F1Part IIE+W Approval in cases of altered regulations, rules or rights
Textual Amendments
F1Sch. 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)
C1Sch. 4 Pt. II extended (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. III para. 17(2) (with Sch. 14 para. 7(2))
F2Requirement of approvalE+W
Textual Amendments
F2Sch. 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.)
F38(1)If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the Lord Chancellor.
(2)If an authorised body makes an alteration of—
(a)any rights of audience granted by it (including the grant of a new right of audience); or
(b)any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation),
the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the Lord Chancellor.
(3)If a question arises whether approval is required by virtue of this paragraph it shall be for the Lord Chancellor to decide.
Textual Amendments
F3Sch. 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.)
F4Application to Lord ChancellorE+W
Textual Amendments
F4Sch. 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.)
F59(1)An application by a body for the Lord Chancellor to approve—
(a)an alteration of qualification regulations or rules of conduct; or
(b)qualification regulations or rules of conduct in relation to altered rights,
shall be made in writing.
(2)The application shall be accompanied by—
(a)the qualification regulations and rules of conduct;
(b)a statement of the alteration of the regulations, rules or rights; and
(c)such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.
(3)The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.
(4)The Lord Chancellor shall—
(a)send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and
(b)consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the Director.
Textual Amendments
F5Sch. 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.)
F6Early advice of designated judgesE+W
Textual Amendments
F6Sch. 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.)
F710(1)If the Lord Chancellor considers that it would not be appropriate to seek the advice of the Consultative Panel or the Director, he—
(a)shall inform each of the designated judges that that is his view; and
(b)may inform each of them of his provisional view as to whether or not the application should be granted.
(2)If so informed, each of the designated judges shall 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 Lord Chancellor as he thinks fit.
(5)After considering the advice given by each of the designated judges, the Lord Chancellor shall consider again whether or not it would be appropriate to seek the advice of either or both of—
(a)the Consultative Panel; and
(b)the Director,
before deciding whether to grant the application.
Textual Amendments
F7Sch. 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.)
F8Advice of Consultative PanelE+W
Textual Amendments
F8Sch. 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.)
F911(1)If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of—
(a)the application and accompanying material; and
(b)any information provided under paragraph 9(3).
(2)The Consultative Panel shall consider whether the application should be granted.
(3)The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.
(4)When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.
(5)The Consultative Panel shall publish any advice given by it under this paragraph.
Textual Amendments
F9Sch. 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 Advice of Director General of Fair TradingE+W
Textual Amendments
F10Sch. 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.)
F1112(1)If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Director, he shall send to the Director a copy of—
(a)the application and accompanying material; and
(b)any information provided under paragraph 9(3).
(2)The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.
(3)The applicant shall provide the Director with such additional information as he may reasonably require.
(4)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.
(5)The Director shall publish any advice given by him under this paragraph.
(6)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.
(7)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
F11Sch. 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.)
F12Representations by applicantE+W
Textual Amendments
F12Sch. 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.)
F1313(1)If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send a copy 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 Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.
Textual Amendments
F13Sch. 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.)
F14 Advice or further advice of designated judgesE+W
Textual Amendments
F14Sch. 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.)
F1514(1)If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send to each of the designated judges a copy of—
(a)the advice; and
(b)any representations made under paragraph 13(2).
(2)Each of the designated judges shall then consider (or consider again) 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 Lord Chancellor as he thinks fit.
Textual Amendments
F15Sch. 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.)
F16Decision by Lord ChancellorE+W
Textual Amendments
F16Sch. 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.)
F1715(1)After considering—
(a)any advice given by the Consultative Panel and any representations made about it;
(b)any advice given by the Director and any representations made about it; and
(c)the advice given by each of the designated judges (under paragraph 10 or 14 or both of those paragraphs),
the Lord Chancellor shall decide whether to grant the application.
(2)The Lord Chancellor may not refuse the application unless he has received advice from the Consultative Panel.
(3)When the Lord Chancellor has made his decision he shall notify the applicant of it.
(4)If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.
Textual Amendments
F17Sch. 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.)
F18Effect of grant of applicationE+W
Textual Amendments
F18Sch. 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.)
F1916Where the application is granted—
(a)in a case within sub-paragraph (1) of paragraph 8, the alteration of the qualification regulations or rules of conduct is approved; and
(b)in a case within sub-paragraph (2) of that paragraph, the qualification regulations or rules of conduct are approved in relation to the rights as altered.
Textual Amendments
F19Sch. 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.)