Strategy and 2015 Business Plan - Property Law Regulator
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Strategy and
2015 Business Plan
The Specialist
Property Law
Regulator
Contents
Page 3 FOREWORD
Page 4 OUR VISION, MISSION AND VALUES
Page 5 THE REGULATORY FRAMEWORK
Page 6 THE POLICY ENVIRONMENT
Page 7 THE MARKET PLACE
Page 8 DEVELOPING THE CLC’S STRATEGY
Page 9 BUSINESS PLAN OBJECTIVES 2015
The CLC is the specialist property law regulator. Our strategy is to
• Focus on core activities and appropriate, value for money regulation to deliver
high standards of practice and consumer protection
• Maximise the benefits of our specialist approach to regulation of specialist lawyers
• Engage in developing the future of legal services regulation so that the benefits of
the specialist approach are retained in any future framework
Foreword
Anna Bradley, Chair
The profession of Licensed Conveyancer • has developed an approach to Since the appointment of Sheila
and the CLC as its new, independent regulation that fosters innovation and Kumar as Chief Executive, the CLC has
regulator, were created nearly 30 years ago. growth in consumer-focused delivery of undertaken a thorough review of its work.
The intention was to break a monopoly vital legal services. We have adopted a strategy that builds
in the provision of conveyancing services • was the first regulator to regulate on the considerable strengths of the
and to deliver benefits to consumers and entities and the first to allow non- specialized approach to regulation that has
lawyer ownership of those entities. underpinned the success of the CLC over
businesses through improved and enhanced
• was the first regulator to downsize the the last three decades and which will serve
provision of legal services at more
council itself and establish a lay chair. consumers and those we regulate well.
competitive prices.
• has developed and managed routes to
qualification as a Licensed Conveyancer You can find out more about our
Conveyancing and probate services are that are open and accessible and have strategy, and the background to our
surely the most commonly-accessed legal fostered a diverse profession. thinking, in the rest of this document.
services and have an impact on the lives
At the end you will find our business plan
of the greater part of the population as It is the CLC’s specialist approach for 2015.
they manage the transfer of personal assets to regulating property law services that
at key moments in their lives. So getting has enabled it to support innovation,
consumer protection right and supporting competition and growth while protecting
a flourishing supplier base are vital. consumers. The Council therefore intends
The CLC is proud of its impact on the to continue to explore and develop the
legal services market and regulation. Since strengths of that specialised approach, just
it was established by the Access to Justice as we did when we extended our scope to
Act 1985, the CLC regulate the provision of probate services.
We believe specialist regulation represents
• has introduced competition and real an important and successful alternative that
consumer choice into the conveyancing should continue within any future structural
market which has driven down prices
framework for legal services regulation.
without sacrificing quality.
3
OUR VISION, MISSION
AND VALUES
Our vision protects consumers and fosters 3. Expertise: Delivering and promoting
The CLC works to maximise the benefits competition and innovation in the provision better practice in partnership with
of our specialist model of legal services of legal services. This continues our original licence holders, regulated entities and
regulation ensuring that its strengths purpose as key stakeholders
continue to benefit consumers and the legal
services market and providing a model for Our values 4. Innovation: Continuously looking
the future regulation of legal services. The CLC is an independent regulator with for new and innovative ways to protect
no institutional links to bodies representing consumers and the public and to
legal professionals. That independence of support students, licence holders and
Our mission
regulated entities, employers, partners,
The CLC’s mission is to deliver effective policy and action and our founding mission
and other stakeholders
regulation of specialist property lawyers that have guided us to six core values.
1. Integrity: Acting professionally and
5. Inclusiveness: Constantly improving
being accountable in all that we do
our organisation as both a regulator and
an employer. recognising that everyone,
2. Effectiveness: Providing reliable
whatever their circumstances, should be
and recognised qualifications
able to develop and exploit their talents.
and maintaining the standards of
competence and professional conduct
6. Communication: Encouraging
in the regulated community in the
open, clear, productive and valuable
interests of consumers
communication between ourselves and
everyone with whom we come into
contact.
4
THE REGULATORY FRAMEWORK
The CLC is an independent Approved Because of its founding mission and
Regulator under the Legal Services Act purpose, the CLC was well-placed to The regulatory objectives:
2007. This independence sets us apart from embrace the liberalising, competitive and
the larger regulators of legal services which consumer-focuses agenda of the Legal a) protecting and promoting
are each part of representative bodies for Services Act 2007 that is encapsulated in the public interest;
lawyers. Like them though, we are overseen those eight objectives. But some obstacles
by the Legal Services Board which assesses remain in the way of us being able to realise b) supporting the constitutional
the performance of each of the front line fully the potential of the Act and to give principle of the rule of law;
regulators and ensure that we live up to the the practices we regulate the full range of
eight statutory regulatory objectives. freedom that would support even greater c) improving access to justice;
change and innovation in the delivery of
legal services. We continue to work with the d) protecting and promoting
Legal Services Board and Ministry of Justice the interests of consumers;
to remove those obstacles.
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.
5THE POLICY ENVIRONMENT
Slow change Legal Education and Training Improving the regulatory
The Legal Services Act 2007 has been Review framework
slower to deliver change than many The review recommendations of relevance We used a consultation by the Ministry of
people expected and has not yet had to the CLC related to the setting of clear Justice over the summer of 2013 to set out
the far-reaching liberalising impact on the ‘day one outcomes’ based on analysis of the our priorities for reform. The Government
market that its architects had intended. occupation – this was a timely steer as we decided not to take forward its review of
Legal services providers have generally not came to review the routes to qualification legal services regulation so we are pleased
changed their business models radically and as a Licensed Conveyancer and the CLC’s that the Legal Services Board has picked up
external investment has been slow coming overall framework for education. As 2014 on a number of our priorities as it leads joint
into the sector. The ‘regulatory competition’ comes to an end we are preparing to work across the sector to make progress on
that was expected as a result of the Act has launch exciting new routes to qualification improving the regulatory framework. We are
not been a strong effect as yet, not least as a Licensed Conveyancer, Conveyancing especially pleased that financial protection
because a number of obstacles remain to Technician and Probate Practitioner through arrangements, the issues arising from the
legal services providers changing regulator. apprenticeship and classroom and distance patchwork nature of the scope of legal
We are working with the Legal Services learning routes. services regulation and the rationalization of
Board, our oversight regulator, to try to the regulatory objectives are to be part of
address those obstacles. that joint work.
6THE MARKET PLACE
Concerns about fraud regulated entities. This is an excellent vote increased, standards of supervision and
Concerns about mortgage fraud have of confidence in the CLC’ s approach to delivery were not compromised.
resulted in several initiatives which can in regulation and standards of CLC Lawyers.
some ways be seen as duplicating the work We continue to work with other lenders We have also seen considerable
of front line regulators such as the CLC: to ensure that CLC Lawyers face no consolidation in the conveyancing market
restrictions in terms of market access. and while the probate market remains
• There has been a growth in what very fragmented, we expect it to follow
might be termed quasi-regulatory The impact of the economic the pattern of conveyancing in the coming
schemes such as the Conveyancing recovery years. As the businesses we regulate become
Quality Scheme and others that blur As the recovery began to be felt in larger, the risks arising from failures become
the lines between regulation and 2013, conveyancing firms were beginning greater along with the potential impact on
representation of lawyers to experience a shortage of qualified the work and resources of the CLC.
conveyancers because so many had
• Panel management schemes are fallen out of the profession following the Information and Communications
emerging downturn in 2007/8. This is a pressure Technology
that has been felt by other professions Advances in IT and communications
• The Law Society is implementing an in the property sector such as surveyors. (ICT) have had a major impact on how
online conveyancing portal that will This presented a challenge to the CLC conveyancing and probate services can be
enshrine protocols and processes because it is currently the education delivered. Services delivered remotely and
across all transactions taking place provider and awarder of the qualification through highly automated processes require
through the portal in addition to and needed to attract more students a slightly different regulatory approach than
managing identity checks into the pipeline to becoming a Licensed traditional high street practices.
Conveyancer, something that we have done
We are providing information to some successfully through raising the profile of Consumer Expectation
of these scheme operators to reduce the qualification and marketing a career as Consumer expectations have also evolved
burdens on the regulated community and in a CLC Lawyer to school-leavers and law rapidly, in part because of the wider
line with our desire to minimize duplication graduates. advances in ICT which have driven down
of regulatory or quasi-regulatory activity. costs of services and improved accessibility
The community regulated by the CLC and the speed of delivery. The new
Support from the lending recovered from the downturn faster than standards that consumers expect for almost
community the overall market. The aggregate turnover all services they purchase put practices
The lending community has been and of CLC-regualted entities began to recover under new pressures. In addition, we are
remains very positive about the community sooner and faster than the numbers of seeing the growth of comparison websites
of lawyers and entities regulated by transactions in the overall market place for legal services that demand information
the CLC. HSBC has recently opened would have led us to expect. This led to about lawyers that is arguably best provided
access to its mortgage panel to all CLC a focus on ensuring that as workloads by regulators, who hold the definitive 7
information.DEVELOPING THE
CLC’S STRATEGY
In considering the regulatory model for We also support practices to achieve
the CLC, the Council has focused on compliance with our requirements in a The CLC’s strategy
the strengths that lie in specialisation. way that enables the development of
The tailored approach to regulation, the strong businesses. We do not simply police
understanding and management of specific compliance but support conveyancers in • Focus on core activities and
risks and the support for innovation and achieving good practice in an outcomes- appropriate, value for money
growth alongside consumer protection are focused framework. We take a risk-based regulation to deliver high
what differentiate the CLC from other legal approach to regulatory activity and when standards of practice and
consumer protection
sector regulators. necessary we act swiftly to protect the client
and the public interest. • Maximise the benefits of
It is clear from our discussions with those its specialist approach to
we currently regulate - as well as lawyers Accordingly, the Council agreed that regulation of specialist
considering transferring their practices into the CLC should maintain its specialised lawyers
regulation by the CLC - that our model of approach and build on its strengths. When it • Engage in developing the
specialist regulation is hugely appreciated. secures the power to regulate lawyers other future of legal services
The Council believes that there are very than Licensed Conveyancers it will be for regulation so that the
considerable benefits to specialisation and the delivery of conveyancing and probate benefits of the specialist
hopes that, whatever the future of regulation services as well as related property law approach are retained in any
of legal services, the specialist approach to services that the regulated community may future framework
regulation and consumer protection can be wish to offer to clients. A next step might
retained and applied in other areas. be to add litigation in respect of property
matters.
Our focus on property law services
in conveyancing and probate matches the
focus of our regulated community, meeting
their needs and the needs of their clients in
a tailored and highly effective way.
‘We do not simply police compliance but support
conveyancers in achieving good practice in an
outcomes-focused framework.’ 8BUSINESS PLAN
OBJECTIVES 2015
OBJECTIVE 1 i. Publish disciplinary and regulatory activity OBJECTIVE 3
To gather high quality intelligence and information in line with the CLC’s policy To have in place financial protection
respond quickly to emerging risks in a timely manner arrangements that are effective in protecting
consumers and the operations of the CLC
j. Undertake Annual Regulatory Return
a. Begin in 2015 a fundamental review of
exercise to explore:
the CLC’s regulatory arrangements for a. Review CLC financial protection
completion in 2016 a. data about firms that could be used arrangements
to better inform consumers
b. Establish effective new function of I. Determine new arrangements for
information management to pull together, b. actions arising from diversity a Master Policy
analyse and share all information and profiling
II. Determine new arrangements
intelligence to improve quality/targeting c. issues around financial viability of for the Compensation Fund
of CLC operations firms
b. Work for sector-wide arrangements that
c. Embed use of Regulatory Risk
level the playing field through the LSB-led
Assessment Tool
OBJECTIVE 2 project
d. Inquiry into the financial viability of To ensure that the CLC’s specialist approach
regulated firms is understood and appreciated by policy and
e. Follow up on 2014 consumer focus market place stakeholders
groups
a. Communications and marketing to
f. Carry out a full programme of
promote the strengths of specialisation
monitoring visits to firms, prioritised in
line with risk assessment b. Complete a self-assessment for
submission to the LSB that sets out
g. Timely handling of conduct complaints
clearly the approach and achievements
against CLC Lawyers and feeding
of the CLC
intelligence that emerges into risk
register c. Hold a stakeholder event in Westminster
to mark the 30th anniversary of the
h. Ensure that disciplinary procedures
legislation establishing the CLC
are carried out in a timely manner to
ensure consumer protection and use d. Review and amend AML requirements
the full range of sanctions available in a
proportionate manner 9OBJECTIVE 4 OBJECTIVE 5 OBJECTIVE 7
To have open channels of communication Optimise the efficiency and value for money
To have a sustainable and resilient
with stakeholders in government and other of the CLC’s operations
organisational structure
regulators and good engagement with the
regulated community a. Complete the archiving project to reduce
a. Undertake a reorganisation of the CLC
storage and retrieval costs
staff structures
a. SMT to meet regularly with:
b. Review the premises strategy and secure
b. Demonstrate improved organisational
• Senior MoJ officials Council’s approval
resilience to the Council
• Senior representatives of other c. Review the functions of the CLC to
c. Determine and implement a new model
regulators assess which non-core functions need to
for the delivery of education and training
be carried out by the CLC
b. Meet new Ministers and Opposition
d. Review Adjudication Panel framework
spokespeople following the general d. Complete implementation of CRM with
and appointments
election Phase 2 – adding new licence, monitoring
and student management
c. Engage with and influence the Chair-level
Working Group run by the MoJ and LSB OBJECTIVE 6 e. Extend website functionality to enhance
To support innovation and flexibility in the offering to regulated community and big
d. Programme of regular communication
delivery of legal services through value for users of CLC data
with the regulated community
money regulation
f. Streamline licence application and
renewal processes to ensure a
a. Launch apprenticeships and other routes
proportionate approach that increases
to new qualifications in conveyancing and
efficiency
probate
g. New applications processed efficiently
b. Prepare to issue stand-alone licences
h. Licence renewal process completed
c. Determine and implement a new
efficiently
framework for practice fees
i. Review regulatory operations
j. Develop and meet SLAs for delivery of
services, management of correspondence
10We welcome feedback on our Business Plan.
Please email us at clc@clc-uk.org.
The Specialist
Property Law
Regulator
16 Glebe Road Chelmsford Essex CM1 1QG
DX121925 Chelmsford 6
t: 01245 349599 f: 01245 341300
e: clc@clc-uk.org w: clc-uk.orgYou can also read
