Legal Services Regulation Act 2015

175.

Revocation of grant of Patent

175. (1) The Government may, on a recommendation from the Committee made in accordance with this section, revoke the grant of a Patent.

(2) Where the High Court makes an order referred to in section 85(7)(g) in relation to a legal practitioner, the Authority shall apply to the Committee for—

(a) its consideration, in accordance with this section, of whether the grant of a Patent to that legal practitioner should be revoked, and

(b) subject to paragraph (a), its recommendation to the Government that that grant be revoked.

(3) An application under subsection (2) shall be accompanied by—

(a) a statement of the reasons for the application,

(b) copies of all documents that were before the Disciplinary Tribunal in the making of its determination under section 81(8) , and

(c) such other information, and such fee, as may be prescribed.

(4) The Committee, on receipt of an application under subsection (2), shall notify the person concerned in writing of the application.

(5) A notification under subsection (4) shall include—

(a) a copy of all documents furnished to the Committee in the application under subsection (2),

(b) a statement that the person concerned may, within 30 working days of the sending of the notification or such other period as the Committee, having regard to the requirements of justice, may specify, make representations in the prescribed manner to the Committee as to why the grant should not be revoked, and

(c) a statement that, where no representations are received within the period specified under paragraph (b), the Committee will, without further notice, proceed to consider the application.

(6) In considering an application under subsection (2), the Committee shall take into account—

(a) the information furnished in the application,

(b) any representations made pursuant to subsection (5)(b), and

(c) any other matter the Committee considers relevant for the purpose of its decision.

(7) The Committee shall decide to recommend to the Government that the grant of a Patent be revoked only where satisfied, on the basis of the representations and matters referred to in subsection (6), that the person concerned no longer meets the criteria established under section 173 .

(8) Where the Committee makes a decision referred to in subsection (7), it shall notify the person concerned in writing of its decision and of the reasons for it.

(9) A person referred to in subsection (8) may, within 30 working days of the sending of the notification under that subsection, appeal to the High Court against the decision of the Committee.

(10) On hearing an appeal under subsection (9), the High Court may, as it thinks proper, either affirm or overturn the decision concerned.

(11) The Committee shall recommend to the Government that the grant of a Patent to a person referred to in subsection (8) be revoked only—

(a) where no appeal is made under subsection (9), after the expiry of the period referred to in that subsection,

(b) where an appeal is made under subsection (9), if the High Court affirms the decision concerned.

(12) The Minister may prescribe—

(a) the form of application under subsection (2),

(b) the information and fee (if any) that is to accompany such an application, and

(c) any other matters that the Minister considers necessary for the purposes of this section.