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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

46Bar practising certificates

This section has no associated Explanatory Notes

(1)If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a “practising certificate”), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates.

(2)Rules made by virtue of subsection (1)—

(a)may provide for the payment of different fees by different descriptions of applicants, but

(b)may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of the regulation, education and training of barristers and those wishing to become barristers.

(3)The Lord Chancellor may by order made by statutory instrument—

(a)amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the Lord Chancellor considers appropriate, or

(b)vary or revoke an order under paragraph (a).

(4)No order shall be made under subsection (3) unless—

(a)the Lord Chancellor has consulted the Council, and

(b)a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the Lord Chancellor.

(6)The Council shall provide the Lord Chancellor with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.

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