4(1)The Secretary of State may by order provide for the provisions of the Code, or such provisions of the Code as may be specified by the order, to apply to—U.K.
(a)persons authorised by any designated professional body to practise as a member of the profession whose members are regulated by that body; and
[F1(b)persons acting on behalf of persons who are within paragraph (a).]
(2)If the Secretary of State is proposing to act under sub-paragraph (1) he must, before doing so, consult—
(a)the Commissioner;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the [F3Scottish Legal Complaints Commission], if the proposed order would affect a designated professional body in Scotland;
(d)the lay observers appointed under Article 42 of the M1Solicitors (Northern Ireland) Order 1976, if the proposed order would affect a designated professional body in Northern Ireland.
(3)An order under sub-paragraph (1) requires the approval of—
(a)the [F4Department of Justice in Northern Ireland] , if it affects a designated professional body in F5... Northern Ireland;
(b)the Scottish Ministers, if it affects a designated professional body in Scotland.
[F6(4)Before deciding whether or not to give its approval under sub-paragraph (3)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.]
(5)Before deciding whether or not to give their approval under sub-paragraph (3)(b), the Scottish Ministers must consult the Lord President of the Court of Session.
Textual Amendments
F1Sch. 5 para. 4(1)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(d), 48(3); S.I. 2004/2523, art. 2, Sch.
F2Sch. 5 para. 4(2)(b) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 17(3)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(xi)
F3Words in Sch. 5 para. 4(2)(c) substituted (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 196(2)(b), 211(2) (with ss. 29, 192, 193); S.I. 2008/1436, art. 3(a)
F4Words in Sch. 5 para. 4(3)(a) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 9(5)(a) (with arts. 24-28)
F5Words in Sch. 5 para. 4(3)(a) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 17(3)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(xi)
F6Sch. 5 para. 4(4) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 9(5)(b) (with arts. 24-28)
Marginal Citations