(1)The Board may recommend to the Lord Chancellor that the Lord Chancellor make an order under section 62 in the form of a draft order prepared by the Board and annexed to the recommendation.
(2)Before making a recommendation under this section, the Board must give each of the persons listed in subsection (3) a notice containing—
(a)a copy of the proposed recommendation,
(b)a copy of the proposed draft order, and
(c)a statement specifying a period within which representations may be made about the proposals.
(3)Those persons are—
(a)the Lord Chancellor,
(b)the [F1CMA ],
(c)the Consumer Panel,
(d)the Lord Chief Justice, and
(e)such other persons as the Board considers it reasonable to consult regarding the proposals.
(4)The Board must publish a notice given under subsection (2).
(5)Before making the recommendation, the Board must have regard to any representations duly made (whether by persons within subsection (3) or otherwise).
(6)If the draft order to be annexed to the recommendation differs from the draft contained in the notice under subsection (2) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft order along with a statement detailing the changes made and the reasons for those changes.
Textual Amendments
F1Word in s. 66(3)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 114; S.I. 2014/416, art. 2(1)(d) (with Sch.)