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Courts and Legal Services Act 1990
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Version Superseded: 01/01/2010
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Point in time view as at 19/08/2003.
Changes to legislation:
Courts and Legal Services Act 1990,
Part II is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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F1Part IIE+W Approval in cases of altered regulations, rules or rights
Textual Amendments
F1Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
Modifications etc. (not altering text)
C1Sch. 4 Pt. II extended (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. III para. 17(2) (with Sch. 14 para. 7(2))
F2Requirement of approvalE+W
Textual Amendments
F2Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F38(1)If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the [F4Secretary of State].
(2)If an authorised body makes an alteration of—
(a)any rights of audience granted by it (including the grant of a new right of audience); or
(b)any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation),
the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the [F4Secretary of State].
(3)If a question arises whether approval is required by virtue of this paragraph it shall be for the [F4Secretary of State] to decide.
Textual Amendments
F3Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F4Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F5Application to [F6Secretary of State]E+W
Textual Amendments
F5Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F6Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F79(1)An application by a body for the [F8Secretary of State] to approve—
(a)an alteration of qualification regulations or rules of conduct; or
(b)qualification regulations or rules of conduct in relation to altered rights,
shall be made in writing.
(2)The application shall be accompanied by—
(a)the qualification regulations and rules of conduct;
(b)a statement of the alteration of the regulations, rules or rights; and
(c)such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.
(3)The applicant shall provide the [F8Secretary of State] with such additional information as he may reasonably require.
(4)The [F8Secretary of State] shall—
(a)send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and
(b)consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the [F9OFT].
Textual Amendments
F7Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F8Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F9Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F10Early advice of designated judgesE+W
Textual Amendments
F10Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F1110(1)If the [F12Secretary of State] considers that it would not be appropriate to seek the advice of the Consultative Panel or the [F13OFT], he—
(a)shall inform each of the designated judges that that is his view; and
(b)may inform each of them of his provisional view as to whether or not the application should be granted.
(2)If so informed, each of the designated judges shall consider whether the application should be granted.
(3)The applicant 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 [F12Secretary of State] as he thinks fit.
(5)After considering the advice given by each of the designated judges, the [F12Secretary of State] shall consider again whether or not it would be appropriate to seek the advice of either or both of—
(a)the Consultative Panel; and
(b)the [F13OFT],
before deciding whether to grant the application.
Textual Amendments
F11Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F12Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F13Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F14Advice of Consultative PanelE+W
Textual Amendments
F14Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F1511(1)If the [F16Secretary of State] decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of—
(a)the application and accompanying material; and
(b)any information provided under paragraph 9(3).
(2)The Consultative Panel shall consider whether the application should be granted.
(3)The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.
(4)When the Consultative Panel has completed its consideration it shall give such advice to the [F16Secretary of State] as it thinks fit.
(5)The Consultative Panel shall publish any advice given by it under this paragraph.
Textual Amendments
F15Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F16Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F17 Advice of [F18Office of Fair Trading]E+W
Textual Amendments
F17Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F18Words in the cross-heading before Sch. 4 para. 12 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(c); S.I. 2003/766, art. 2, Sch. (with art. 3)
F1912(1)If the [F20Secretary of State] decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the [F21OFT], he shall send to the [F21OFT] a copy of—
(a)the application and accompanying material; and
(b)any information provided under paragraph 9(3).
(2)The [F21OFT] shall consider whether granting the application would have, or be likely to have, any significant effect on competition.
(3)The applicant shall provide the [F21OFT] with such additional information as [F22it] may reasonably require.
(4)When the [F21OFT] has completed [F23its] consideration [F23it] shall give such advice to the [F20Secretary of State] as [F23it] thinks fit.
(5)The [F21OFT] shall publish any advice given by [F24it]under this paragraph.
(6)The [F21OFT]shall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in [F25its] opinion, seriously and prejudicially affect the interests of that person.
(7)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.
Textual Amendments
F19Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F20Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F21Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F22Word in Sch. 4 para. 12(3) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3)
F23Words in Sch. 4 para. 12(4) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(c)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3)
F24Word in Sch. 4 para. 12(5) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(c)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3)
F25Word in Sch. 4 para. 12(6) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(c)(iv); S.I. 2003/766, art. 2, Sch. (with art. 3)
F26Representations by applicantE+W
Textual Amendments
F26Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F2713(1)If the [F28Secretary of State] has sought the advice of the Consultative Panel or the [F29OFT] he shall, on receiving it, send a copy to the applicant.
(2)The applicant 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 applicant and the [F28Secretary of State] may agree, to make representations about the advice to the [F28Secretary of State].
Textual Amendments
F27Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F28Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F29Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F30 Advice or further advice of designated judgesE+W
Textual Amendments
F30Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F3114(1)If the [F32Secretary of State] has sought the advice of the Consultative Panel or the [F33OFT] he shall, on receiving it, send to each of the designated judges a copy of—
(a)the advice; and
(b)any representations made under paragraph 13(2).
(2)Each of the designated judges shall then consider (or consider again) whether the application should be granted.
(3)The applicant 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 [F32Secretary of State] as he thinks fit.
Textual Amendments
F31Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F32Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F33Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F34Decision by [F35Secretary of State]E+W
Textual Amendments
F34Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F35Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F3615(1)After considering—
(a)any advice given by the Consultative Panel and any representations made about it;
(b)any advice given by the [F37OFT] and any representations made about it; and
(c)the advice given by each of the designated judges (under paragraph 10 or 14 or both of those paragraphs),
the [F38Secretary of State] shall decide whether to grant the application.
(2)The [F38Secretary of State] may not refuse the application unless he has received advice from the Consultative Panel.
(3)When the [F38Secretary of State] has made his decision he shall notify the applicant of it.
(4)If the [F38Secretary of State] has decided to refuse the application he shall also notify the applicant of the reasons for his decision.
Textual Amendments
F36Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F37Sch. 4: "OFT" substituted (1.4.2003) in each place for "Director" by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F38Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F39Effect of grant of applicationE+W
Textual Amendments
F39Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F4016Where the application is granted—
(a)in a case within sub-paragraph (1) of paragraph 8, the alteration of the qualification regulations or rules of conduct is approved; and
(b)in a case within sub-paragraph (2) of that paragraph, the qualification regulations or rules of conduct are approved in relation to the rights as altered.
Textual Amendments
F40Sch. 4 substituted (1.1.2000) by 1999 c.22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
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