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Courts and Legal Services Act 1990
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Rhagor o Adnoddau
Changes over time for: Section 41
No longer has effect: 21/07/2008
Alternative versions:
- Prospective- Amendment
- Stop date 21/07/2008- Amendment
- 02/04/2001
Point in time
Status:
Point in time view as at 02/04/2001. This version of this provision never came into effect.
Status
You are viewing this provision as it would have stood if it had come into force. It was repealed before it came into force.
Changes to legislation:
Courts and Legal Services Act 1990, Section 41 is up to date with all changes known to be in force on or before 21 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Prospective
41 The Conveyancing Appeal Tribunals.E+W
(1)There shall be tribunals to be known as “Conveyancing Appeal Tribunals” which shall hear appeals under this section.
(2)Any person who is aggrieved by any decision of the Board to—
(a)refuse an application for authorisation under section 37;
(b)suspend any authorisation given under section 37;
(c)refuse to lift such a suspension;
(d)revoke any such authorisation; or
(e)impose any condition under section 38,
may appeal to a Conveyancing Appeal Tribunal.
(3)No such decision of the Board shall have effect until—
(a)any appeal against it which is duly made under this section is disposed of; or
(b)the period within which an appeal may be made has expired without an appeal having been made.
(4)Subsection (3) shall not apply where—
(a)the Board is satisfied that the circumstances of the case are exceptional and justify the decision in question taking effect immediately, or earlier than would otherwise be the case; and
(b)notifies the person concerned to that effect.
(5)In this Part a Conveyancing Appeal Tribunal is referred to as “a Tribunal”.
(6)A Tribunal shall consist of a Chairman and two other members appointed by the [F1Secretary of State] .
(7)To be qualified for appointment as Chairman of a Tribunal, a person must have a 7 year general qualification (within the meaning of section 71).
(8)Of the other two members of a Tribunal—
(a)one must have experience in, or knowledge of, the provision of conveyancing services; and
(b)the other must have experience in, or knowledge of, accountancy.
(9)The [F1Secretary of State] shall appoint a person to be Secretary to the Tribunals.
(10)On receipt of notice of an appeal which is being made to a Tribunal, the Secretary shall inform the [F1Secretary of State] and the [F1Secretary of State] shall appoint a Tribunal to hear that appeal.
(11)Schedule 6 shall have effect with respect to the Tribunals.
Textual Amendments
F1Words in ss. 39-41 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)(a) (with arts. 6, 8)
41 The Conveyancing Appeal Tribunals.E+W
(1)There shall be tribunals to be known as “Conveyancing Appeal Tribunals” which shall hear appeals under this section.
(2)Any person who is aggrieved by any decision of the Board to—
(a)refuse an application for authorisation under section 37;
(b)suspend any authorisation given under section 37;
(c)refuse to lift such a suspension;
(d)revoke any such authorisation; or
(e)impose any condition under section 38,
may appeal to a Conveyancing Appeal Tribunal.
(3)No such decision of the Board shall have effect until—
(a)any appeal against it which is duly made under this section is disposed of; or
(b)the period within which an appeal may be made has expired without an appeal having been made.
(4)Subsection (3) shall not apply where—
(a)the Board is satisfied that the circumstances of the case are exceptional and justify the decision in question taking effect immediately, or earlier than would otherwise be the case; and
(b)notifies the person concerned to that effect.
(5)In this Part a Conveyancing Appeal Tribunal is referred to as “a Tribunal”.
(6)A Tribunal shall consist of a Chairman and two other members appointed by the Lord Chancellor.
(7)To be qualified for appointment as Chairman of a Tribunal, a person must have a 7 year general qualification (within the meaning of section 71).
(8)Of the other two members of a Tribunal—
(a)one must have experience in, or knowledge of, the provision of conveyancing services; and
(b)the other must have experience in, or knowledge of, accountancy.
(9)The Lord Chancellor shall appoint a person to be Secretary to the Tribunals.
(10)On receipt of notice of an appeal which is being made to a Tribunal, the Secretary shall inform the Lord Chancellor and the Lord Chancellor shall appoint a Tribunal to hear that appeal.
(11)Schedule 6 shall have effect with respect to the Tribunals.
41 The Conveyancing Appeal Tribunals.E+W
(1)There shall be tribunals to be known as “Conveyancing Appeal Tribunals” which shall hear appeals under this section.
(2)Any person who is aggrieved by any decision of the Board to—
(a)refuse an application for authorisation under section 37;
(b)suspend any authorisation given under section 37;
(c)refuse to lift such a suspension;
(d)revoke any such authorisation; or
(e)impose any condition under section 38,
may appeal to a Conveyancing Appeal Tribunal.
(3)No such decision of the Board shall have effect until—
(a)any appeal against it which is duly made under this section is disposed of; or
(b)the period within which an appeal may be made has expired without an appeal having been made.
(4)Subsection (3) shall not apply where—
(a)the Board is satisfied that the circumstances of the case are exceptional and justify the decision in question taking effect immediately, or earlier than would otherwise be the case; and
(b)notifies the person concerned to that effect.
(5)In this Part a Conveyancing Appeal Tribunal is referred to as “a Tribunal”.
(6)A Tribunal shall consist of a Chairman and two other members appointed by the [F1Secretary of State].
[F2(7)A person is eligible for appointment as Chairman of a Tribunal only if he satisfies the judicial-appointment eligibility condition on a 5-year basis.]
(8)Of the other two members of a Tribunal—
(a)one must have experience in, or knowledge of, the provision of conveyancing services; and
(b)the other must have experience in, or knowledge of, accountancy.
(9)The [F1Secretary of State] shall appoint a person to be Secretary to the Tribunals.
(10)On receipt of notice of an appeal which is being made to a Tribunal, the Secretary shall inform the [F1Secretary of State] and the [F1Secretary of State] shall appoint a Tribunal to hear that appeal.
(11)Schedule 6 shall have effect with respect to the Tribunals.
Textual Amendments
F1Words in ss. 39-41 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)(a) (with arts. 6, 8)
F2S. 41(7) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50(6), 148, Sch. 10 para. 21; S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
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