Administration of Justice Act 1985

8 (1) Where, in the case of any body F1 . . . , the Council— E+W

(a) refuses an application by that body for recognition under section 32; or

(b) decides to grant recognition of that body under that section subject to any [F2 conditions],[F3 or

(c) decides to give a direction in relation to that body under section 32(3B), or

(d) refuses an application by that body under section 32(3D),]

that body may appeal to the Discipline and Appeals Committee against that refusal or decision within one month of being notified of it.

(2) On an appeal under [F4 sub-paragraph (1)(a) or (b)] the Discipline and Appeals Committee may—

(a) by order direct the Council to grant recognition of the body in question under section 32, either without [F5 conditions] or subject to such [F6 conditions] as may be specified by the Committee in the direction; or

(b) affirm the refusal or decision of the Council;

and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.

[F7 (2A) On an appeal under sub-paragraph (1)(c), the Discipline and Appeals Committee may—

(a) revoke the direction of the Council under section 32(3B),

(b) direct that the body's recognition is to have effect subject to such conditions as may be specified by the Council in the direction, or

(c) affirm the decision of the Council,

and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.

(2B) On an appeal under sub-paragraph (1)(d), the Discipline and Appeals Committee may—

(a) direct the Council to grant the application, or

(b) affirm the decision of the Council,

and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.]

(3) Rules made by the Council may make provision, as respects any application for recognition that is neither granted nor refused by the Council within such period as may be specified in the rules, for enabling an appeal to be brought under this paragraph in relation to the application as if it had been refused by the Council.

Textual Amendments

F1 Word in Sch. 6 para. 8(1) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 32(10)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(ff)

F2 Word in Sch. 6 para. 8(1)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(10)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F3 Sch. 6 para. 8(1)(c)(d) and preceding word inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(10)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F4 Words in Sch. 6 para. 8(2) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(10)(d) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F5 Words in Sch. 6 para. 8(2)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(10)(e)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F6 Words in Sch. 6 para. 8(2)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(10)(e)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F7 Sch. 6 para. 8(2A)(2B) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 32(10)(f) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)