Textual Amendments
F1Sch. 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.)
Textual Amendments
F2Sch. 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)
C1Sch. 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))
Textual Amendments
F3Sch. 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.)
F41(1)If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Lord Chancellor in writing for him—
(a)to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and
(b)to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights.
(2)An application under this paragraph shall be accompanied by—
(a)a statement of the proposed rights;
(b)the proposed qualification regulations and rules of conduct; and
(c)such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.
(3)The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.
(4)The Lord Chancellor shall send a copy of—
(a)the application and accompanying material; and
(b)any information provided under sub-paragraph (3),
to the Consultative Panel, the Director and each of the designated judges.
Textual Amendments
F4Sch. 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.)
Textual Amendments
F5Sch. 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.)
F62(1)The Consultative Panel shall consider whether the application should be granted.
(2)The applicant 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
F6Sch. 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.)
Textual Amendments
F7Sch. 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.)
F83(1)The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.
(2)The applicant 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 applicant) 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
F8Sch. 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.)
Textual Amendments
F9Sch. 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.)
F104(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 applicant.
(2)The applicant 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 applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.
Textual Amendments
F10Sch. 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.)
Textual Amendments
F11Sch. 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.)
F125(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 4(2).
(2)Each of the designated judges shall then consider whether the application should be granted.
(3)The applicant 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
F12Sch. 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.)
Textual Amendments
F13Sch. 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.)
F146(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,
the Lord Chancellor shall decide whether to grant the application.
(2)When the Lord Chancellor has made his decision he shall notify the applicant of it.
(3)If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.
Textual Amendments
F14Sch. 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.)
Textual Amendments
F15Sch. 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.)
F167Where the application is granted—
(a)the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and
(b)the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights.
Textual Amendments
F16Sch. 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.)