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Church of England (Miscellaneous Provisions) Measure 2018

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Meetings and procedure of Legal Aid CommissionE

2(1)In rule 5 (meetings and procedure of Legal Aid Commission), after paragraph (1) insert—E

(1A)The Commission shall elect one of its members to carry out the following functions in any circumstances where the chairman is unable to do so—

(a)the giving of an instruction under paragraph (2) below;

(b)the giving of an approval under a delegation given under paragraph (4) below;

(c)the giving of a casting vote under rule 11(1A) or 15(1A).

(2)For paragraph (2) of that rule substitute—

(2)If the chairman of the Commission considers that it has business which can properly be conducted by correspondence, the chairman may instruct the secretary to circulate to the members written proposals requiring the Commission's approval.

(3)Unless objection is received from members in such numbers and within such period from the date on which they were sent as the Commission may specify, the proposals are to be treated on the expiry of that period as approved by the Commission as if they had been approved at a duly convened meeting.

(4)The Commission may delegate to the chairman the approval of any matter which requires decision and which, because of its urgency, cannot be dealt with at a meeting of the Commission or by correspondence as mentioned in paragraph (2).

(5)A delegation under paragraph (4)—

(a)may be general or specific, and

(b)is subject to such conditions as the Commission may from time to time impose.

(3)After paragraph (5) of that rule (inserted by sub-paragraph (2) of this paragraph) insert—

(6)A power conferred on the secretary by a provision of these Rules may be exercised by the deputy of the secretary.

(4)In consequence of the amendment made by sub-paragraph (3) of this paragraph, in rule 10 (interim certificates), omit paragraph (3) (which enables the deputy to exercise the secretary's powers in specified cases).

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