49(1)This paragraph applies if the relevant licensing rules make the provision mentioned in paragraph 38(1)(a) or (b).E+W
(2)The licensing authority may, if it considers it appropriate to do so in all the circumstances of the case, notify the Board where a non-authorised person acquires—
(a)a shareholding in a licensed body or parent undertaking of a licensed body which exceeds the share limit, or
(b)an entitlement to exercise, or control the exercise of, voting rights in a licensed body or parent undertaking of a licensed body which exceeds the voting limit.
(3)If the licensing authority proposes to make a notification under sub-paragraph (2), it must give the person and the licensed body a warning notice.
(4)The warning notice must—
(a)specify the reasons for the proposed notification, and
(b)state that representations may be made to the licensing authority within the prescribed period.
(5)The licensing authority must consider any representations made within the prescribed period.
(6)If the licensing authority notifies the Board under sub-paragraph (2), it must give the person concerned and the licensed body a copy of the notification and a notice stating the reasons for the notification.
(7)If the share limit or voting limit is breached in relation to a parent undertaking of a licensed body, references in sub-paragraphs (3) and (6) to the licensed body include the parent undertaking.
Commencement Information
I1Sch. 13 para. 49 partly in force; Sch. 13 para. 49 not in force at Royal Assent see s. 211; Sch. 13 para. 49(4)(b)(5) in force for certain purposes at 1.1.2009 by S.I. 2008/3149, art. 2(d)(iv)
I2Sch. 13 para. 49(1)-(3)(4)(a) (6) (7) in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(d)
I3Sch. 13 para. 49(4)(b)(5) in force at 1.10.2011 in so far as not already in force by S.I. 2011/2196, art. 2(1)(d)
50(1)The person concerned and the licensed body may before the end of the prescribed period appeal to the relevant appellate body against the notification.E+W
(2)The relevant appellate body may—
(a)dismiss the appeal, or
(b)allow the appeal and order the person's name to be removed from the list kept by the Board under paragraph 51.
(3)A party to the appeal may before the end of the prescribed period appeal to the High Court on a point of law arising from the decision of the relevant appellant body, but only with the permission of the High Court.
(4)The High Court may make such order as it thinks fit.
(5)The licensing authority must notify the Board of the outcome of any appeal under this paragraph, and give the person concerned and the licensed body a copy of the notification.
(6)If the share limit or voting limit is breached in relation to a parent undertaking of a licensed body, references in sub-paragraphs (1) and (5) to the licensed body include the parent undertaking.
Modifications etc. (not altering text)
C1Sch. 13 para. 50 modified (with effect in accordance with art. 2 of the amending S.I.) by Legal Services Act 2007 (Appeals from Licensing Authority Decisions) Order 2011 (S.I. 2011/1712), arts. 2(1), 5, Sch. para. 2(10)
C2Sch. 13 para. 50 modified (18.7.2014) by The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys) Order 2014 (S.I. 2014/1897), art. 2(1), Sch. para. 2(1)(10) (with art. 2(2))
C3Sch. 13 para. 50 modified (18.7.2014) by The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Institute of Chartered Accountants in England and Wales) Order 2014 (S.I. 2014/1898), art. 2, Sch. para. 2(1)(10)
C4Sch. 13 para. 50 modified (1.10.2018) by The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018 (S.I. 2018/457), art. 1, Sch. para. 2(10)
C5Sch. 13 para. 50 modified (6.4.2020) by The Legal Services Act 2007 (Chartered Institute of Legal Executives) (Appeals from Licensing Authority Decisions) Order 2020 (S.I. 2020/301), art. 1, Sch. para. 2(10)
Commencement Information
I4Sch. 13 para. 50 partly in force; Sch. 13 para. 50 not in force at Royal Assent see s. 211; Sch. 13 para. 50(1)(3) in force for certain purposes at 1.1.2009 by S.I. 2008/3149, art. 2(d)(iv)
I5Sch. 13 para. 50(1)(3) in force at 1.10.2011 in so far as not already in force by S.I. 2011/2196, art. 2(1)(d)
I6Sch. 13 para. 50(2)(4) in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(d)