Part 5Alternative business structures
Appeals
I180Functions of appellate bodies
1
The Lord Chancellor may by order—
a
establish a body to hear and determine appeals from decisions, made by a person specified in the order in the person's capacity as a licensing authority, which are appealable under this Part or licensing rules made by the person;
b
modify, or make any other provision relating to, the functions of a body within subsection (2) or any other body, for the purpose of enabling the body to hear and determine appeals from such decisions.
2
The bodies mentioned in subsection (1)(b) are—
a
the Solicitors Disciplinary Tribunal;
b
the Discipline and Appeals Committee established by the Council of Licensed Conveyancers under section 25 of the Administration of Justice Act 1985 (c. 61).
3
The Lord Chancellor may make an order under subsection (1) only if—
a
the Board has made a recommendation in accordance with section 81,
b
a draft order was annexed to the recommendation, and
c
the order is in the same form as, or not materially different from, that draft order.
4
An order under this section may—
a
make provision as to the payment of fees, and award of costs, in relation to such appeals;
b
modify provisions made by or under any enactment (including this Act or any Act passed after this Act), prerogative instrument or other instrument or document.
5
Any provision made by an order under this section may be expressed to be conditional upon the person specified in the order being designated by an order under Part 1 of Schedule 10 as a licensing authority in relation to one or more reserved legal activities.
6
The powers to make an order conferred by this section are without prejudice to any powers (statutory or non-statutory) which a body may have apart from this section.
I281Procedural requirements relating to recommendations under section 80
1
A recommendation may be made under section 80 only with the consent of—
a
the person from whose decisions the appeals are to be made, and
b
where the recommendation is for an order under section 80(1)(b), the body to which appeals are to be made.
2
Before making a recommendation under that section, the Board must publish a draft of—
a
the proposed recommendation, and
b
the proposed draft order.
3
The draft must be accompanied by a notice which states that representations about the proposals may be made to the Board within a specified period.
4
Before making any recommendation, the Board must have regard to any representations duly made.
5
If the draft order to be annexed to the recommendation differs from the draft published under subsection (2)(b) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft order along with a statement detailing the changes made and the reasons for those changes.