Courts and Legal Services Act 1990

SCHEDULE 4

Part I Authorisation of Bodies Part II Approval Required by Section 29 Part III Revocation of Designation of Authorised Body Part I Designation of bodies and approval of regulations and rules Part II Approval in cases of altered regulations, rules or rights Part III Alteration of regulations and rules by order Notice to authorised body 17 (1) If the Secretary of State considers— (a) that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or (b) that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right, he may give written notice to the body. (2) Before giving notice to an authorised body under sub-paragraph (1) the Secretary of State shall inform each of the designated judges that he intends to do so. Representations by authorised body 18 (1) The notice shall invite the authorised body to make representations in writing to the Secretary of State. (2) Any such representations must be made before the end of— (a) the period of three months beginning with the date on which the notice was given; or (b) such other period as the authorised body and the Secretary of State may agree. (3) When that period has expired the Secretary of State shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct. (4) If the Secretary of State proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of— (a) the alterations which he proposes to make; and (b) any representations made under sub-paragraph (2), to the Consultative Panel, the OFT and each of the designated judges. Advice of Consultative Panel 19 (1) The Consultative Panel shall consider whether the alterations should be made. (2) The Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require. (3) When the Consultative Panel has completed its consideration it shall give such advice to the Secretary of State as it thinks fit. (4) The Consultative Panel shall publish any advice given by it under this paragraph. Advice of Office of Fair Trading 20 (1) The OFT shall consider whether making the alterations would have, or be likely to have, any significant effect on competition. (2) The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require. (3) When the OFT has completed its consideration itshall give such advice to the Secretary of State as it thinks fit. (4) The OFT shall publish any advice given by it under this paragraph. (5) The OFTshall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person. (6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45. Further representations by authorised body 21 (1) When the Secretary of State has received the advice of the Consultative Panel and the OFT, he shall send a copy of the advice to the authorised body. (2) The authorised body shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, or such other period as the authorised body and the Secretary of State may agree, to make representations about the advice to the Secretary of State. Advice of designated judges 22 (1) The Secretary of State shall send to each of the designated judges a copy of— (a) the advice of the Consultative Panel and the OFT; and (b) any representations made under paragraph 21(2). (2) Each of the designated judges shall then consider whether the alterations should be made. (3) The Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit. Decision by Secretary of State 23 (1) After considering— (a) the advice given by the Consultative Panel and any representations made about it; (b) the advice given by the OFT and any representations made about it; and (c) the advice given by each of the designated judges under paragraph 22, the Secretary of State shall decide whether to make the alterations. (2) When the Secretary of State has made his decision he shall notify the authorised body of it. (3) If the Secretary of State has decided to make the alterations he shall also notify the authorised body of the reasons for his decision. Order effecting alterations 24 If the Secretary of State has decided to make the alterations he may make an order giving effect to the alterations. Part IV Revocation of designation Order in Council 25 (1) Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Secretary of State may recommend to Her Majesty that an Order in Council be made revoking that designation. (2) A recommendation may be made under sub-paragraph (1) only if— (a) the authorised body has made a written request to the Secretary of State asking for it to be made; (b) the authorised body has agreed in writing to its being made; or (c) the Secretary of State is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed. Requirement to seek advice 26 Where the Secretary of State considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the OFT. Advice of Consultative Panel 27 (1) The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate. (2) The Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require. (3) When the Consultative Panel has completed its investigations it shall— (a) advise the Secretary of State as to whether or not there appear to be grounds for making the recommendation; and (b) if its advice is that there appear to be such grounds, advise the Secretary of State as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it. (4) The Consultative Panel shall publish any advice given by it under this paragraph. Advice of Office of Fair Trading 28 (1) The OFT shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition. (2) The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require. (3) When the OFT has completed its consideration sh all give such advice to the Secretary of State as it thinks fit. (4) The OFT shall publish any advice given by it under this paragraph. (5) The OFTshall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person. (6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45. Notice to authorised body 29 (1) When the Secretary of State has received the advice of the Consultative Panel and the OFT, he may give to the body a notice containing— (a) a copy of the advice; and (b) a statement of the effect of an Order made in pursuance of the recommendation. (2) The notice shall invite the authorised body to make representations in writing to the Secretary of State. (3) Any such representations must be made before the end of— (a) the period of three months beginning with the date on which the notice was given; or (b) such other period as the authorised body and the Secretary of State may agree. Notice to members of authorised body 30 (1) Where the Secretary of State— (a) has given a notice to an authorised body under paragraph 29(1); or (b) is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b), he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation. (2) Any such steps shall include inviting those members and other persons to make representations to the Secretary of State. (3) Any such representations— (a) shall, except in such circumstances as the Secretary of State may specify, be in writing; and (b) must be made before the end of the period of three months beginning with such date as may be specified by the Secretary of State. Advice of designated judges 31 (1) The Secretary of State shall send to each of the designated judges— (a) a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and (b) in a case where he is required to seek the advice of the Consultative Panel and the OFT, a copy of the advice given to him by the Consultative Panel and the OFTand of any representations made under paragraph 29. (2) Each of the designated judges shall then consider whether the Secretary of State should make the recommendation. (3) The Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit. Consideration by Secretary of State 32 Before deciding whether to make the recommendation the Secretary of State shall consider— (a) any representations made under paragraph 30 and the advice given by each of the designated judges; and (b) in a case where he is required to seek the advice of the Consultative Panel and the OFT, the advice given to him by the Consultative Panel and the OFTand of any representations made under paragraph 29. The Order 33 (1) An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision. (2) Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order. (3) Where such an Order is made, the Secretary of State shall— (a) give the body written notice of the making of the Order and of his reasons for recommending that it be made; (b) take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and (c) publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.