Courts and Legal Services Act 1990

Issue of licences E+W

4 (1) If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that— E+W

(a) the applicant has complied with such qualification regulations, [F1 conduct rules] or other requirements as are applicable in his case in relation to the licence applied for;

(b) that he has made adequate arrangements for the purpose of complying with any provisions which are applicable in his case in relation to the licence applied for; and

(c) that he is a fit and proper person to [F2 carry on the reserved legal activities] in question,

the Council may issue the applicant either with a licence free of conditions or with a licence subject to such conditions as it sees fit to impose.

(2) If the Council is for any reason not so satisfied, or for any other reason refuses the application, it shall notify the applicant of its refusal and of the grounds on which the application has been refused.

(3) Subsections (3) to (6) of section 15 of the Act of 1985 (issue of licences under section 14 of that Act) shall apply, with the necessary modifications, [F3 with respect to—

(a) any application under paragraph 3 for an advocacy licence and any advocacy licence in force under section 53;

(b) any application under paragraph 3 for a litigation licence and any litigation licence in force under section 53; and

(c) any application under paragraph 3 for a probate licence and any probate licence in force under section 53 (as the case may be),

as they] apply with respect to any application under section 14 of that Act and any licence under Part II of that Act.

Textual Amendments

F1 Words in Sch. 8 para. 4(1)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(4)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F2 Words in Sch. 8 para. 4(1)(c) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(4)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F3 Words in Sch. 8 para. 4(3) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(4); S.I. 2015/1402, art. 2(b)

Commencement Information

I1 Sch. 8 Pt. 1 para. 4 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 4 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 4 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2