Prospective
39—(1) The Department may by order subject to negative resolution amend subsection (7) or (8) of section 38 in accordance with a recommendation made by an interested body under subsection (2).
(2) An interested body may recommend to the Department that subsection (7) or (8) of section 38 should be amended so as to substitute the amount specified in the recommendation for the amount for the time being specified in subsection (7) or, as the case may be, (8).
(3) An interested body must, if requested to do so by the Department, consider whether or not it is appropriate to make a recommendation under subsection (2).
(4) An interested body must, before making a recommendation under subsection (2)—
(a)publish a draft of the proposed recommendation;
(b)invite representations regarding the proposed recommendation; and
(c)consider any such representations which are made.
(5) Where the Department receives a recommendation under subsection (2), the Department must consider whether to follow the recommendation.
(6) If the Department decides not to follow the recommendation, the Department must publish a notice to that effect which includes the Department's reasons for the decision.
(7) In this section “interested body” means—
(a)the Solicitors Complaints Committee; or
(b)the Legal Services Oversight Commissioner.