Rules governing decisions by the BoardE+W
11(1)The Board must make rules specifying how it will determine applications.E+W
(2)Rules under sub-paragraph (1) must, in particular, provide that the Board may grant an application in relation to a particular reserved legal activity only if it is satisfied—
(a)that the applicant's proposed licensing rules in relation to the activity comply with the requirements of section 83;
(b)that, if an order were to be made under paragraph 15 designating the body in relation to the activity, there would be a body with power to hear and determine appeals which, under this Part or the applicant's proposed licensing rules, may be made against decisions of the applicant;
(c)that, if an order were to be made under paragraph 15 designating the body in relation to the activity, the applicant would have appropriate internal governance arrangements in place at the time the order takes effect;
(d)that, if an order were made under paragraph 15 designating the body in relation to the activity, the applicant would be competent, and have sufficient resources, to perform the role of licensing authority in relation to the activity at the time the order takes effect.
(3)The rules made for the purposes of sub-paragraph (2)(c) must in particular require the Board to be satisfied—
(a)that the exercise of the applicant's regulatory functions would not be prejudiced by any of its representative functions, and
(b)that decisions relating to the exercise of its regulatory functions would so far as reasonably practicable be taken independently from decisions relating to the exercise of its representative functions.