HL Deb 22 October 1985 vol 467 cc987-8

9 Clause 11, page 10, line 33, leave out subsection (2).

The Lord Chancellor

My Lords, in moving this amendment I should like to speak also to Commons

Amendments Nos. 10 to 13 inclusive, 39, and 61 to 63 inclusive.

10 Page 11, line 12, at end insert—

("(5A) Where—

  1. (a) an application for a licence is made in accordance with section 10 by a person who, at the date of the application, already holds a licence under this part; and
  2. (b) no new licence is issued to him in pursuance of the application before the time when his existing licence would, apart from this subsection, expire in accordance with subsection (5).

his existing licence shall not expire at that time but shall continue in force until a new licence is issued to him in pursuance of the application or, if the application is refused by the Council—

  1. (i) until the end of the period within which an appeal may be brought against the refusal under section 25(1)(a); or
  2. (ii) if such an appeal is brought, until the appeal is determined or abandoned.").

11 page 11, line 18, leave out ("of expiry of his previous licence") and insert ("when his previous licence expired in accordance with subsection (5) (or would have so expired but for subsection (5A))"),

12 Clause 15, page 14, line 18, leave out ("addresses") and insert ("places of business".).

13 page 14, line 25, at end insert— ("(2A) Any change in a licensed conveyancer's place or places of business shall be notified by him to the Council within the period of fourteen days beginning with the date on which the changes takes effect.").

39 Clause 33, page 26, line 22, leave out ("specified in his licence") and insert ("of any place specified in the register as his place of business or one of his places of business").

61 Schedule 3, page 51, line 18, leave out from ("relation") to end of line 28 and insert "to proceedings before the Discipline and Appeals Committee under this Part. (2) As respects proceedings before the Committee under section 22"),.

62 Schedule 4, page 54, line 15, at end insert ("; or (iii) has expired and no further licence has been issued to him under this Part of this Act.").

63 Page 54, line 48, at end insert ("or has otherwise ceased to be in force under this Part of this Act.").

The amendments relate to the procedure for issuing licences and other connected matters. Their primary purpose is to ensure that where a licensed conveyancer's application to renew his licence is not dealt with by the council in time, he will still be able to practise until his application has been considered. A related amendment broadens the rule-making power of the discipline and appeals committee. The remaining amendments make it clear that the register of licences will record the business address of a licensed conveyancer. I think that I can almost describe these amendments as technical. But that is what they do.

Moved, That this House do agree with the Commons in their Amendment No. 9—(The Lord Chancellor.)

Lord Elwyn-Jones

My Lords, it would seem that the words contained in Clause 11 (2) were really a superabundance of caution, and the Bill is the better without them.

The Lord Chancellor

My Lords, I am much obliged to the noble and learned Lord.

On Question, Motion agreed to.