xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
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
F3Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
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.)
F51(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 [F6Secretary of State] 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 [F6Secretary of State] with such additional information as he may reasonably require.
(4)The [F6Secretary of State] 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 [F7OFT] and each of the designated judges.
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.)
F6Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F7Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
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.)
F92(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 [F10Secretary of State] as it thinks fit.
(4)The Consultative Panel shall publish any advice given by it under this paragraph.
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.)
F10Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
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.)
F12Words in the cross-heading before Sch. 4 para. 3 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F133(1)The [F14OFT] shall consider whether granting the application would have, or be likely to have, any significant effect on competition.
(2)The applicant shall provide the [F14OFT] with such additional information as [F15it]may reasonably require.
(3)When the [F14OFT] has completed [F16its]consideration [F16it]shall give such advice to the [F17Secretary of State] as [F16it] thinks fit.
(4)The [F14OFT] shall publish any advice given by [F18it] under this paragraph.
(5)The [F14OFT] 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 [F19its] 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
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.)
F14Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F15Word in Sch. 4 para. 3(2) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(b)(i); S.I. 2003/766, art. 2, Sch. (with art. 3)
F16Words in Sch. 4 para. 3(3) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(b)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3)
F17Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F18Word in Sch. 4 para. 3(4) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(b)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3)
F19Word in Sch. 4 para. 3(5) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(b)(iv); S.I. 2003/766, art. 2, Sch. (with art. 3)
Textual Amendments
F20Sch. 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.)
F214(1)When the [F22Secretary of State] has received the advice of the Consultative Panel and the [F23OFT], 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 [F22Secretary of State] may agree, to make representations about the advice to the [F22Secretary of State].
Textual Amendments
F21Sch. 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.)
F22Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F23Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
Textual Amendments
F24Sch. 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.)
F255(1)The [F26Secretary of State] shall send to each of the designated judges a copy of—
(a)the advice of the Consultative Panel and the [F27OFT]; 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 [F26Secretary of State] as he thinks fit.
Textual Amendments
F25Sch. 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.)
F26Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F27Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
Textual Amendments
F28Sch. 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.)
F29Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F306(1)After considering—
(a)the advice given by the Consultative Panel and any representations made about it;
(b)the advice given by the [F31OFT] and any representations made about it; and
(c)the advice given by each of the designated judges,
the [F32Secretary of State] shall decide whether to grant the application.
(2)When the [F32Secretary of State] has made his decision he shall notify the applicant of it.
(3)If the [F32Secretary of State] has decided to refuse the application he shall also notify the applicant of the reasons for his decision.
Textual Amendments
F30Sch. 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.)
F31Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F32Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
Textual Amendments
F33Sch. 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.)
F347Where the application is granted—
(a)the [F35Secretary of State] 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
F34Sch. 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.)
F35Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)