Administration of Justice Act 1985

29 Appeals from decisions of Council in relation to licences. E+W

(1) Where, in the case of any person, the Council—

(a) refuses an application for a licence made by that person;

(b) decides to issue that person with a licence subject to conditions under section 16; F1 . . .

(c) decides to give a direction in relation to that person under section 17,[F2 or

(d) refuses an application made by that person under section 17A,]

that person may appeal to the Discipline and Appeals Committee against that refusal or decision within one month of being notified of it.

(2) On an appeal under this section the Discipline and Appeals Committee may—

(a) in the case of an appeal under subsection (1)(a) or (b), by order direct the Council to issue the appellant with—

(i) a licence free from conditions; or

(ii) a licence subject to such conditions as may be specified by the Committee in the direction;

(b) in the case of an appeal under subsection (1)(c), by order—

(i) revoke the direction of the Council under section 17; or

(ii) direct that the appellant’s licence shall have effect subject to such conditions as may be specified by the Committee in the direction;

[F3 (ba) in the case of an appeal under subsection (1)(d), by order direct the Council to grant the application;]

(c) in any case, except an appeal in respect of a deemed refusal under section 15(3), affirm the refusal or decision of the Council appealed against;

(d) in the said excepted case, by order direct the Council not to issue a licence to the appellant.

(3) On an appeal under this section the Committee may make such order as to the payment of costs by the Council or by the appellant as they think fit.

Textual Amendments

F1 Word in s. 29(1)(b) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 18(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(aa)

F2 S. 29(1)(d) and preceding word inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 18(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F3 S. 29(2)(ba) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 18(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)