SCHEDULES

F1F1SCHEDULE 4

Annotations:

Part I Authorisation of Bodies

Part II Approval Required by Section 29

Part III Revocation of Designation of Authorised Body

C1F2Part I Designation of bodies and approval of regulations and rules

Annotations:
Amendments (Textual)
F2

Sch. 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)

C2F3Part II Approval in cases of altered regulations, rules or rights

Annotations:
Amendments (Textual)
F3

Sch. 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)

F4Part III Alteration of regulations and rules by order

Annotations:
Amendments (Textual)
F4

Sch. 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.)

F5Notice to authorised body

Annotations:
Amendments (Textual)
F5

Sch. 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.)

F617

1

If the F7Secretary 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 F7Secretary of State shall inform each of the designated judges that he intends to do so.

F8Representations by authorised body

Annotations:
Amendments (Textual)
F8

Sch. 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.)

F918

1

The notice shall invite the authorised body to make representations in writing to the F11Secretary 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 F11Secretary of State may agree.

3

When that period has expired the F11Secretary 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 F11Secretary 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 F10OFT and each of the designated judges.

F12Advice of Consultative Panel

Annotations:
Amendments (Textual)
F12

Sch. 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.)

F1319

1

The Consultative Panel shall consider whether the alterations should be made.

2

The F14Secretary 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 F14Secretary of State as it thinks fit.

4

The Consultative Panel shall publish any advice given by it under this paragraph.

F15Advice of F16Office of Fair Trading

Annotations:
Amendments (Textual)
F15

Sch. 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.)

F16

Words in the cross-heading before Sch. 4 para. 20 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)

F1720

1

The F18OFT shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.

2

The F23Secretary of State and the authorised body shall provide the F18OFT with such additional information as F19it may reasonably require.

3

When the F18OFT has completed F20its consideration F20itshall give such advice to the F23Secretary of State as F20it thinks fit.

4

The F18OFT shall publish any advice given by F21it under this paragraph.

5

The F18OFTshall, 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 F22its 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.

F24Further representations by authorised body

Annotations:
Amendments (Textual)
F24

Sch. 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.)

F2521

1

When the F27Secretary of State has received the advice of the Consultative Panel and the F26OFT, 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 F27Secretary of State may agree, to make representations about the advice to the F27Secretary of State.

F28Advice of designated judges

Annotations:
Amendments (Textual)
F28

Sch. 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.)

F2922

1

The F31Secretary of State shall send to each of the designated judges a copy of—

a

the advice of the Consultative Panel and the F30OFT; 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 F31Secretary 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 F31Secretary of State as he thinks fit.

F32Decision by F36Secretary of State

Annotations:
Amendments (Textual)
F32

Sch. 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.)

F3323

1

After considering—

a

the advice given by the Consultative Panel and any representations made about it;

b

the advice given by the F34OFT and any representations made about it; and

c

the advice given by each of the designated judges under paragraph 22,

the F35Secretary of State shall decide whether to make the alterations.

2

When the F35Secretary of State has made his decision he shall notify the authorised body of it.

3

If the F35Secretary of State has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.

F37Order effecting alterations

Annotations:
Amendments (Textual)
F37

Sch. 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.)

F3824

If the F39Secretary of State has decided to make the alterations he may make an order giving effect to the alterations.

F40Part IV Revocation of designation

Annotations:
Amendments (Textual)
F40

Sch. 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.)

F41Order in Council

Annotations:
Amendments (Textual)
F41

Sch. 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.)

F4225

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 F43Secretary 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 F43Secretary of State asking for it to be made;

b

the authorised body has agreed in writing to its being made; or

c

the F43Secretary 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.

F44 Requirement to seek advice

Annotations:
Amendments (Textual)
F44

Sch. 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.)

F4526

Where the F47Secretary 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 F46OFT.

F48 Advice of Consultative Panel

Annotations:
Amendments (Textual)
F48

Sch. 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.)

F4927

1

The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate.

2

The F50Secretary 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 F50Secretary 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 F50Secretary 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.

F51Advice of F52Office of Fair Trading

Annotations:
Amendments (Textual)
F51

Sch. 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.)

F52

Words in the cross-heading before Sch. 4 para. 28 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(e); S.I. 2003/766, art. 2, Sch. (with art. 3)

F5328

1

The F54OFT shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition.

2

The F59Secretary of State and the authorised body shall provide the F54OFT with such additional information as F55it may reasonably require.

3

When the F54OFT has completed F56its consideration sh all give such advice to the F59Secretary of State as F56it thinks fit.

4

The F54OFT shall publish any advice given by F57it under this paragraph.

5

The F54OFTshall, 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 F58its 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.

F60Notice to authorised body

Annotations:
Amendments (Textual)
F60

Sch. 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.)

F6129

1

When the F63Secretary of State has received the advice of the Consultative Panel and the F62OFT, 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 F63Secretary 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 F63Secretary of State may agree.

F64Notice to members of authorised body

Annotations:
Amendments (Textual)
F64

Sch. 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.)

F6530

1

Where the F66Secretary 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 F66Secretary of State.

3

Any such representations—

a

shall, except in such circumstances as the F66Secretary 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 F66Secretary of State.

F67Advice of designated judges

Annotations:
Amendments (Textual)
F67

Sch. 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.)

F6831

1

The F70Secretary 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 F69OFT, a copy of the advice given to him by the Consultative Panel and the F69OFTand of any representations made under paragraph 29.

2

Each of the designated judges shall then consider whether the F70Secretary of State should make the recommendation.

3

The F70Secretary 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 F70Secretary of State as he thinks fit.

F71Consideration by F75Secretary of State

Annotations:
Amendments (Textual)
F71

Sch. 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.)

F7232

Before deciding whether to make the recommendation the F74Secretary 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 F73OFT, the advice given to him by the Consultative Panel and the F73OFTand of any representations made under paragraph 29.

F76The Order

Annotations:
Amendments (Textual)
F76

Sch. 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.)

F7733

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 F78Secretary 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.