Legal Services Act 2007

87 E+W For paragraph 2 of that Schedule (appeal against refusal of Council to grant recognition) substitute—

“Appeal against refusal of Society to grant recognition etc E+W

2 (1) A body may appeal to the High Court against—

(a) a decision to refuse an application by the body for recognition under section 9;

(b) a decision to impose a condition under subsection (2F) of that section on the body's recognition under that section;

(c) a decision to impose a condition under subsection (2G) of that section on the body's recognition under that section.

(2) A recognised body whose recognition is subject to a condition within section 9(2H)(b) may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition.

(3) Rules made by the Society may make provision, as respects any application for recognition that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this paragraph in relation to the application as if it had been refused by the Society.

(4) On an appeal under sub-paragraph (1)(a) or (b), the High Court may—

(a) affirm the decision of the Society,

(b) direct the Society to grant the body recognition under section 9 free from conditions or subject to such conditions as the High Court may think fit,

(c) direct the Society not to recognise the body,

(d) if the Society has recognised the body, by order suspend the recognition, or

(e) make such other order as the High Court thinks fit.

(5) On an appeal under sub-paragraph (1)(c), the High Court may—

(a) affirm the decision of the Society,

(b) direct that the body's recognition under section 9 is to have effect subject to such conditions as the High Court may think fit,

(c) by order revoke the direction given by the Society under section 9(2G), or

(d) make such other order as the High Court thinks fit.

(6) On an appeal under sub-paragraph (2), the High Court may—

(a) affirm the decision of the Society,

(b) direct the Society to approve the taking of one or more steps for the purposes of a condition within section 9(2H)(b), or

(c) make such other order as the High Court thinks fit.

(7) In relation to an appeal under this paragraph, the High Court may make such order as it thinks fit as to payment of costs.

(8) The decision of the High Court on an appeal under this paragraph is final.”

Commencement Information

I1 Sch. 16 para. 87 in force at 31.3.2009 by S.I. 2009/503, art. 2(b)(ii)