Courts and Legal Services Act 1990

F1 Part I E+W Designation of bodies and approval of regulations and rules

Textual Amendments

F1 Sch. 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)

C1 Sch. 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))

[F2 F3 Secretary of State] E+W

Textual Amendments

F2 Words 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)

F3 Sch. 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.)

F4 1 (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 [F5 Secretary 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 [F5 Secretary of State] with such additional information as he may reasonably require.

(4) The [F5 Secretary 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 [F6 OFT] and each of the designated judges.

Textual Amendments

F4 Sch. 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.)

F5 Words 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)

F6 Sch. 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)

F7 Advice of Consultative Panel E+W

Textual Amendments

F7 Sch. 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.)

F8 2 (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 [F9 Secretary of State] as it thinks fit.

(4) The Consultative Panel shall publish any advice given by it under this paragraph.

Textual Amendments

F8 Sch. 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.)

F9 Words 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)

F10 Advice of [F11 Office of Fair Trading] E+W

Textual Amendments

F10 Sch. 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.)

F11 Words 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)

F12 3 (1) The [F13 OFT] shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

(2) The applicant shall provide the [F13 OFT] with such additional information as [F14 it]may reasonably require.

(3) When the [F13 OFT] has completed [F15 its]consideration [F15 it]shall give such advice to the [F16 Secretary of State] as [F15 it] thinks fit.

(4) The [F13 OFT] shall publish any advice given by [F17 it] under this paragraph.

(5) The [F13 OFT] 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 [F18 its] 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

F12 Sch. 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.)

F13 Sch. 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)

F14 Word 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)

F15 Words 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)

F16 Words 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)

F17 Word 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)

F18 Word 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)

F19 Representations by applicant E+W

Textual Amendments

F19 Sch. 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.)

F20 4 (1) When the [F21 Secretary of State] has received the advice of the Consultative Panel and the [F22 OFT], 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 [F21 Secretary of State] may agree, to make representations about the advice to the [F21 Secretary of State].

Textual Amendments

F20 Sch. 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.)

F21 Words 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)

F22 Sch. 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)

F23 Advice of designated judges E+W

Textual Amendments

F23 Sch. 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.)

F24 5 (1) The [F25 Secretary of State] shall send to each of the designated judges a copy of—

(a) the advice of the Consultative Panel and the [F26 OFT]; 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 [F25 Secretary of State] as he thinks fit.

Textual Amendments

F24 Sch. 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.)

F25 Words 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)

F26 Sch. 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)

F27 Decision by [F28 Secretary of State] E+W

Textual Amendments

F27 Sch. 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.)

F28 Words 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)

F29 6 (1) After considering—

(a) the advice given by the Consultative Panel and any representations made about it;

(b) the advice given by the [F30 OFT] and any representations made about it; and

(c) the advice given by each of the designated judges,

the [F31 Secretary of State] shall decide whether to grant the application.

(2) When the [F31 Secretary of State] has made his decision he shall notify the applicant of it.

(3) If the [F31 Secretary of State] has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Textual Amendments

F29 Sch. 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.)

F30 Sch. 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)

F31 Words 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)

F32 Effect of grant of application E+W

Textual Amendments

F32 Sch. 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.)

F33 7 Where the application is granted—

(a) the [F34 Secretary 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

F33 Sch. 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.)

F34 Words 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)