Access to Justice Bill [H.L.] - continued        House of Lords

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SCHEDULE 5
 
  AUTHORISED BODIES: DESIGNATION AND REGULATIONS AND RULES
     1. For sections 29 and 30 of the Courts and Legal Services Act 1990 substitute-
 
 
"Authorised bodies.     29. The provisions of Schedule 4 shall have effect with respect to the authorisation of bodies for the purposes of sections 27 and 28 and the approval and alteration of qualifying regulations and rules of conduct."
 
     2. For Schedule 4 to that Act substitute-
 
 
 

 
 
 
"SCHEDULE 4
 
AUTHORISED BODIES
  PART I
  DESIGNATION OF BODIES AND APPROVAL OF REGULATIONS AND RULES
 
Application to Lord Chancellor
     1. - (1) If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Lord Chancellor in writing for him-
 
 
    (a) to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and
 
    (b) to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights.
      (2) An application under this paragraph shall be accompanied by-
 
 
    (a) a statement of the proposed rights;
 
    (b) the proposed qualification regulations and rules of conduct; and
 
    (c) such explanatory material (including material about the applicant's constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.
      (3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.
 
      (4) The Lord Chancellor shall send a copy of-
 
 
    (a) the application and accompanying material; and
 
    (b) any information provided under sub-paragraph (3),
  to the Consultative Panel, the Director and each of the designated judges.
 
 
Advice of Consultative Panel
     2. - (1) The Consultative Panel shall consider whether the application should be granted.
 
      (2) The applicant 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 Lord Chancellor as it thinks fit.
 
      (4) The Consultative Panel shall publish any advice given by it under this paragraph.
 
 
Advice of Director General of Fair Trading
     3. - (1) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.
 
      (2) The applicant shall provide the Director with such additional information as he may reasonably require.
 
      (3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.
 
      (4) The Director shall publish any advice given by him under this paragraph.
 
      (5) The Director shall, 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 applicant) the publication of which would, or might in the Director's 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.
 
 
Representations by applicant
     4. - (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice 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 Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.
 
 
Advice of designated judges
     5. - (1) The Lord Chancellor shall send to each of the designated judges a copy of-
 
 
    (a) the advice of the Consultative Panel and the Director; and
 
    (b) any representations made under paragraph 4(2).
      (2) Each of the designated judges shall then 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 Lord Chancellor as he thinks fit.
 
 
Decision by Lord Chancellor
     6. - (1) After considering-
 
 
    (a) the advice given by the Consultative Panel and any representations made about it;
 
    (b) the advice given by the Director and any representations made about it; and
 
    (c) the advice given by each of the designated judges,
  the Lord Chancellor shall decide whether to grant the application.
 
      (2) When the Lord Chancellor has made his decision he shall notify the applicant of it.
 
      (3) If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.
 
 
Effect of grant of application
     7. Where the application is granted-
 
 
    (a) the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and
 
    (b) the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights.
  PART II
  APPROVAL IN CASES OF ALTERED REGULATIONS, RULES OR RIGHTS
 
Requirement of approval
     8. - (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 Lord Chancellor.
 
      (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 Lord Chancellor.
 
      (3) If a question arises whether approval is required by virtue of this paragraph it shall be for the Lord Chancellor to decide.
 
 
Application to Lord Chancellor
     9. - (1) An application by a body for the Lord Chancellor 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 Lord Chancellor with such additional information as he may reasonably require.
 
      (4) The Lord Chancellor 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 Director.
 
Early advice of designated judges
     10. - (1) If the Lord Chancellor considers that it would not be appropriate to seek the advice of the Consultative Panel or the Director, 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 Lord Chancellor as he thinks fit.
 
      (5) After considering the advice given by each of the designated judges, the Lord Chancellor 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 Director,
  before deciding whether to grant the application.
 
 
Advice of Consultative Panel
     11. - (1) If the Lord Chancellor 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 Lord Chancellor as it thinks fit.
 
      (5) The Consultative Panel shall publish any advice given by it under this paragraph.
 
 
Advice of Director General of Fair Trading
     12. - (1) If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Director, he shall send to the Director a copy of-
 
 
    (a) the application and accompanying material; and
 
    (b) any information provided under paragraph 9(3).
      (2) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.
 
      (3) The applicant shall provide the Director with such additional information as he may reasonably require.
 
      (4) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.
 
      (5) The Director shall publish any advice given by him under this paragraph.
 
      (6) The Director 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 the Director's 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.
 
 
Representations by applicant
     13. - (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director 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 Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.
 
 
Advice or further advice of designated judges
     14. - (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director 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 Lord Chancellor as he thinks fit.
 
 
Decision by Lord Chancellor
     15. - (1) After considering-
 
 
    (a) any advice given by the Consultative Panel and any representations made about it;
 
    (b) any advice given by the Director 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 Lord Chancellor shall decide whether to grant the application.
 
      (2) The Lord Chancellor may not refuse the application unless he has received advice from the Consultative Panel.
 
      (3) When the Lord Chancellor has made his decision he shall notify the applicant of it.
 
      (4) If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.
 
 
Effect of grant of application
     16. Where 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.
 
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