Valid from 01/01/2000
F1Part IVE+W Revocation of designation
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.)
F2Order in CouncilE+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.)
F325(1)Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.
(2)A recommendation may be made under sub-paragraph (1) only if—
(a)the authorised body has made a written request to the Lord Chancellor asking for it to be made;
(b)the authorised body has agreed in writing to its being made; or
(c)the Lord Chancellor is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed.
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.)
F4 Requirement to seek adviceE+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.)
F526Where the Lord Chancellor considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice 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.)
F6 Advice of Consultative PanelE+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.)
F727(1)The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate.
(2)The Lord Chancellor 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 investigations it shall—
(a)advise the Lord Chancellor as to whether or not there appear to be grounds for making the recommendation; and
(b)if its advice is that there appear to be such grounds, advise the Lord Chancellor as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it.
(4)The Consultative Panel shall publish any advice given by it under this paragraph.
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 Director General of Fair TradingE+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.)
F928(1)The Director shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition.
(2)The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require.
(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.
(4)The Director shall publish any advice given by him under this paragraph.
(5)The Director 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 the Director’s 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
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.)
F10Notice to authorised bodyE+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.)
F1129(1)When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he may give to the body a notice containing—
(a)a copy of the advice; and
(b)a statement of the effect of an Order made in pursuance of the recommendation.
(2)The notice shall invite the authorised body to make representations in writing to the Lord Chancellor.
(3)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 Lord Chancellor may agree.
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.)
F12Notice to members of authorised bodyE+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.)
F1330(1)Where the Lord Chancellor—
(a)has given a notice to an authorised body under paragraph 29(1); or
(b)is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b),
he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation.
(2)Any such steps shall include inviting those members and other persons to make representations to the Lord Chancellor.
(3)Any such representations—
(a)shall, except in such circumstances as the Lord Chancellor may specify, be in writing; and
(b)must be made before the end of the period of three months beginning with such date as may be specified by 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.)
F14Advice 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.)
F1531(1)The Lord Chancellor shall send to each of the designated judges—
(a)a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and
(b)in a case where he is required to seek the advice of the Consultative Panel and the Director, a copy of the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.
(2)Each of the designated judges shall then consider whether the Lord Chancellor should make the recommendation.
(3)The Lord Chancellor 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 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.)
F16Consideration 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.)
F1732Before deciding whether to make the recommendation the Lord Chancellor shall consider—
(a)any representations made under paragraph 30 and the advice given by each of the designated judges; and
(b)in a case where he is required to seek the advice of the Consultative Panel and the Director, the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.
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.)
F18The OrderE+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.)
F1933(1)An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision.
(2)Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order.
(3)Where such an Order is made, the Lord Chancellor shall—
(a)give the body written notice of the making of the Order and of his reasons for recommending that it be made;
(b)take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and
(c)publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.
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.)