Regulation 151 The Restrictive Practices Court
Except in so far as otherwise provided by this regulation, these Regulations shall apply to applications for legal aid for proceedings in the Court under Part III of the Fair Trading Act 1973f3 and to any proceedings in the Court in consequence of an order made, or undertaking given to the Court, under that Part of that Act, and to the conduct of all such proceedings for which a certificate is granted, in the same way as they apply to applications for legal aid for, and the conduct of, proceedings in any court.
Where any power to do any act or exercise any jurisdiction or discretion is conferred by these Regulations on a court it shall in relation to proceedings in the Court be exercised by that Court and may, unless it is exercisable only during the hearing of any proceedings by a judge or by the Court, be exercisable by the proper officer of the Court.
Where it appears to the Area Director that an application for a certificate relates to proceedings in the Court which are likely to be conducted in Scotland or Northern Ireland, he shall transmit the application forthwith to the Chief Executive of the Legal Aid Board in Scotland or the Secretary of the Legal Aid Department of the Incorporated Law Society of Northern Ireland, as the case may be, and shall notify the applicant and his solicitor accordingly.
Where it appears to the Area Director doubtful whether the proceedings to which an application for a certificate relates will be conducted in the Court in England and Wales or in Scotland or Northern Ireland, he shall request the proper officer of the Court to determine that question and that determination shall be binding upon the Area Director.
Where a certificate has been issued and there is a change of circumstances regarding the conduct of the proceedings in that, by order of the Court, they will be wholly or partly conducted in Scotland or Northern Ireland–
the certificate shall remain in force; and
for any proceedings in Scotland–
the assisted person shall continue to be represented in the proceedings by the solicitor who represented him in England and Wales and that solicitor may instruct a member of the English or the Scottish Bar; and
no question as to the propriety of appearing in Scotland shall be raised on a taxation or on an assessment in accordance with regulation 105; and
for any proceedings in Northern Ireland, the assisted person shall continue to be represented in the proceedings by the solicitor who represented him in England and Wales and that solicitor shall instruct as his agent a solicitor on the panel maintained by the Incorporated Law Society of Northern Ireland of solicitors willing to act for assisted persons before the Court.
The costs of an assisted person in respect of proceedings in the Court shall be assessed in accordance with regulation 105 or taxed on the standard basis by a taxing master of the Supreme Court, and the provisions of Order 62 of the Rules of the Supreme Court 1965 shall apply, with the necessary modifications, to the taxation of those costs as if the proceedings in the Court were a cause or matter in the Supreme Court.