Courts and Legal Services Act 1990

Valid from 01/04/1991

Sections 29 and 30.

SCHEDULE 4 E+W Authorisation and Approval

Part I E+W Authorisation of Bodies

1 (1) Any professional or other body which wishes to become an authorised body for the purposes of section 27 or 28 (“the applicant") shall send to the Advisory Committee—

(a) a draft of the qualification regulations which it proposes to apply to those of its members to whom it wishes to grant—

(i) any right of audience; or

(ii) any right to conduct litigation;

(b) a draft of the rules of conduct which it proposes to apply to those of its members exercising any such right granted by it; and

(c) a statement of the rights which it proposes to grant (“the proposed rights") and in relation to which it wishes to have those regulations and rules approved.

(2) Those documents shall be accompanied by such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed by the Advisory Committee if the Committee is to carry out its functions under this Part of this Schedule properly.

(3) The applicant shall provide the Advisory Committee with such additional information as the Committee may reasonably require.

(4) It shall be the duty of the Advisory Committee to consider the applicant’s draft qualification regulations and rules of conduct in relation to the proposed rights.

(5) When it has completed its consideration, the Advisory Committee shall advise the applicant of the extent to which (if at all) the draft regulations or rules should, in the Committee’s opinion, be amended in order to make them better designed—

(a) to further the statutory objective; or

(b) to comply with the general principle.

(6) In subsequently making its qualification regulations and rules of conduct, with a view to applying for authorisation for the purposes of section 27 or 28, the applicant shall have regard to any advice given to it by the Advisory Committee under this paragraph.

Commencement Information

I1 Sch. 4 para. 1 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Submission to Lord Chancellor E+W

2 (1) Where the applicant has complied with paragraph 1 and wishes to proceed with its application for authorisation, it shall apply to the Lord Chancellor for its qualification regulations and rules of conduct to be approved in relation to the proposed rights.

(2) An application under this paragraph shall—

(a) be in writing;

(b) specify whether approval is sought for the purposes of section 27 or 28; and

(c) be accompanied by—

(i) a copy of the regulations and rules;

(ii) such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule; and

(iii) a statement of the proposed rights.

(3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4) On receipt of such an application, the Lord Chancellor shall—

(a) send a copy of the application and of any documents provided under sub-paragraph (2)(c) or (3) to the Advisory Committee and to each of the designated judges; and

(b) ask the Committee for advice as to whether the regulations and rules should be approved for the purposes of section 27 or 28.

Commencement Information

I2 Sch. 4 para. 2 wholly in force 1.4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Advice of the Director General of Fair Trading E+W

3 (1) The Lord Chancellor shall also send copies of the documents mentioned in paragraph 2(4)(a) to the Director.

(2) The Director shall consider whether the regulations and rules would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.

(3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4) The Director may publish any advice given by him under this paragraph.

(5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

Commencement Information

I3 Sch. 4 para. 3 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

4 Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under paragraph 3, as it applies in relation to the investigation of any matter under section 45.

Commencement Information

I4 Sch. 4 para. 4 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Approval by Lord Chancellor and designated judges E+W

5 (1) When he has received the advice of the Advisory Committee and that of the Director, the Lord Chancellor shall send a copy of the advice to the applicant.

(2) The applicant shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, to make representations about the advice—

(a) to the Lord Chancellor; or

(b) where the Lord Chancellor appoints a person for the purposes of this sub-paragraph, to that person.

(3) When the period of 28 days has expired the Lord Chancellor shall consider, in the light of the advice and of any representations duly made by the applicant under sub-paragraph (2)—

(a) whether the regulations and rules should be approved for the purposes of section 27 or 28; and

(b) whether the application should be approved.

(4) When the Lord Chancellor has complied with sub-paragraph (3) he shall—

(a) send to each designated judge a copy of—

(i) the advice; and

(ii) any representations duly made by the applicant under sub-paragraph (2); and

(b) inform each of those judges of the answers which he proposes to give to the questions which he has considered under sub-paragraph (3).

(5) It shall then be the duty of each designated judge to consider the regulations and rules and, in the light of the other material sent to him by the Lord Chancellor under sub-paragraph (4), to consider the questions considered by the Lord Chancellor under sub-paragraph (3).

(6) The applicant shall provide each designated judge with such additional information about the regulations and rules as he may reasonably require.

(7) If the Lord Chancellor, or any of the designated judges, is satisfied that approving the application would be incompatible with the statutory objective or the general principle (whether because of any provision of the regulations or rules, or for any other reason), he shall refuse to approve the application.

(8) When each designated judge has discharged his duties under this paragraph he shall notify the Lord Chancellor in writing both of his decision and of his reasons for reaching it.

(9) When—

(a) the Lord Chancellor has discharged his duties under this paragraph; and

(b) the designated judges have notified him of their decisions,

the Lord Chancellor shall notify the applicant of the result of its application.

(10) If the Lord Chancellor or any of the designated judges has refused to approve the application it shall fail.

(11) The Lord Chancellor shall, if the applicant applies to him in writing, notify the applicant of—

(a) his reasons for reaching his decision; and

(b) the reasons given by each designated judge for reaching his decision.

Commencement Information

I5 Sch. 4 para. 5 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Part II E+W Approval Required by Section 29

Submission of proposals to Advisory Committee E+W

6 (1) Where an authorised body proposes to make any alteration to its qualification regulations or rules of conduct which is required by section 29(3) to be approved under this Part of this Schedule, it shall send to the Advisory Committee a copy of—

(a) its qualification regulations;

(b) its rules of conduct; and

(c) the proposed amending regulations or rules.

(2) Where an authorised body proposes to make any alteration in the rights granted by it which calls for its qualification regulations and rules of conduct to be approved under section 29(4), it shall send to the Advisory Committee a copy of—

(a) its qualification regulations;

(b) its rules of conduct; and

(c) a statement of the proposed alteration to the rights in question.

(3) The documents sent to the Advisory Committee by the authorised body under sub-paragraph (1) or (2) shall be accompanied by such explanatory material as it considers is likely to be needed by the Advisory Committee in order for the Committee to be able to understand fully the implications of the proposed alteration.

(4) The applicant shall provide the Advisory Committee with such additional information as the Committee may reasonably require.

Commencement Information

I6 Sch. 4 para. 6 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Consideration by Advisory Committee E+W

7 (1) It shall be the duty of the Advisory Committee to consider the applicant’s regulations and rules and the proposed alteration.

(2) When it has completed its consideration, the Advisory Committee shall advise the applicant of the extent to which (if at all) its qualification regulations or rules of conduct should, in the Committee’s opinion, be amended in order better to—

(a) further the statutory objective; or

(b) comply with the general principle.

Commencement Information

I7 Sch. 4 para. 7 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Submission to Lord Chancellor E+W

8 (1) If, after—

(a) receiving the Advisory Committee’s advice; and

(b) making the alteration in question,

the applicant wishes the approval required by section 29(3) or (as the case may be) (4) to be given, it shall apply to the Lord Chancellor under this paragraph.

(2) An application under this paragraph shall—

(a) be in writing;

(b) specify the purposes for which approval is sought; and

(c) be accompanied by—

(i) a copy of the amending regulations or rules or (as the case may be) of the statement mentioned in paragraph 6(2)(c) (“the statement"); and

(ii) such explanatory material as the applicant considers is likely to be needed for the implications of the alteration to be fully understood.

(3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4) On receipt of such an application, the Lord Chancellor shall—

(a) send a copy of the application and of any documents provided under sub-paragraph (2)(c) or (3) to the Advisory Committee and to each of the designated judges; and

(b) refer the application to the Committee for advice.

Commencement Information

I8 Sch. 4 para. 8 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Advice of the Director General of Fair Trading E+W

9 (1) The Lord Chancellor shall also send a copy of the documents mentioned in paragraph 8(4)(a) to the Director.

(2) The Director shall consider whether the amending regulations or rules would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.

(3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4) The Director may publish any advice given by him under this paragraph.

(5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

Commencement Information

I9 Sch. 4 para. 9 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

10 Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under paragraph 9, as it applies in relation to the investigation of any matter under section 45.

Commencement Information

I10 Sch. 4 para. 10 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Approval by Lord Chancellor and designated judges E+W

11 (1) When he has received the advice of the Advisory Committee and that of the Director, the Lord Chancellor shall send a copy of the advice to the applicant.

(2) The applicant shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, to make representations about the advice—

(a) to the Lord Chancellor; or

(b) where the Lord Chancellor appoints a person for the purposes of this sub-paragraph, to that person.

(3) When the period of 28 days has expired the Lord Chancellor shall consider, in the light of the advice and of any representations duly made by the applicant under sub-paragraph (2) whether the approval required by section 29(3) or (4) should be given.

(4) When the Lord Chancellor has complied with sub-paragraph (3) he shall—

(a) send to each designated judge a copy of—

(i) the advice; and

(ii) any representations duly made by the applicant under sub-paragraph (2);

(b) inform each designated judge as to whether he proposes to give the required approval; and

(c) where he proposes to withhold that approval, inform each designated judge of his reason for doing so.

(5) It shall then be the duty of each designated judge to consider, in the light of the material sent to him by the Lord Chancellor under sub-paragraph (4), whether the required approval should be given.

(6) The applicant shall provide each designated judge with such additional information as may reasonably be required.

(7) If the Lord Chancellor, or any of the designated judges, is satisfied that the alteration is incompatible with the statutory objective or the general principle, he shall refuse to give the required approval.

(8) When each designated judge has discharged his duties under this paragraph he shall notify the Lord Chancellor in writing both of his decision and of his reasons for reaching it.

(9) When—

(a) the Lord Chancellor has discharged his duties under this paragraph; and

(b) the designated judges have notified him of their decisions,

the Lord Chancellor shall notify the applicant of the result of its application.

(10) If the Lord Chancellor or any of the designated judges refuses to give the required approval, the alteration in question shall not have effect.

(11) The Lord Chancellor shall, if the applicant applies to him in writing, notify the applicant of—

(a) his reasons for reaching his decision; and

(b) the reasons given by each designated judge for reaching his decision.

Commencement Information

I11 Sch. 4 para. 11 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Part III E+W Revocation of Designation of Authorised Body

Role of Advisory Committee E+W

12 (1) Where the Lord Chancellor is considering whether to recommend the making of a revoking Order by virtue of section 30(2)(c) or is advised by one or more of the designated judges that there are grounds for making such a recommendation, he shall seek the advice of the Advisory Committee.

(2) The Advisory Committee shall carry out such investigations with respect to the authorised body concerned as it considers appropriate.

(3) Where—

(a) the Lord Chancellor has not sought the advice of the Advisory Committee under sub-paragraph (1); but

(b) the Committee has reason to believe that there may be grounds for recommending that an Order be made under section 30(2)(c) with respect to an authorised body,

it may carry out such investigations with respect to the authorised body as it considers appropriate.

(4) On concluding any investigation carried out under sub-paragraph (2) or (3), the Advisory Committee shall—

(a) advise the Lord Chancellor as to whether or not there appear to be grounds for recommending the making of an Order under section 30 with respect to the authorised body concerned; and

(b) if its advice is that there appear to be such grounds, advise the Lord Chancellor as to the transitional and incidental provision (if any) which it considers should be made under section 30(4) with respect to the authorised body concerned.

Commencement Information

I12 Sch. 4 para. 12 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Duty to comply with requests for information E+W

13 (1) Where the Advisory Committee is carrying out an investigation under paragraph 12 it may require the authorised body concerned to provide it with such information, including copies of such documents, as it may reasonably require for the purposes of the investigation.

(2) No person shall be required under sub-paragraph (1) to provide any information, or produce any copy of a document, which he could not be compelled to provide or produce in civil proceedings before a court.

(3) Where an authorised body fails, without reasonable excuse, to comply with a request made to it by the Committee under sub-paragraph (1), section 30(2)(c) shall be taken to have been satisfied in relation to that body.

Commencement Information

I13 Sch. 4 para. 13 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Notice to authorised body E+W

14 (1) If the Advisory Committee advises the Lord Chancellor that there are grounds for recommending the making of an Order under section 30 with respect to an authorised body, the Lord Chancellor shall send written notice of that advice, and of the effect of such an Order, to that body.

(2) Any such notice shall invite the authorised body to make representations in writing to the Lord Chancellor or such person as he may appoint for the purpose.

(3) Any such representations must be made before the end of the period of three months beginning with the date on which the notice was given.

Commencement Information

I14 Sch. 4 para. 14 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Notice to members of authorised body E+W

15 (1) Where—

(a) the Lord Chancellor has given notice to any authorised body under paragraph 14(1); or

(b) is proposing to recommend the making of an Order with respect to an authorised body under section 30, by virtue of subsection (2)(a) or (b) of that section,

he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by any Order made under section 30 with respect to that body.

(2) Any such steps shall include inviting those members and other persons to make representations to the Lord Chancellor or (as the case may be) to the person appointed by him for the purpose.

(3) Any such representations—

(a) shall, except in such circumstances as the Lord Chancellor may specify, be in writing; and

(b) must be made before the end of the period of three months beginning with such date as may be fixed by the Lord Chancellor.

Commencement Information

I15 Sch. 4 para. 15 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Consideration by Lord Chancellor and designated judges E+W

16 (1) It shall be the duty of the Lord Chancellor to consider—

(a) any advice given to him by the Advisory Committee under paragraph 12; and

(b) any representations duly made under paragraph 14 or 15.

(2) Having done so, the Lord Chancellor shall—

(a) send to each of the designated judges a copy of any such advice and of any such representations (including a note of any oral representations); and

(b) inform each of them of his view as to whether or not, having regard to the general principle, the making of an Order under section 30 with respect to the authorised body in question should be recommended.

(3) It shall be the duty of each of the designated judges—

(a) to consider the information sent to him by the Lord Chancellor, having regard to the general principle;

(b) to inform the Lord Chancellor of his own decision in the matter; and

(c) to give his reasons, in writing, for his decision.

(4) No Order under section 30 shall be made with respect to the authorised body unless the Lord Chancellor and each of the designated judges have decided that it should be made.

Commencement Information

I16 Sch. 4 para. 16 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Valid from 01/01/2000

F1 Part I E+W Designation of bodies and approval of regulations and rules

Textual Amendments

F1 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

Modifications etc. (not altering text)

C1 Sch. 4 Pt. I extended (27.9.1999) by 1999 c.22, ss. 105, 108(3), Sch. 14 Pt. III para. 17(1) (with Sch. 14 para. 7(2))

Valid from 01/01/2000

F2 Part II E+W Approval in cases of altered regulations, rules or rights

Textual Amendments

F2 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

Modifications etc. (not altering text)

C2 Sch. 4 Pt. II extended (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. III para. 17(2) (with Sch. 14 para. 7(2))

Valid from 01/01/2000

F3 Part III E+W Alteration of regulations and rules by order

Textual Amendments

F3 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F4 Notice to authorised body E+W

Textual Amendments

F4 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F5 17 (1) If the Lord Chancellor considers—

(a) that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or

(b) that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,

he may give written notice to the body.

(2) Before giving notice to an authorised body under sub-paragraph (1) the Lord Chancellor shall inform each of the designated judges that he intends to do so.

Textual Amendments

F5 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F6 Representations by authorised body E+W

Textual Amendments

F6 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F7 18 (1) The notice shall invite the authorised body to make representations in writing to the Lord Chancellor.

(2) Any such representations must be made before the end of—

(a) the period of three months beginning with the date on which the notice was given; or

(b) such other period as the authorised body and the Lord Chancellor may agree.

(3) When that period has expired the Lord Chancellor shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct.

(4) If the Lord Chancellor proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of—

(a) the alterations which he proposes to make; and

(b) any representations made under sub-paragraph (2),

to the Consultative Panel, the Director and each of the designated judges.

Textual Amendments

F7 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F8 Advice of Consultative Panel E+W

Textual Amendments

F8 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F9 19 (1) The Consultative Panel shall consider whether the alterations should be made.

(2) The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.

(3) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(4) The Consultative Panel shall publish any advice given by it under this paragraph.

Textual Amendments

F9 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F10 Advice of Director General of Fair Trading E+W

Textual Amendments

F10 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F11 20 (1) The Director shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.

(2) The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require.

(3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4) The Director shall publish any advice given by him under this paragraph.

(5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Textual Amendments

F11 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F12 Further representations by authorised body E+W

Textual Amendments

F12 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F13 21 (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the authorised body.

(2) The authorised body shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, or such other period as the authorised body and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Textual Amendments

F13 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F14 Advice of designated judges E+W

Textual Amendments

F14 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F15 22 (1) The Lord Chancellor shall send to each of the designated judges a copy of—

(a) the advice of the Consultative Panel and the Director; and

(b) any representations made under paragraph 21(2).

(2) Each of the designated judges shall then consider whether the alterations should be made.

(3) The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.

(4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Textual Amendments

F15 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F16 Decision by Lord Chancellor E+W

Textual Amendments

F16 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F17 23 (1) After considering—

(a) the advice given by the Consultative Panel and any representations made about it;

(b) the advice given by the Director and any representations made about it; and

(c) the advice given by each of the designated judges under paragraph 22,

the Lord Chancellor shall decide whether to make the alterations.

(2) When the Lord Chancellor has made his decision he shall notify the authorised body of it.

(3) If the Lord Chancellor has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.

Textual Amendments

F17 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F18 Order effecting alterations E+W

Textual Amendments

F18 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F19 24 If the Lord Chancellor has decided to make the alterations he may make an order giving effect to the alterations.

Textual Amendments

F19 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

Valid from 01/01/2000

F20 Part IV E+W Revocation of designation

Textual Amendments

F20 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F21 Order in Council E+W

Textual Amendments

F21 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F22 25 (1) Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.

(2) A recommendation may be made under sub-paragraph (1) only if—

(a) the authorised body has made a written request to the Lord Chancellor asking for it to be made;

(b) the authorised body has agreed in writing to its being made; or

(c) the Lord Chancellor is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed.

Textual Amendments

F22 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F23 Requirement to seek advice E+W

Textual Amendments

F23 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F24 26 Where the Lord Chancellor considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the Director.

Textual Amendments

F24 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F25 Advice of Consultative Panel E+W

Textual Amendments

F25 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F26 27 (1) The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate.

(2) The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.

(3) When the Consultative Panel has completed its investigations it shall—

(a) advise the Lord Chancellor as to whether or not there appear to be grounds for making the recommendation; and

(b) if its advice is that there appear to be such grounds, advise the Lord Chancellor as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it.

(4) The Consultative Panel shall publish any advice given by it under this paragraph.

Textual Amendments

F26 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F27 Advice of Director General of Fair Trading E+W

Textual Amendments

F27 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F28 28 (1) The Director shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition.

(2) The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require.

(3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4) The Director shall publish any advice given by him under this paragraph.

(5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Textual Amendments

F28 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F29 Notice to authorised body E+W

Textual Amendments

F29 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F30 29 (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he may give to the body a notice containing—

(a) a copy of the advice; and

(b) a statement of the effect of an Order made in pursuance of the recommendation.

(2) The notice shall invite the authorised body to make representations in writing to the Lord Chancellor.

(3) Any such representations must be made before the end of—

(a) the period of three months beginning with the date on which the notice was given; or

(b) such other period as the authorised body and the Lord Chancellor may agree.

Textual Amendments

F30 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F31 Notice to members of authorised body E+W

Textual Amendments

F31 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F32 30 (1) Where the Lord Chancellor—

(a) has given a notice to an authorised body under paragraph 29(1); or

(b) is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b),

he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation.

(2) Any such steps shall include inviting those members and other persons to make representations to the Lord Chancellor.

(3) Any such representations—

(a) shall, except in such circumstances as the Lord Chancellor may specify, be in writing; and

(b) must be made before the end of the period of three months beginning with such date as may be specified by the Lord Chancellor.

Textual Amendments

F32 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F33 Advice of designated judges E+W

Textual Amendments

F33 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F34 31 (1) The Lord Chancellor shall send to each of the designated judges—

(a) a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and

(b) in a case where he is required to seek the advice of the Consultative Panel and the Director, a copy of the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.

(2) Each of the designated judges shall then consider whether the Lord Chancellor should make the recommendation.

(3) The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.

(4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Textual Amendments

F34 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F35 Consideration by Lord Chancellor E+W

Textual Amendments

F35 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F36 32 Before deciding whether to make the recommendation the Lord Chancellor shall consider—

(a) any representations made under paragraph 30 and the advice given by each of the designated judges; and

(b) in a case where he is required to seek the advice of the Consultative Panel and the Director, the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.

Textual Amendments

F36 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F37 The Order E+W

Textual Amendments

F37 Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)

F38 33 (1) An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision.

(2) Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order.

(3) Where such an Order is made, the Lord Chancellor shall—

(a) give the body written notice of the making of the Order and of his reasons for recommending that it be made;

(b) take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and

(c) publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.

Textual Amendments

F38 Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)