Courts and Legal Services Act 1990

F1 Part III E+W Alteration of regulations and rules by order

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.)

F2 Notice to authorised body E+W

Textual Amendments

F2 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.)

F3 17 (1) If the [F4 Secretary of State] considers—

(a) that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or

(b) that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,

he may give written notice to the body.

(2) Before giving notice to an authorised body under sub-paragraph (1) the [F4 Secretary of State] shall inform each of the designated judges that he intends to do so.

Textual Amendments

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 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)

F5 Representations by authorised body E+W

Textual Amendments

F5 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.)

F6 18 (1) The notice shall invite the authorised body to make representations in writing to the [F7 Secretary of State].

(2) Any such representations must be made before the end of—

(a) the period of three months beginning with the date on which the notice was given; or

(b) such other period as the authorised body and the [F7 Secretary of State] may agree.

(3) When that period has expired the [F7 Secretary of State] shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct.

(4) If the [F7 Secretary of State] proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of—

(a) the alterations which he proposes to make; and

(b) any representations made under sub-paragraph (2),

to the Consultative Panel, the [F8 OFT] and each of the designated judges.

Textual Amendments

F6 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.)

F7 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)

F8 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)

F9 Advice of Consultative Panel E+W

Textual Amendments

F9 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.)

F10 19 (1) The Consultative Panel shall consider whether the alterations should be made.

(2) The [F11 Secretary of State] and the authorised body 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 [F11 Secretary of State] as it thinks fit.

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

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 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)

F12 Advice of [F13 Office of Fair Trading] E+W

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 Words in the cross-heading before Sch. 4 para. 20 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F14 20 (1) The [F15 OFT] shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.

(2) The [F16 Secretary of State] and the authorised body shall provide the [F15 OFT] with such additional information as [F17 it] may reasonably require.

(3) When the [F15 OFT] has completed [F18 its] consideration [F18 it]shall give such advice to the [F16 Secretary of State] as [F18 it] thinks fit.

(4) The [F15 OFT] shall publish any advice given by [F19 it] under this paragraph.

(5) The [F15 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 authorised body) the publication of which would, or might in [F20 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

F14 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.)

F15 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)

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 Words in Sch. 4 para. 20(2) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(d)(i); S.I. 2003/766, art. 2, Sch. (with art. 3)

F18 Words in Sch. 4 para. 20(3) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(d)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3)

F19 Word in Sch. 4 para. 20(4) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(d)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3)

F20 Word in Sch. 4 para. 20(5) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(d)(iv); S.I. 2003/766, art. 2, Sch. (with art. 3)

F21 Further representations by authorised body E+W

Textual Amendments

F21 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.)

F22 21 (1) When the [F23 Secretary of State] has received the advice of the Consultative Panel and the [F24 OFT], he shall send a copy of the advice to the authorised body.

(2) The authorised body 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 authorised body and the [F23 Secretary of State] may agree, to make representations about the advice to the [F23 Secretary of State].

Textual Amendments

F22 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.)

F23 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)

F24 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)

F25 Advice of designated judges E+W

Textual Amendments

F25 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.)

F26 22 (1) The [F27 Secretary of State] shall send to each of the designated judges a copy of—

(a) the advice of the Consultative Panel and the [F28 OFT]; and

(b) any representations made under paragraph 21(2).

(2) Each of the designated judges shall then consider whether the alterations should be made.

(3) The [F27 Secretary of State] and the authorised body 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 [F27 Secretary of State] as he thinks fit.

Textual Amendments

F26 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.)

F27 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)

F28 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)

F29 Decision by [F30 Secretary of State] E+W

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 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)

F31 23 (1) After considering—

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

(b) the advice given by the [F32 OFT] and any representations made about it; and

(c) the advice given by each of the designated judges under paragraph 22,

the [F33 Secretary of State] shall decide whether to make the alterations.

(2) When the [F33 Secretary of State] has made his decision he shall notify the authorised body of it.

(3) If the [F33 Secretary of State] has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.

Textual Amendments

F31 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.)

F32 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)

F33 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)

F34 Order effecting alterations E+W

Textual Amendments

F34 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.)

F35 24 If the [F36 Secretary of State] has decided to make the alterations he may make an order giving effect to the alterations.

Textual Amendments

F35 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.)

F36 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)