Legal Services Regulation Act 2015

127.

Power of Authority to issue direction for failure to comply with statutory requirements

127. (1) Where the Authority reasonably believes that a limited liability partnership is contravening or has contravened subsection (8) of section 125 it may, in accordance with this section, give a direction in writing to that partnership to do or refrain from doing such acts as are specified in the direction.

(2) Where the Authority proposes to issue a direction under subsection (1), it shall send the limited liability partnership a notice in writing—

(a) setting out the nature of the contravention that the Authority reasonably believes to be occurring or to have occurred and the reason it so believes,

(b) setting out the measures that it proposes to direct the limited liability partnership concerned to take in order to bring such contravention to an end, and

(c) inviting the limited liability partnership to make observations within such period as is specified in the notice in relation to the belief of the authority referred to in paragraph (a) or the measures proposed under paragraph (b) or both.

(3) The Authority may, having considered any observations made by the limited liability partnership under subsection (2) within the time specified in the notice, give a direction in writing to the partnership, directing it to take such measures within such period as may be specified in the direction, as the Authority considers necessary to ensure compliance by that partnership with any requirements under section 125(8) .

(4) A limited liability partnership may, not later than 21 days after the giving of a direction under this section by the Authority, appeal that direction to the High Court.

(5) An appeal under subsection (4) shall be on notice to the Authority.

(6) The High Court, on hearing an appeal under this section, may—

(a) confirm the direction concerned, or

(b) where it considers that the direction is oppressive, unreasonable or unnecessary, revoke or vary the direction.