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Regulation 22 Applications for approval of ABWOR

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

(1)

The approval of the Board shall not be required for ABWOR to be given in accordance with arrangements made by the Board under regulation 7.

(2)

The approval of the Board shall not be required for ABWOR to which Part III of the Act applies by virtue of regulation 7(1)(b), 7(1)(c), or 8 of the Scope Regulations.

(3)

Subject to paragraph (1), where it appears to the solicitor that the client needs ABWOR to which Part III of the Act applies by virtue of regulation 7(1)(a), 7(2) or 9 of the Scope Regulations, he shall apply to the Area Director for approval.

(4)

The application for approval shall be on a form approved by the Board and the solicitor shall supply such information as may enable the Area Director to consider and determine it.

(5)

An application for approval shall be refused unless it is shown that the client has reasonable grounds for taking, defending or being a party to the proceedings to which it relates.

(6)

An application for approval may be refused if it appears unreasonable that approval should be granted in the particular circumstances of the case.

(7)

The Area Director may grant an application for approval in whole or in part and may impose such conditions as to the conduct of the proceedings to which his approval relates as he thinks fit, and in particular it shall be a condition of every approval that the prior permission of the Area Director shall be required–

(a)

to obtain a report or opinion of an expert; or

(b)

to tender expert evidence; or

(c)

to perform an act which is either unusual in its nature or involves unusually large expenditure;

unless such permission has been included in the grant of approval.

(8)

An approval of ABWOR shall include an extension in respect of the matter to which it relates and, without prejudice to paragraph (7), the Area Director may prescribe such higher limit as he thinks fit.