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The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) Order 2011

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Article 5

SCHEDULEModifications to the 2007 Act

1.  Section 96 of the 2007 Act (appeals against financial penalties) has effect in relation to a penalty imposed by the Council as if —

(a)subsections (6) and (7) were omitted; and

(b)for subsection (8) there were substituted—

(8) Except as provided by this section or Part 1 of the Tribunals, Courts and Enforcement Act 2007(1), the validity of a penalty is not to be questioned by any legal proceedings whatever.

2.  (1)  Schedule 13 (ownership of licensed bodies) has effect in relation to decisions of the Council with the following modifications.

(2) Paragraph 18 (appeal from decision to approve notified interest subject to conditions) has effect as if—

(a)in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b)sub-paragraphs (3) and (4) were omitted; and

(c)in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(3) Paragraph 20 (appeal from decision to object to a notified interest) has effect as if—

(a)in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b)sub-paragraphs (3) and (4) were omitted; and

(c)in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(4) Paragraph 29 (appeal from decision to approve a notifiable interest subject to conditions) has effect as if—

(a)in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b)sub-paragraphs (3) and (4) were omitted; and

(c)in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(5) Paragraph 32 (appeal from decision to object to acquisition of a notifiable interest) has effect as if—

(a)in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b)sub-paragraphs (3) and (4) were omitted; and

(c)in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(6) Paragraph 34 (appeal from decision to impose conditions (or further conditions) on existing restricted interest) has effect as if—

(a)in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b)sub-paragraphs (3) and (4) were omitted; and

(c)in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(7) Paragraph 37 (appeal from decision to object to existing restricted interest) has effect as if—

(a)in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b)sub-paragraphs (4) and (5) were omitted; and

(c)in sub-paragraph (6), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(8) Paragraph 47 (notifying the Board of objection or condition as to a person’s holding of a restricted interest) has effect as if, in sub-paragraph (4), for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(9) Paragraph 48 (notifying the Board of approval of the holding of a restricted interest by a person included in the Board’s list of persons subject to objections and conditions) has effect as if, in sub-paragraph (3), for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(10) Paragraph 50 (appeal from decision to notify the Board where share limit or voting limit breached) has effect as if—

(a)in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b)sub-paragraphs (3) and (4) were omitted; and

(c)in sub-paragraph (5), after “any appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

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