Paragraph 4

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 5 para. 6(2A)(2B) inserted by Border Security, Asylum and Immigration Act 2025 Sch. 1 para. 14(3)(b)
Sch. 5 para. 9A-9C and cross-heading inserted by Border Security, Asylum and Immigration Act 2025 Sch. 1 para. 14(5)
Sch. 5 para. 5(3)(ba) inserted by Border Security, Asylum and Immigration Act 2025 Sch. 1 para. 14(2)
Sch. 5 para. 6(2) words substituted by Border Security, Asylum and Immigration Act 2025 Sch. 1 para. 14(3)(a)

(1)

The Secretary of State may by order provide for the provisions of the Code, or such provisions of the Code as may be specified by the order, to apply to—

(a)

persons authorised by any designated professional body to practise as a member of the profession whose members are regulated by that body; and

F1(b)

persons acting on behalf of persons who are within paragraph (a).

(2)

If the Secretary of State is proposing to act under sub-paragraph (1) he must, before doing so, consult—

(a)

the Commissioner;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the F3Scottish Legal Complaints Commission, if the proposed order would affect a designated professional body in Scotland;

(d)

the F4Legal Services Oversight Commissioner for Northern Ireland, if the proposed order would affect a designated professional body in Northern Ireland.

(3)

An order under sub-paragraph (1) requires the approval of—

(a)

the F5Department of Justice in Northern Ireland, if it affects a designated professional body in F6... Northern Ireland;

(b)

the Scottish Ministers, if it affects a designated professional body in Scotland.

F7(4)

Before deciding whether or not to give its approval under sub-paragraph (3)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.

(5)

Before deciding whether or not to give their approval under sub-paragraph (3)(b), the Scottish Ministers must consult the Lord President of the Court of Session.

Annotations

Textual amendments

F1: Sch. 5 para. 4(1)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(d), 48(3); S.I. 2004/2523, art. 2, Sch.
F2: Sch. 5 para. 4(2)(b) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 17(3)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(xi)
F3: Words in Sch. 5 para. 4(2)(c) substituted (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 196(2)(b), 211(2) (with ss. 29, 192, 193); S.I. 2008/1436, art. 3(a)
F4: Words in Sch. 5 para. 4(2)(d) substituted (N.I.) (1.9.2025) by Legal Complaints and Regulation Act (Northern Ireland) 2016 (c. 14), s. 55, Sch. 4 para. 6; S.R. 2025/143, art. 2(1)
F5: Words in Sch. 5 para. 4(3)(a) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 9(5)(a) (with arts. 24-28)
F6: Words in Sch. 5 para. 4(3)(a) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 17(3)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(xi)
F7: Sch. 5 para. 4(4) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 9(5)(b) (with arts. 24-28)