Clause 36
Legal Services Bill [Lords]
5:15 pm
Nicholas Winterton (Macclesfield, Conservative)
With this it will be convenient to discuss the following:
Clause stand part.
New clause 13—Appeal against public censure
‘(1) An approved regulator in respect of whom the Board decides to publish a statement under section 35 may appeal to the court on one or more of the appeal grounds.
(2) The appeal grounds are —
(a) that the decision was not within the power of the Board under section 35;
(b) that any of the requirements of section 36 have not been complied with in relation to the imposition of the penalty and the interests of the approved regulator have been substantially prejudiced by the non-compliance;
(c) that in all circumstances, the publication of a statement under section 35 is, or the terms of the statement published or to be published are (or would be), manifestly unreasonable or inappropriate;
(d) that the decision is unlawful on any ground that would give rise to a claim for judicial review.
(e) that the decsion is unlawful on any ground that would give rise to a claim for judicial review.
(3) An appeal under subsection (1) must be made within the period of 42 days beginning with the day on which the notice was given to the approved regulator.
(4) Where an appeal is made before the expiry of the 7-day period the Board must not (unless the court otherwise orders) publish the statement until the appeal has been withdrawn or dismissed.
(5) On an appeal under subsection (1), where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the appeal grounds, the court may—
(a) quash the decision to publish a statement, or
(b) vary the terms of the statement (and, where the statement has been published, direct the Board to publish to the same extent the statement as varied).
(6) In this section “the court” means the High Court.’.
Amendment No. 248, in clause 39, page 20, line 3, at end insert—
‘(da) that the imposition of the penalty on any ground that would give rise to a claim for judicial review.’.
Amendment No. 249, in clause 39, page 20, line 27, leave out subsection (7).