The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018

• Citation: S.I. 2018/457
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018 and comes into force on 1st October 2018.

Section 2 Interpretation and application

(1) In this Order, “the 2007 Act” means the Legal Services Act 2007.

(2) This Order applies to appeals from decisions made by the General Council of the Bar in its capacity as a licensing authority.

Section 3 Appeals to be made to the First-tier Tribunal

(1) The First-tier Tribunal may hear and determine appeals from decisions made by the General Council of the Bar which are appealable under any provision of—

(a) Part 5 of the 2007 Act, or

(b) the General Council of the Bar’s licensing rules .

(2) The First-tier Tribunal may suspend the effect of a decision of the General Council of the Bar (whether or not the decision has already taken effect) while an appeal against that decision has been brought and has not yet been finally determined or withdrawn.

(3) The First-tier Tribunal may, in relation to appeals from the decisions which are appealable under the licensing rules—

(a) affirm the General Council of the Bar’s decision in whole or in part;

(b) quash the General Council of the Bar’s decision in whole or in part;

(c) substitute for all or part of the General Council of the Bar’s decision another decision of a kind that the General Council of the Bar could have made, or

(d) remit a matter to the General Council of the Bar (generally, or for determination in accordance with a finding made or direction given by the First-tier Tribunal).

Section 4 Modifications of the 2007 Act

The Schedule to this Order (which modifies provisions of the 2007 Act) has effect.

Section 1 Modifications to section 96 of the 2007 Act

Section 96 of the 2007 Act (appeals against financial penalties) has effect in relation to a penalty imposed by the General Council of the Bar as if—

(a) in subsection (1), “, before the end of such period as may be prescribed by rules made by the Board,” were omitted;

(b) subsections (6) and (7) were omitted,

(c) for subsection (8) there were substituted—

(8) Except as provided by this section or Part 1 of the Tribunals, Courts and Enforcement Act 2007 , the validity of a penalty is not to be questioned by any legal proceedings whatever.

Section 2 Modifications to Schedule 13 to the 2007 Act

(1) Schedule 13 to the 2007 Act (ownership of licensed bodies) has effect in relation to decisions of the General Council of the Bar with the following modifications.

(2) Paragraph 18 (appeal from decision to approve notified interest subject to conditions) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted,

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(3) Paragraph 20 (appeal from decision to object to a notified interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted,

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(4) Paragraph 29 (appeal from decision to approve a notifiable interest subject to conditions) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted,

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(5) Paragraph 32 (appeal from decision to object to acquisition of a notifiable interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted,

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(6) Paragraph 34 (appeal from decision to impose conditions (or further conditions) on existing restricted interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted,

(c) in sub-paragraph (5), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(7) Paragraph 37 (appeal from decision to object to existing restricted interest) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (4) and (5) were omitted,

(c) in sub-paragraph (6), after “an appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(8) Paragraph 47(4) (notifying the Board of the outcome of an appeal against an objection to holding a restricted interest or the imposition of conditions) has effect as if, for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(9) Paragraph 48(3) (notifying the Board of the outcome of an appeal against the imposition of conditions) has effect as if, for “to the High Court” there were substituted “under Part 1 of the Tribunals, Courts and Enforcement Act 2007”.

(10) Paragraph 50 (appeal from decision to notify the Board where share limit or voting limit breached) has effect as if—

(a) in sub-paragraph (1), “before the end of the prescribed period” were omitted;

(b) sub-paragraphs (3) and (4) were omitted,

(c) in sub-paragraph (5), after “any appeal under this paragraph” there were inserted “or Part 1 of the Tribunals, Courts and Enforcement Act 2007”.