SCHEDULES
F1F1SCHEDULE 4
F2Part III Alteration of regulations and rules by order
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.)
F3Notice to authorised body
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.)
F417
1
If the F5Secretary 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 F5Secretary of State shall inform each of the designated judges that he intends to do so.
F6Representations by authorised body
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.)
F718
1
The notice shall invite the authorised body to make representations in writing to the F9Secretary 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 F9Secretary of State may agree.
3
When that period has expired the F9Secretary 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 F9Secretary 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 F8OFT and each of the designated judges.
F10Advice of Consultative Panel
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.)
F1119
1
The Consultative Panel shall consider whether the alterations should be made.
2
The F12Secretary 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 F12Secretary of State as it thinks fit.
4
The Consultative Panel shall publish any advice given by it under this paragraph.
F13Advice of F14Office of Fair Trading
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.)
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)
F1520
1
The F16OFT shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.
2
3
4
5
The F16OFTshall, 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 F20its 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.
F22Further representations by authorised body
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.)
F2321
1
2
F26Advice of designated judges
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.)
F2722
1
The F29Secretary of State shall send to each of the designated judges a copy of—
a
the advice of the Consultative Panel and the F28OFT; 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 F29Secretary 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 F29Secretary of State as he thinks fit.
F30Decision by F34Secretary of State
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.)
Words 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)
F3123
1
After considering—
a
the advice given by the Consultative Panel and any representations made about it;
b
the advice given by the F32OFT and any representations made about it; and
c
the advice given by each of the designated judges under paragraph 22,
the F33Secretary of State shall decide whether to make the alterations.
2
When the F33Secretary of State has made his decision he shall notify the authorised body of it.
3
If the F33Secretary of State has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.
F35Order effecting alterations
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.)
F3624
If the F37Secretary of State has decided to make the alterations he may make an order giving effect to the alterations.
Sch. 4 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(nn) (subject to art. 6)