SCHEDULES
SCHEDULE 9 Probate
Advice from the Advisory Committee
1
1
2
Advice from the President of the Family Division
2
1
2
It shall be the duty of the President to consider the application, in the light of that advice, and to give to the F3Secretary of State such advice as he considers appropriate.
3
If the President asks the Committee to give him advice with respect to the application, it shall be the duty of the F5Consultative Panel to do so.
Information to be supplied by applicant
3
Approval by F10Secretary of State
4
Having considered the advice given to him by the F8Consultative Panel and by the President, the F9Secretary of State may by order approve the application if, but only if, he is satisfied that the applicant has in force suitable arrangements—
a
for training; and
b
for ensuring that any person to whom the applicant grants the exemption mentioned in section 55(1) will at all times, while exempt, comply with the requirements of section 55(2)(a) to (e).
Refusal to approve
5
1
If the F11Secretary of State proposes to refuse the application he shall give the applicant written notice of his proposal.
2
The notice shall—
a
give the F12Secretary of State's reasons for proposing to refuse the application; and
b
inform the applicant of the effect of sub-paragraph (3).
3
Where such a notice is served, it shall be the duty of the F11Secretary of State , before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.
4
For the purposes of sub-paragraph (3), representations are duly made if—
a
they are made to the F11Secretary of State before the end of the period of 28 days beginning with the day on which the notice is served; and
b
unless the F11Secretary of State directs in a particular case, they are in writing.
5
If the F11Secretary of State refuses the application he shall give notice to the applicant in writing.
6
Any notice given under sub-paragraph (5) must give the F12Secretary of State's reasons for refusing the application.
Revocation of approval
6
1
The revocation of any approval given under this Schedule shall be by order (“a revoking order”) made by the F13Secretary of State.
2
A revoking order may only be made if—
a
the approved body has made a written request to the F13Secretary of State asking for it to be made;
b
the approved body has agreed in writing to its being made; or
c
the F13Secretary of State is satisfied that the circumstances at the time when he is considering the question are such that, had that body then been applying to become an approved body, its application would have failed.
3
A revoking order may make such transitional and incidental provision as the F13Secretary of State considers necessary or expedient.
4
Where a revoking order is made—
a
the exemption granted to any person by the body with respect to whom the order is made shall cease to have effect, subject to any transitional provision made by the order; and
b
the F13Secretary of State shall—
i
give the body with respect to whom the order is made written notice of the making of the order;
ii
take such steps as are reasonably practicable to bring the making of the order to the attention of members of that body; and
iii
publish notice of the making of the order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the order.
Role of the Advisory Committee
7
1
Where the F14Secretary of State is considering whether to make a revoking order by virtue of paragraph 6(2)(c)—
a
he shall seek the advice of the F15Consultative Panel; and
b
the F15Consultative Panel shall carry out such investigations with respect to the approved body as it considers appropriate.
2
Where—
a
b
the F15Consultative Panel has reason to believe that there may be grounds for recommending that a revoking order be made under paragraph 6(2)(c) with respect to an approved body,
it may carry out such investigations with respect to the approved body as it considers appropriate.
3
Duty to comply with requests for information
8
1
Where the F16Consultative Panel is carrying out an investigation under paragraph 7 it may require the approved body concerned to provide it with such information, including copies of such documents, as it may reasonably require for the purposes of the investigation.
2
No person shall be required under sub-paragraph (1) to provide any information, or produce any copy of a document, which he could not be compelled to provide or produce in civil proceedings before a court.
3
Where an approved body fails, without reasonable excuse, to comply with a request made to it by the F17Consultative Panel under sub-paragraph (1), paragraph 6(2)(c) shall be taken to have been satisfied in relation to that body.
Notice to approved body
9
1
2
Any such notice shall invite the approved body to make representations in writing to the F19Secretary of State or such person as he may appoint for the purpose.
3
Any such representations must be made before the end of the period of three months beginning with the date on which the notice was given.
Notice to members of approved body
10
1
Where—
a
the F20Secretary of State has given notice to an approved body under paragraph 9(1); or
b
is proposing to make a revoking order with respect to an approved body, by virtue of paragraph 6(2)(a) or (b),
he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the approved body and of any other persons who, in his opinion, are likely to be affected by any revoking order made with respect to that body.
2
Any such steps shall include inviting those members and other persons to make representations to the F20Secretary of State or (as the case may be) to the person appointed by him for the purpose.
3
Any such representations—
a
shall, except in such circumstances as the F20Secretary of State may specify, be in writing; and
b
must be made before the end of the period of three months beginning with such date as may be fixed by the F20Secretary of State .
Consideration by F23Secretary of State and President
Words in Sch. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
11
1
It shall be the duty of the F21Secretary of State to consider—
a
any advice given to him by the F22Consultative Panel under paragraph 7; and
b
any representations duly made under paragraph 9 or 10.
2
Having done so, the F21Secretary of State shall—
a
send to the President a copy of any such advice and of any such representations (including a note of any oral representations); and
b
inform the President of his view as to whether or not a revoking order with respect to the approved body concerned should be made.
3
It shall be the duty of the President—
a
to consider the information sent to him by the F21Secretary of State ;
b
to inform the F21Secretary of State of his own decision in the matter; and
c
to give his reasons, in writing, for his decision.
4
No revoking order shall be made with respect to the approved body unless the F21Secretary of State and the President agree that it should be made.
Words in Sch. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)