includes:

18.      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 information about how to meet your responsibilities under this Code, please see the 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 

Conflicts of Interest Code

To view the printable PDF version, please click here.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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:

The prevention, detection and mitigation of conflicts of interests help 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 act in a principled way:

  1.  Act with Independence and Integrity. (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 1)
  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 the 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 paramount (except as required by the law or the 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). (CoC P3b)
  4.  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. (CoC 3c)
  5.  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. (CoC P3d)

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

  1.  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. (CoC P3n)
  2.  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.
  3.  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.
  4.  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.
  5.  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).
  6.  As an exception to requirement 6, and provided no 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 CLC’s Conflicts 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 CLC; all individuals and bodies regulated by the 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:

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 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 CLC – in such form as the CLC may from time to time prescribe – whether or not you have complied with the CLC’s requirements for continuing professional development as they apply to you.
  4.  You keep an up-to-date training record. You provide the CLC with this record upon its request.
  5.  You attend, and pay to attend, a specific course that the 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.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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. In the context of this Code 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 refers to the party on the other side of a transaction.

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:

Demonstrating probity in your dealings 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 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 third parties 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 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 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. (CoC P1c)
  4.  You do not take unfair advantage of any person, whether or not 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. (CoC P1l)
  5.  You promote ethical practice and compliance with regulatory requirements. (CoC P2g)
  6.  You keep the 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 paramount (except as required by the law or the 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). (CoC P3b)

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

  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.2007 Act).
  2.  You report to the 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 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.

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 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 information on how to meet your responsibilities under this Code, please see the 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) 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.

Disclosure of Profits and Advantage Code

To view the printable PDF, please click here.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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:

Transparent referral methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements help 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 act in a principled way:

  1.  Act with independence and integrity. (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 1)
  2.  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)
  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. (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)
  4.  You do not allow your independence to be compromised. (CoC P1a)
  5.  You act honestly, professionally and decently. (CoC P1b)
  6.  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. (CoC P1c)
  7.  You promote ethical practice and compliance with regulatory requirements. (CoC P2g)
  8.  You keep the 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 paramount (except as required by the law or the 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). (CoC P3b)
  9.  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. (CoC P3f)
  10.  You 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 all relevant information relating to any fee methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements or fee changes. (CoC P3j)
  11.  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. (CoC P3n)
  12.  Where you enter into an arrangement, including any fee sharing agreement, with an introducer, the agreement is in writing.
  13.  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 identified at the outset of this Code.
  14. 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.
  15.  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.
  16.  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.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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:

Accessible employment and business methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements help 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.  Promote Equality of Access & Service. (an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 6)
  2.  You comply with relevant the Equality Act 2010 and any other relevant legislation such as the Human Rights Act 1998.Equalities legislation. (CoC P6a)
  3.  You make reasonable adjustments to prevent persons with disabilities from being placed at disadvantage. (CoC P6b)
  4.  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)
  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. (CoC P6d)

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

  1.  Any allegation of (direct or indirect) discrimination, victimisation and harassment is investigated thoroughly, resulting, where appropriate in disciplinary action. (CoC P6i)

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 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.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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:

Providing 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 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 to act in a principled way:

  1.  Act with independence and integrity. (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 1)
  2.  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)
  3.  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
  4.  You act honestly, professionally and decently. (CoC P1b)
  5. You do not give false or misleading information relating to the provision of 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. (CoC P1e)
  6. 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. (CoC P3m)
  7.  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. (CoC P3n)

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:-
    8.1     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;
    8.2     the basis on which fees for abortive work will be payable;
    8.3     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);
    8.4     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;
    8.5     where the total sum payable as estimated under paragraph 8.3 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;
    8.6     in respect of paragraphs 8.3 and 8.4:
    8.6.1     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;
    8.6.2     unless separately specified, the estimate of proposed fees payable to the body will be deemed to include fees for:-

    8.6.3     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 8 is likely to be exceeded or that the relevant information has become available, as soon as practicable you:-
  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 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:-
    13.1     your name, address, telephone and other contact details;
    13.2     if not included in paragraph 13.1, 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;
    13.3     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;
    13.4     if the matter is to be conducted by a team, the identity of that team and the name of its leader(s);
    13.5     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.

    13.6 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;
    13.7     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).
    13.8     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”).
    13.9     Information about the staff mix, their experience and qualifications and the information contained in paragraphs 13.5-13.8 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.
    13.10 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 information on how to meet your responsibilities under this Code, please see the CLC’s Estimates 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.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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:

Appropriate management and supervision methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements help 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 require 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.  You ensure all individuals within the entity are competent to do their work. (CoC P2c)
  3.  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. (CoC P2d)
  4.  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. (CoC P2f)
  5.  You promote ethical practice and compliance with regulatory requirements. (CoC P2g)
  6.  You enable staff to raise concerns which are acted on appropriately. (CoC P2h)
  7.  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. (CoC P2i)
  8.  You maintain proper records to evidence your methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements and how they are applied. (CoC P2o)
    You must also comply with the following a strict direction for conduct that must be complied with.specific requirements:
  9.  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. (CoC P2m)
  10. 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. (CoC P2n)
  11.  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 this Code’s [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.  (CoC P5j)

Should you require information on how to meet your responsibilities under this Code, please see the 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.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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.Outcome:

Making sure both you and the CLC are aware of any notifiable changes helps you identify any potential threats to the delivery of all 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 as well as 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.Outcome above. This requires you to act in a principled way:

  1. Deal with regulators and ombudsmen in an open and co-operative way. (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)
  2.  You notify the CLC of any material breach of this Code [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], whether by you, the entity or any other person. (CoC P5o)
  3.  You notify the CLC of a change as set out in the CLC’s Notification Code. (CoC P5p)
  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.

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

  1.  You notify us within 2 working days.promptly if you:-

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 fit and proper.

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 ‘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
    :
  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 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 fit and proper’ under requirement 14 include:
  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.

[1] As per item 33 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

33 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

Should you require information on how to meet your responsibilities under this Code, please see the CLC’s 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.

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.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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:

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 access to appropriate redress 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.  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)
  2.  Deal with regulators and ombudsmen in an open and co-operative way. (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)
  3. You only accept instructions and act in relation to matters which are within your professional competence. (CoC P3a)
  4. 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 CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance in force. (CoC P3i)
  5. 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. (CoC P3o)
  6. 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 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. (CoC P3p)

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

  1. When providing services which are not regulated by the 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 CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance or the 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. (CoC P3q)
  2. 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 CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance. (CoC P5k)

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

  1. When providing 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 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:
    10.1 Pay the applicable annual premium for the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance;
    10.2 Comply with the the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance terms as apply to you;
    10.3 Comply with the Self Insured Excess policy (set out at 13) and such other policies as the CLC may issue;
    10.4 Produce a current evidence that the insured individual, or body, has appropriate PII cover.Evidence of Insurance when requested by the CLC;
    10.5 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 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 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 European a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.Lawyer

  1. If on application:
    11.1 you satisfy the 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 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;
    11.2 you satisfy the 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 CLC deems appropriate within five working days of the 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 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 CLC. The CLC will need to be satisfied that the body will avoid additional exposure of the 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 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 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.

——————————-

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

  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 will not be issued 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 unless the applicable evidence that the insured individual, or body, has appropriate PII cover.Evidence of Insurance for your Body has been produced to the CLC.
  2. As a guide to the provisions under requirement 13 a body should be able to demonstrate it can fund the self insured excess for no less than two 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 per year.Examples of Limits on Self Insured Excess:
    • Fees £250,000 Maximum Excess = £200,000 X 5% + £50,000 X 3% = £11,500
    • Fees £600,000 Maximum Excess = £200,000 X 5% + £300,000 X 3% + £100,000 X 2% = £21,000
    • Fees £900,000 Maximum Excess = £200,000 X 5% + £300,000 X 3% + £400,000 X 2% = £27,000
  3. We would remind you of your responsibility under the Provision Of Services Regulations 2009 to make the following ‘available’: contact details for the the insurance that lawyers have to hold to protect Clients against any malpracticeProfessional Indemnity Insurance provider, and the geographic coverage of that PII. It is at your discretion as to how make this available e.g. given in writing 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 outset, hard copy at the firm’s offices, on website, or in documents 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 during a transaction etc.’

an exchange of monies.Transaction Files Code

To view the printable PDF version, please click here.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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:

Appropriate standards of document provision help 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 require you to act in a principled way:

  1.     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)
  2.     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 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. (CoC OP3e)

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:
  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 information on how to meet your responsibilities under this Code, please see the CLC’s an exchange of monies.Transactions 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.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies regulated by the 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.Outcome:

Transparency and probity in 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 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.  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. (CoC P2e)
  3. You only accept instructions and act in relation to matters which are within your professional competence. (CoC P3a)
  4. You keep the 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 paramount (except as required by the law or the 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). (CoC P3b)

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

  1.  You deliver services 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. (CoC P2k)
  2.  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. (CoC P3l)
  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. (CoC P3m)
  4.  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.
  5.  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.
  6.  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.
  7.  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.
  8.  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 information on how to meet your responsibilities under this Code, please see the 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 – Regulatory Arrangements Specific

Overview

The 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.

Introduction

The CLC is a Designated Professional Body under Part XX of 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 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.
Acting as the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMA.Insurance Intermediaries Code
In this Code ‘you’ refers to bodies regulated by the CLC; all bodies regulated by the CLC which act as insurance intermediaries 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. 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.

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:

Demonstrating integrity and providing appropriate standards of work when acting as an the record maintained by the Financial Conduct Authority (previously the Financial Services Authority) under s.347 FSMAInsurance Intermediary 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.  Act with independence and integrity. (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 1)
  2. 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)
  3. 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)
  4. Promote equality of access and service. (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 6)
  5.  You act honestly, professionally and decently. (CoC P1b)
  6.  You do not give false or misleading information relating to the provision of 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. (CoC P1e)
  7.  You keep the 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 paramount (except as required by the law or by the 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). (CoC P3b)
  8.  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. (CoC P3f)
  9.  You 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 information which is accurate, useful and appropriate to the particular any person or persons for whom a Licensed Conveyancer or CLC body acts in the provision of Regulated Services; this may also include a person or persons who may seek the provision of Regulated Services. Client also includes any person for whom a Licensed 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. (CoC 3h)
  10.  You 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 all relevant information relating to any fee methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements or fee changes. (CoC P3j)
  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 of the name and status of the person dealing with their matter and the name of the person responsible for overall supervision. (CoC P3k)
  12.  When providing services which are not regulated by the 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 CLC-approved the insurance that lawyers have to hold to protect Clients against any malpracticeprofessional indemnity insurance or the 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. (CoC P3q)
  13.  You co-operate with other regulators and ombudsmen. (CoC P5h)

You must also 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:

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

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

    14.2 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;
    14.3 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;
    14.4 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 18 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 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:
    16.1 to manufacture contracts of insurance,
    16.2 to take up or pursue the activity of Reinsurance Distribution,
    16.3 to distribute Insurance-based Investment Products,
    16.4 to carry out distribution activities in relation to Large Risks Insurance,
    16.5 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:-
    17.1 is responsible for ensuring the body has procedures and practices to enable it to comply with this Code;
    17.2 will supply to the CLC or its agents information as required by the CLC; and
    17.3 will notify the 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
    18.1 must as a minimum have a clean criminal record (see further article 10(3) IDD), and
    18.2 must not have previously been declared bankrupt, unless they have been rehabilitated in accordance with national law.
  6.  You advise the 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 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 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 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 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 34, 35, 36 and 37:
    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 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 39.6.5), 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 35, 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 33, 34 or 35 immediately after the conclusion of the insurance contract.

Passporting

  1.  If you wish to establish an IDD Branch or provide 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 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 38 and 39:
  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):
  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:
    36.1 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;
    36.2 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;
    36.3 the customer has been notified electronically of the address of the website, and the place on the website where that information can be accessed;
    36.4 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 35 and 36, 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 34, 35, 36 and 37 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:-
    38.1 your name, address, telephone, other contact details and that you are an ancillary insurance intermediary;
    38.2  if not included in Requirement 38.1, 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;
    38.3   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;
    38.4  if the matter is to be conducted by a team, the identity of that team and the name of its leader(s);
    38.5 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;
    38.6   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 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 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).
    38.7  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”).
    38.8 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 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.legallombudsman.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 34, 5, 36 and 37:
    39.1 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
    39.2 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
    39.3whether you are providing a personal recommendation about the insurance products offered
    39.4 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
    39.5 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
    39.6 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,

    39.6.1 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
    39.6.2 objective information about the insurance product, and
    39.6.3 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;
    39.6.4 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;
    39.6.5 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 38 and/or 39 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 34 of any Remuneration you anticipate arising out of providing 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 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 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 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:
    48.1 to obtain all appropriate information on the insurance product and the product approval process, including the identified target market of the insurance product, and
    48.2 to understand the characteristics and identified target market of each insurance product.

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

To view the printable PDF version, please click here.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies providing The process of buying or selling land or property.conveyancing services regulated by the 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:

Prevention and detection of mortgage fraud and acting properly in the interests of lenders 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. Act with Independence and Integrity. (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 1)
  2. 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)
  3. 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)
  4. 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. (CoC P2f)
  5. You promote ethical practice and compliance with regulatory requirements. (CoC P2g)
  6. You enable staff to raise concerns which are acted on appropriately. (CoC P2h)
  7. 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. (CoC P2i)
  8. You keep the 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 paramount (except as required by the law or the 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). (CoC P3b)
  9. 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 you have been instructed (or as required by the 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 arrangementsor by law), keeping effective records of any disclosures you make. (CoC P3e)

You must also 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.Transactions

  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.
    19.1        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.
    19.2        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 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:-
    25.1        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);
    25.2        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);
    25.3        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;
    25.4        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;
    25.5 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:-
    26.1        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;
    26.2        question and clarify any unusual or uncertain instructions before proceeding;
    26.3        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
    26.4        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 observe an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principle 3 g) 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 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:
  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 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:-
    30.1        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 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;
    30.2        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;
    30.3        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;
    30.4        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

    30.5        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

    30.6        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.Transactions

  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 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:
    33.1        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
    33.2        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:-
    34.1        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).
    34.2        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 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 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.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.
    3. 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 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 wilfully 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 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 a 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

*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.Lawyercw== 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 information on how to meet your responsibilities under this Code, please see the CLC’s Acting for Lenders and 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.

Only those bodies able and willing to deliver 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 are licensed as CLC Licensed Bodies.

Delivering 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 requires all Licensed Bodies and their stakeholders to act in a principled way in accordance with the 6 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;
  2.  Maintain high standards of work;
  3.  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;
  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.

This Code is in place to help ensure Licensed Bodies meet these responsibilities.

an Alternative Business Structure licensed by the CLC.Licensed Body Code
In this Code ‘you’ refers to Licensed Bodies regulated by the CLC, except where ‘you’ is provided under the heading of a designated role in which case the ‘you’ refers to that role. Any stakeholders in the an Alternative Business Structure licensed by the CLC.Licensed 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.

Governance and operational methods of organisation including systems, procedures, controls, functions, roles, and processes.arrangements
PluralCAPITAL an essential quality; a characteristic, behaviour or ethic, which must be demonstrated so that positive Outcomes are generated for Clients.Principles

  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 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 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 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 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 ‘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 ‘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 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 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 fit and proper.
  5.  You report to the 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 ‘fit and proper’ person and declare to the an Alternative Business Structure licensed by the CLC.Licensed Body and the 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 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 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 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 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 CLC Notification Code.

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.

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 CLC’s application to extend its regulatory scope is successful.

In this Code ‘you’ refers to individuals and bodies regulated by the CLC; all individuals and bodies providing litigation and advocacy services regulated by the 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 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.Lawyercw== 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:

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.

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

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

Only those bodies able and willing to deliver 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 are a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.recognised as a body corporate or incorporate recognised by the CLC under s.32 of the 1985 Act to provide regulated services to the public.CLC Recognised Bodies.

Delivering 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 requires all 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 and their stakeholders to act in a principled way in accordance with the 6 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;
  2. Maintain high standards of work;
  3. 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;
  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.

This Code is in place to help ensure 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 meet these responsibilities.
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

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

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

  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 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 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 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 ‘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 CLC Body or any person who is not 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 fit and proper.
  5. You report to the 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 ‘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 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 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 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 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 CLC any failures to comply.
  4. You ensure you are informed within 2 working days.promptly of any circumstance identified under the 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 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 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.

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 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 CLC’s promotion of these objectives are:

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 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:
  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.
    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 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 la 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.icence will be declined.
      3.1.3      We inspect all entities new to 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 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:   
      3.2.1      The CLC regulatory risk register contains a range of information including 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 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 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 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 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:

    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 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 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 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 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 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  CLC a lawyer is a legally qualified person, someone who gives legal advice and represents people in legal matters.Lawyercw== 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 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 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 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 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 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 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 CLC is satisfied that:

      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 CLC:

  1. Scope of the 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:
    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:
    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):
    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:
    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 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 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 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 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:
  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 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 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 CLC to take or cease taking a particular action CLC staff:

      Legal Practice Inspector, CLC Authorised Officer or other 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

      or other 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 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) 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 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 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 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 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 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) 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) 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
      • 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 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)

      CLC Staff:   CLC Authorised Officer 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)
      • 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) 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 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 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 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) 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 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) 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) 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 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 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 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 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 CLC may:
    6. 6          [r