Title and introductory text
2014 No. 1897
Legal Services, England And Wales
The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys) Order 2014
Made
17th July 2014
Coming into force in accordance with article 2
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 80(1)(b), (4) and (5) and 204(3) and (4) of the Legal Services Act 2007.
In accordance with section 80(3) of that Act, the Order is made following a recommendation made by the Legal Services Board to which was annexed a draft order which was in a form not materially different from this Order.
The Legal Services Board made its recommendation under section 80 of that Act with the consents required by section 81(1) of that Act and having complied with the requirements of section 81(2) to (5) of that Act.
A draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 206(4) and (5) of the Legal Services Act 2007.
Propose a change1 Citation
This Order may be cited as the Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys) Order 2014.
Propose a change2 Commencement
(1) Except as provided in paragraph (2), this Order comes into force on the day after the day on which it is made.
(2) Articles 4 and 5 of this Order—
(a) do not have effect unless an order is made designating both CIPA and ITMA as licensing authorities under Part 1 of Schedule 10 to the 2007 Act in relation to one or more reserved legal activities; and
(b) where such an order is made, come into force at the same time as that order.
Propose a change3 Interpretation and application
(1) In this Order—
“the 2007 Act” means the Legal Services Act 2007;
“CIPA” means the Chartered Institute of Patent Attorneys;
“ITMA” means the Institute of Trade Mark Attorneys;
“relevant body” means CIPA or ITMA (or both CIPA and ITMA where they act jointly).
(2) This Order applies to appeals from decisions made by the relevant body in its capacity as a licensing authority.
Propose a change4 Appeals to be made to the First-tier Tribunal
(1) The First-tier Tribunal may hear and determine appeals from decisions made by the relevant body which are appealable under any provision of—
(a) Part 5 of the 2007 Act; or
(b) the relevant body’s licensing rules.
(2) The First-tier Tribunal may, in relation to appeals from decisions which are appealable under the licensing rules—
(a) affirm the relevant body’s decision in whole or in part;
(b) quash the relevant body’s decision in whole or in part;
(c) substitute for all or part of the relevant body’s decision another decision of a kind that the relevant body could have taken; or
(d) remit a matter to the relevant body (generally, or for determination in accordance with a finding made or direction given by the First-tier Tribunal).
Propose a change5 Modifications of the 2007 Act
The Schedule to this Order (which modifies provisions of the 2007 Act) has effect.
Propose a changeSCHEDULE Modifications to the 2007 Act
Article 5
1 Section 96 of the 2007 Act (appeals against financial penalties) has effect in relation to a penalty imposed by the relevant body as if—
(a) in subsection (1), “, before the end of such period as may be prescribed by rules made by the Board,” were omitted;
(b) subsections (6) and (7) were omitted; and
(c) for subsection (8) there were substituted—
(8) Except as provided by this section or Part 1 of the Tribunals, Courts and Enforcement Act 2007, the validity of a penalty is not to be questioned by any legal proceedings whatever.
.
2 (1) Schedule 13 (ownership of licensed bodies) has effect in relation to decisions of the relevant body with the following modifications.
(2) Paragraph 18 (appeal from decision to approve notified interest subject to conditions) has effect as if—
(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;
(b) sub-paragraphs (3) and (4) were omitted; and
(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(3) Paragraph 20 (appeal from decision to object to a notified interest) has effect as if—
(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;
(b) sub-paragraphs (3) and (4) were omitted; and
(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(4) Paragraph 29 (appeal from decision to approve a notifiable interest subject to conditions) has effect as if—
(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;
(b) sub-paragraphs (3) and (4) were omitted; and
(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(5) Paragraph 32 (appeal from decision to object to acquisition of a notifiable interest) has effect as if—
(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;
(b) sub-paragraphs (3) and (4) were omitted; and
(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(6) Paragraph 34 (appeal from decision to impose conditions (or further conditions) on existing restricted interest) has effect as if—
(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;
(b) sub-paragraphs (3) and (4) were omitted; and
(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(7) Paragraph 37 (appeal from decision to object to existing restricted interest) has effect as if—
(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;
(b) sub-paragraphs (4) and (5) were omitted; and
(c) in sub-paragraph (6), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(8) Paragraph 47 (notifying the Board of objection or condition as to a person’s holding of a restricted interest) has effect as if, in sub-paragraph (4), for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(9) Paragraph 48 (notifying the Board of approval of the holding of a restricted interest by a person included in the Board’s list of persons subject to objections and conditions) has effect as if, in sub-paragraph (3), for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
(10) Paragraph 50 (appeal from decision to notify the Board where share limit or voting limit breached) has effect as if—
(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;
(b) sub-paragraphs (3) and (4) were omitted; and
(c) in sub-paragraph (5), after “any appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.
Propose a change