Immigration and Asylum Act 1999

Extension of scope of the Code

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—

(a) persons authorised by any designated professional body to practise as a member of the profession whose members are regulated by that body; and

(b) persons working under the supervision of such persons.

(2) If the Secretary of State is proposing to act under sub-paragraph (1) he must, before doing so, consult—

(a) the Commissioner;

(b) the Legal Services Ombudsman, if the proposed order would affect a designated professional body in England and Wales;

(c) the Scottish Legal Services Ombudsman, if the proposed order would affect a designated professional body in Scotland;

(d) the lay observers appointed under Article 42 of the [S.I. 1976/582 (N.I. 12).] Solicitors (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 Lord Chancellor, if it affects a designated professional body in England and Wales or Northern Ireland;

(b) the Scottish Ministers, if it affects a designated professional body in Scotland.

(4) Before deciding whether or not to give his approval under sub-paragraph (3)(a), the Lord Chancellor must consult—

(a) the designated judges, if the order affects a designated professional body in England and Wales;

(b) the Lord Chief Justice of Northern Ireland, if it affects a designated professional body in 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.