Legal Services Act 2007

Appeals E+W

80 Functions of appellate bodies E+W

(1) The Lord Chancellor may by order—

(a) establish a body to hear and determine appeals from decisions, made by a person specified in the order in the person's capacity as a licensing authority, which are appealable under this Part or licensing rules made by the person;

(b) modify, or make any other provision relating to, the functions of a body within subsection (2) or any other body, for the purpose of enabling the body to hear and determine appeals from such decisions.

(2) The bodies mentioned in subsection (1)(b) are—

(a) the Solicitors Disciplinary Tribunal;

(b) the Discipline and Appeals Committee established by the Council of Licensed Conveyancers under section 25 of the Administration of Justice Act 1985 (c. 61).

(3) The Lord Chancellor may make an order under subsection (1) only if—

(a) the Board has made a recommendation in accordance with section 81,

(b) a draft order was annexed to the recommendation, and

(c) the order is in the same form as, or not materially different from, that draft order.

(4) An order under this section may—

(a) make provision as to the payment of fees, and award of costs, in relation to such appeals;

(b) modify provisions made by or under any enactment (including this Act or any Act passed after this Act), prerogative instrument or other instrument or document.

(5) Any provision made by an order under this section may be expressed to be conditional upon the person specified in the order being designated by an order under Part 1 of Schedule 10 as a licensing authority in relation to one or more reserved legal activities.

(6) The powers to make an order conferred by this section are without prejudice to any powers (statutory or non-statutory) which a body may have apart from this section.

Commencement Information

I1 S. 80 in force at 30.11.2010 by S.I. 2010/2842, art. 2

81 Procedural requirements relating to recommendations under section 80 E+W

(1) A recommendation may be made under section 80 only with the consent of—

(a) the person from whose decisions the appeals are to be made, and

(b) where the recommendation is for an order under section 80(1)(b), the body to which appeals are to be made.

(2) Before making a recommendation under that section, the Board must publish a draft of—

(a) the proposed recommendation, and

(b) the proposed draft order.

(3) The draft must be accompanied by a notice which states that representations about the proposals may be made to the Board within a specified period.

(4) Before making any recommendation, the Board must have regard to any representations duly made.

(5) If the draft order to be annexed to the recommendation differs from the draft published under subsection (2)(b) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft order along with a statement detailing the changes made and the reasons for those changes.

Commencement Information

I2 S. 81 in force at 30.11.2010 by S.I. 2010/2842, art. 2