(1)The Secretary of State may make rules authorising the registrar to refuse to recognise as agent in respect of any business under this Act—
(a)a person who has been convicted of an offence under section 84 (unregistered persons describing themselves as registered trade mark agents);
(b)an individual whose name has been erased from and not restored to, or who is suspended from, the register of trade mark [F1attorneys] on the ground of misconduct;
(c)a person who is found by the Secretary of State to have been guilty of such conduct as would, in the case of an individual registered in the register of trade mark [F2attorneys], render him liable to have his name erased from the register on the ground of misconduct;
(d)a partnership or body corporate of which one of the partners or directors is a person whom the registrar could refuse to recognise under paragraph (a), (b) or (c) above.
(2)The rules may contain such incidental and supplementary provisions as appear to the Secretary of State to be appropriate and may, in particular, prescribe circumstances in which a person is or is not to be taken to have been guilty of misconduct.
Textual Amendments
F1Word in s. 88(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 114(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F2Word in s. 88(c) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 114(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
Commencement Information
I1S. 88 wholly in force at 31.10.1994; s. 88 not in force at Royal Assent see s. 109; s. 88 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.