Access to Justice Act 1999

46 Bar practising certificates. E+W

(1) If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a “practising certificate”), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates.

(2) Rules made by virtue of subsection (1)—

(a) may provide for the payment of different fees by different descriptions of applicants, but

(b) may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of.

[F1 (i)] the regulation, education and training of barristers and those wishing to become barristers

[F2 (ii) the participation by the Council in law reform and the legislative process,

(iii) the provision by barristers and those wishing to become barristers of free legal services to the public,

(iv) the promotion of the protection by law of human rights and fundamental freedoms, and

(v) the promotion of relations between the Council and bodies representing the members of legal professions in jurisdictions other than England and Wales.]

(3) The [F3 Secretary of State] may by order made by statutory instrument—

(a) amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the [F3 Secretary of State] considers appropriate, or

(b) vary or revoke an order under paragraph (a).

(4) No order shall be made under subsection (3) unless—

(a) the [F3 Secretary of State] has consulted the Council, and

(b) a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the [F3 Secretary of State].

(6) The Council shall provide the [F3 Secretary of State] with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.

Textual Amendments

F1 S. 46(2)(b)(i) renumbered (31.1.2001) by S.I. 2001/135, art. 2

F2 S. 46(2)(b)(ii)-(v) inserted (31.1.2001) by S.I. 2001/135, art. 2

F3 Words in s. 46 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 11(1)(c)