Parliament grants CILEx further powers to seek detail on spent convictions

27 June 2014

Earlier this week Parliament gave the Chartered Institute of Legal Executives (CILEx) the power to ask for details of spent convictions from applicants for new practice rights. The exception order under the Rehabilitation of Offenders Act cleared the Commons on Tuesday having passed through the Lords last week.

Fellows of CILEx were already exempt from the Act, meaning they were required to disclose details of spent convictions upon application to Fellowship. However IPS will be approving probate and conveyancing practitioners who don’t have to be Fellows, but must prove their experience and competence to practise. This new order will also apply to those who will be approved managers in firms regulated by ILEX Professional Standards (IPS).

These powers are delegated by CILEx to IPS; the regulator of CILEx members.

The order, presented by coalition ministers Lord Faulkes and Jeremy Wright MP, was fully endorsed by opposition spokespersons Lord Beecham and Jenny Chapman MP.

As Parliament considered the order, the Legal Services Board opened its final consultation on modifying CILEx’s functions to include establishing compensation arrangements and be granted intervention powers; two important consumer protection arrangements. IPS chair Alan Kershaw said “This consultation is a procedural step before the order is placed before Parliament, but an important one. IPS and CILEx have fully engaged with the consultation processes to date, and adapted our proposals to reflect the views and recommendations of others, and we look forward to hearing the views of others on these powers that will help us protect consumers.”

This progress comes at the same time as a possible rescheduling of the orders approving probate and conveyancing practice rights, which were anticipated to be considered before the summer recess. IPS CEO Ian Watson said; “Our probate and conveyancing orders are likely to be considered in the Autumn due to the limited parliamentary time available before recess, but we are working with the Ministry of Justice on the development of a timetable and we will confirm once the scheduling has been finalised.”

ENDS

Details of the order are available from the legislation.gov website.

The LSB consultation is available from the LSB website.

Photo: Alan Kershaw, IPS chair