Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Procedure etc. in Civil Courts
Allocation and transfer of business
The Lord Chancellor may by order make provision—
conferring jurisdiction on the High Court in relation to proceedings in which the family court or the county court has jurisdiction;
conferring jurisdiction on the family court or the county court in relation to proceedings in which the High Court has jurisdiction;
allocating proceedings to the High Court or to the family court or to the county court ;
specifying proceedings which may be commenced only in the High Court;
specifying proceedings which may be commenced only in the family court,
specifying proceedings which may be commenced only in the county court;
specifying proceedings which may be taken only in the High Court;
specifying proceedings which may be taken only in the family court;
specifying proceedings which may be taken only in the county court.
An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.
Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.
The criteria so specified may, in particular, relate to—
the value of an action (as defined by the order);
the nature of the proceedings;
the parties to the proceedings;
any relationship between the proceedings and any other proceedings;
the degree of complexity likely to be involved in any aspect of the proceedings; and
the importance of any question likely to be raised by, or in the course of, the proceedings.
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Any such order may—
amend or repeal any provision falling within subsection (8) and relating to—so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or
the jurisdiction, practice or procedure of the Senior Courts ; or
the jurisdiction, practice or procedure of the county court, or
the jurisdiction, practice or procedure of the family court,
make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.
A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.
Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court and the Senior Presiding Judge (appointed under section 72).
No such order shall be made so as to confer jurisdiction on the family court or the county court to hear any application for judicial review.
For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.
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The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
The following section shall be substituted for section 40 of the County Courts Act 1984 (transfer of proceedings to county court)—
In section 41 of the County Courts Act 1984 (transfer to High Court by order of the High Court), the following subsection shall be added at the end—
The following section shall be substituted for section 42 of the County Courts Act 1984 (transfer to High Court by order of a county court)—
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Remedies
The following section shall be substituted for sections 38 and 39 of the County Courts Act 1984 (general ancillary jurisdiction and ancillary powers of judge)—
Costs
The following section shall be substituted for section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal and High Court)—
In section 52 of that Act (costs in Crown Court) the following subsection shall be inserted after subsection (2)—.
Evidence
Rules of court may make provision—
requiring, in specified circumstances, any party to civil proceedings to serve on the other parties a written statement of the oral evidence which he intends to adduce on any issue of fact to be decided at the trial;
enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and
prohibiting a party who fails to comply with such a requirement or direction from adducing oral evidence on the issue of fact to which it relates.
Where a party to proceedings has refused to comply with such a requirement or direction, the fact that his refusal was on the ground that the required statement would have been a document which was privileged from disclosure shall not affect any prohibition imposed by virtue of subsection (1)(c).
This section is not to be read as prejudicing in any way any other power to make rules of court.
In section 64 of the County Courts Act 1984 (references to arbitration) the following subsections shall be inserted after subsection (2)—
Appeals
Section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal) shall be amended as follows.
In subsection (1), paragraphs (e), (f) and (h) (which deal with cases in which leave is required for an appeal) shall be omitted.
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In this section “case” means any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate.
Rules of court may provide for the Court of Appeal, in such classes of case as may be specified in the rules, to have power, in place of ordering a new trial, to substitute for the sum awarded by the jury such sum as appears to the court to be proper.
This section is not to be read as prejudicing in any way any other power to make rules of court.
Family proceedings
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Miscellaneous
The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in the county court of such a kind as may be specified in the order.
The power to make an order may only be exercised in relation to proceedings—or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.
for the recovery of amounts due under contracts for the supply of goods or services;
for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order;
on any application under the Consumer Credit Act 1974;
in relation to domestic premises; or
dealt with as a small claim in accordance with rules of court,
Where an order is made under this section, section 20 of the Solicitors Act 1974 (unqualified person not to act as solicitor) shall cease to apply in relation to proceedings of the kind specified in the order.
Where the county court is of the opinion that a person who would otherwise have a right of audience by virtue of an order under this section is behaving in an unruly manner in any proceedings, it may refuse to hear him in those proceedings.
Where the county court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.
Where, in any proceedings in the county court—the judge may order that person’s disqualification from exercising any right of audience or any right to conduct litigation in proceedings in the county court.
a person is exercising a right of audience or a right to conduct litigation;
he would not be entitled to do so were it not for an order under this section; and
the judge has reason to believe that (in those or any other proceedings in which he has exercised a right of audience or a right to conduct litigation) that person has intentionally misled the court, or otherwise demonstrated that he is unsuitable to exercise that right,
Where a judge makes an order under subsection (6) he shall give his reasons for so doing.
Any person against whom such an order is made may appeal to the Court of Appeal.
Any such order may be revoked at any time by any judge of the county court.
This section applies in relation to the family court as it applies in relation to the county court.
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In this section “domestic premises” means any premises which are wholly or mainly used as a private dwelling.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).
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For subsection (1) of section 112 of the County Courts Act 1984 (power to make administration orders) there shall be substituted—
In that section the following subsection shall be inserted after subsection (4)—
Subsection (5) of that section shall be omitted.
The following subsection shall be added at the end of that section—
After that section there shall be inserted the following sections—
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In section 89(1) of the County Courts Act 1984 (goods which may be seized under any warrant of execution), the following paragraph shall be substituted for paragraph (a)—.
Where a person takes steps to enforce a judgment or order of the High Court , the family court or the county court for the payment of any sum due, the costs of any previous attempt to enforce that judgment shall be recoverable to the same extent as if they had been incurred in the taking of those steps.
Subsection (3) shall not apply in respect of any costs which the court considers were unreasonably incurred (whether because the earlier attempt was unreasonable in all the circumstances of the case or for any other reason).
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Legal Services
Introductory
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The Legal Services Consultative Panel
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The Legal Services Ombudsman
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Rights of audience and rights to conduct litigation
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Where an Order in Council has been made under section 29 designating a body as an authorised body, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.
An Order under this section may only be made if—
the authorised body has made a written request to the Lord Chancellor asking for it to be made;
that body has agreed (in writing) to its being made; or
the Lord Chancellor is satisfied that the circumstances at the time when he is considering the question are such that, had that body then been applying to become an authorised body, its application would have failed.
The provisions of Part III of Schedule 4 shall have effect with respect to the revocation of designations under this section.
An Order made under this section may make such transitional and incidental provision as the Lord Chancellor considers necessary or expedient.
Where such an Order is made, any right of audience or right to conduct litigation granted to any person by the body with respect to whom the Order is made shall cease to have effect, subject to any transitional provision made by the Order.
Where such an Order is made, the Lord Chancellor shall—
give the body with respect to whom the Order is made written notice of the making of the Order;
take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and
publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.
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This section applies where a person—
is authorised by a relevant approved regulator (“the regulator”) to carry on an activity which constitutes the exercise of a right of audience or the conduct of litigation, and
is employed by the Lord Chancellor, or by any body established and maintained by the Lord Chancellor, under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.
Rules of a regulator fall within this subsection if they are—and either of the conditions specified in subsection (3) is satisfied.
conduct rules prohibiting or limiting the exercise of the right on behalf of members of the public by members of the regulator who are employees; or
rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the regulator,
Those conditions are—
that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public); and
that the rules do not impose the same prohibition or limitation on members of the regulator who have the right but are not employees.
For the purposes of this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
Where a person—any qualification regulations of the relevant approved regulator mentioned in paragraph (b) which relate to that right are not to have effect in relation to the person.
has at any time been authorised by a relevant approved regulator to exercise a right of audience before a court in relation to proceedings of a particular description, and
becomes authorised by another relevant approved regulator to exercise a right of audience before that court in relation to that description of proceedings,
Subsection (1) does not apply in relation to any qualification regulations to the extent that they impose requirements relating to continuing education or training which have effect in relation to the exercise of the right by all members of the relevant approved regulator who have the right.
Subsection (1) does not apply to a person if he has been banned from exercising the right of audience by the relevant approved regulator mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that relevant approved regulator has not lifted the ban.
In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
On the coming into force of section 27—
solicitors shall be deemed to have been granted by the Law Society the rights of audience exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 27.
Those qualification regulations and rules of conduct shall be deemed to have been approved only—
in relation to the rights of audience mentioned in subsection (1)(a); and
so far as they relate to those rights of audience.
In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (4)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
In the event of any question arising as to whether any provision of the qualification regulations or rules of conduct of the Law Society requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (6)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
it shall cease to have effect, so far as it relates to any right of audience deemed to have been granted by the Law Society; and
the regulations and rules which are deemed, by virtue of subsection (1)(b) to have been properly approved shall be taken not to include that provision.
Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
it is determined in accordance with subsection (7)(c) that that provision requires approval.
On the coming into force of section 28—
solicitors shall be deemed to have been granted by the Law Society the rights to conduct litigation exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 28.
Those qualification regulations and rules of conduct shall be deemed to have been approved only—
in relation to the rights to conduct litigation mentioned in subsection (1)(a); and
so far as they relate to those rights to conduct litigation.
In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (4)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
In the event of any question arising as to whether any provision requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (6)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
it shall cease to have effect, so far as it relates to any right to conduct litigation deemed to have been granted by the Law Society; and
the regulations and rules which are deemed, by virtue of subsection (1)(b), to have been properly approved shall be taken not to include that provision.
Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
it is determined in accordance with subsection (7)(c) that that provision requires approval.
Extension of conveyancing services
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Licensed conveyancers and licensed CLC practitioners
The Council for Licensed Conveyancers has the powers necessary to enable it to become designated as an approved regulator in relation to one or more of the reserved legal activities within subsection (1A).
The reserved legal activities to which this subsection applies are—
the exercise of a right of audience;
the conduct of litigation;
probate activities.
If the Council becomes an approved regulator in relation to one or more of those activities, it may, in that capacity, authorise a person to carry on a relevant activity....
Where the Council authorises a person to carry on a relevant activity, it is to do so by issuing a licence to the person in respect of that activity.
If the person granted a licence under this section is a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising the licensed conveyancer’s licence issued under Part II of the Administration of Justice Act 1985 and any other licence which the Council may grant to the licensed conveyancer concerned.
If the person granted a licence under this section is not a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising that and any other licence under this section which the Council may grant to the person.
A licence under this section granted to a person who is not a licensed conveyancer ceases to have effect if the person becomes a licensed conveyancer.
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Where the Council exercises any of its powers in connection with—it is to do so subject to any requirements to which it is subject in accordance with the provisions of the Legal Services Act 2007.
an application for designation as an approved regulator in relation to a reserved legal activity within subsection (1A), or
the authorising of a person to carry on a relevant activity,
Schedule 8 makes further provision in connection with the powers given to the Council by this section and the provision made by the Act of 1985 in relation to licensed conveyancers, including amendments of Part II of that Act.
The Lord Chancellor may by order make such—as he considers necessary or expedient in connection with the provision made by this section and Schedule 8.
amendments of, or modifications to, the provisions of Part II of the Act of 1985; or
transitional or consequential provision,
Subject to any provision made by this section, Schedule 8 or any order made by the Lord Chancellor under subsection (8), the provisions of Part II of the Act of 1985 shall, with the necessary modifications, apply with respect to persons who apply for, or hold, an advocacy, litigation or probate licence and —as they apply with respect to persons who apply for, or hold, a licence under Part 2 of the Act of 1985 and the corresponding matters dealt with by Part II of that Act.
any application for an advocacy, litigation or probate licence;
any such licence;
the practice of any person which is carried on by virtue of any such licence;
rules made by the Council under Schedule 8;
any case of an individual who describes himself or herself, or holds himself or herself out, as a licensed CLC practitioner without holding a licence in force under this section;
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any other matter dealt with by this section or Schedule 8,
The modifications mentioned in subsection (9) may differ depending on whether the person applying for, or holding, an advocacy, litigation or probate licence is or is not a licensed conveyancer.
Subsection (9) does not apply to section 34 of the Act of 1985 (modification of existing enactments relating to conveyancing etc).
For the purposes of this section—
“right of audience”, “conduct of litigation”, “probate activities” and “reserved legal activity” have the same meaning as in the Legal Services Act 2007;
references to designation as an approved regulator are to designation as an approved regulator—
by Part 1 of Schedule 4 to the Legal Services Act 2007, by virtue of an order under paragraph 5 of Schedule 22 to that Act, or
under Part 2 of Schedule 4 to that Act;
“relevant activity” means an activity which is a reserved legal activity—
which is within subsection (1A), and
in relation to which the Council is designated as an approved regulator by Part 1 of Schedule 4 to that Act (by virtue of an order under paragraph 5 of Schedule 22 to that Act) or under Part 2 of that Schedule.
In this section—“advocacy licence” means a licence issued under this section by which the Council authorises the person concerned to exercise a right of audience;“CLC practitioner services” has the same meaning as in section 32B of the Act of 1985;“licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under this section;“litigation licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities which constitute the conduct of litigation;“the practice of a licensed CLC practitioner” means the provision by a person, as the holder of a licence under this section, of CLC practitioner services in accordance with the licence; and“probate licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities that constitute probate activities.
Probate services
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Every justice shall have power to administer any oath or take any affidavit which is required for the purposes of an application for a grant of probate or letters of administration made in any non-contentious or common form probate business.
A justice before whom any oath or affidavit is taken or made under this section shall state in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.
No justice shall exercise the powers conferred by this section in any proceedings in which he is interested.
A document purporting to be signed by a justice administering an oath or taking an affidavit shall be admitted in evidence without proof of the signature and without proof that he is a justice.
In this section—“affidavit” has the same meaning as in the Commissioners for Oaths Act 1889;“justice” means a justice of the peace;“letters of administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes; and“non-contentious or common form probate business” has the same meaning as in section 128 of the Senior Courts Act 1981.
Public notaries shall no longer be appointed to practise only within particular districts in England, or particular districts in Wales.
It shall no longer be necessary to serve a period of apprenticeship before being admitted as a public notary.
Accordingly, the following enactments relating to public notaries shall cease to have effect—
section 2 of the Public Notaries Act 1801 (which provides that no person shall be admitted as a public notary unless he has served as an apprentice for seven years);
section 1 of the Public Notaries Act 1833 (which restricts the requirement to serve an apprenticeship to London and an area of ten miles from the Royal Exchange);
section 2 of the Public Notaries Act 1833 (appointment of public notaries to practise within particular districts in England);
section 3 of the Public Notaries Act 1843 (which reduced the period of apprenticeship to five years);
section 37 of the Welsh Church Act 1914 (appointment of public notaries to practise within particular districts in Wales); and
section 29 of the Administration of Justice Act 1969 (which reduced the period of apprenticeship for public notaries in London).
The Master may by rules make provision—
as to the educational and training qualifications which must be satisfied before a person may be granted a faculty to practise as a public notary;
as to further training which public notaries are to be required to undergo;
for regulating the practice, conduct and discipline of public notaries;
supplementing the provision made by subsections (8) and (9);
as to the keeping by public notaries of records and accounts;
as to the handling by public notaries of clients’ money;
as to the indemnification of public notaries against losses arising from claims in respect of civil liability incurred by them;
as to compensation payable for losses suffered by persons in respect of dishonesty on the part of public notaries or their employees; and
requiring the payment, in such circumstances as may be prescribed, of such reasonable fees as may be prescribed, including in particular fees for—
the grant of a faculty;
the issue of a practising certificate by the Court of Faculties of the Archbishop of Canterbury; or
the entering in that court of a practising certificate issued under the Solicitors Act 1974.
The repeal of section 2 of the Act of 1833 and section 37 of the Act of 1914 by this Act shall not affect any appointment made under either of those sections; but the Master may by rules make such provision as he considers necessary or expedient in consequence of either, or both, of those repeals.
Rules made under subsection (5) may, in particular, provide for the grant by the Master of a new faculty for any person to whom the Notary Public (Welsh Districts) Rules 1924 applied immediately before the commencement of this section, in place of the faculty granted to him by the Clerk of the Crown in Chancery.
Subsections (4) to (6) shall not be taken to prejudice—
any other power of the Master to make rules; or
any rules made by him under any such power.
With effect from the operative date, any restriction placed on a qualifying district notary, in terms of the district within which he may practise as a public notary, shall cease to apply.
In this section—“Master” means the Master of the Faculties;“the operative date” means the date on which subsection (1) comes into force or, if on that date the notary concerned is not a qualifying district notary (having held his faculty for less than five years)—the date on which he becomes a qualifying district notary; or such earlier date, after the commencement of subsection (1), as the Master may by rules prescribe for the purpose of this subsection;“prescribed” means prescribed by rules made under this section; and“qualifying district notary” means a person who—holds a faculty as a notary appointed under section 2 of the Act of 1833 or section 37 of the Act of 1914; and has held it for a continuous period of at least five years.
Section 5 of the Ecclesiastical Licences Act 1533 (which amongst other things now has the effect of requiring faculties to be registered by the Clerk of the Crown in Chancery) shall not apply in relation to any faculty granted to a public notary.
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Miscellaneous
A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to subsection (5)) any other conditional fee agreement shall be unenforceable.
For the purposes of this section and section 58A—
a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances; and
a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances and
references to a success fee, in relation to a conditional fee agreement, are to the amount of the increase.
The following conditions are applicable to every conditional fee agreement—
it must be in writing;
it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and
it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor.
The following further conditions are applicable to a conditional fee agreement which provides for a success fee—
it must relate to proceedings of a description specified by order made by the Lord Chancellor;
it must state the percentage by which the amount of the fees which would be payable if it were not a conditional fee agreement is to be increased; and
that percentage must not exceed the percentage specified in relation to the description of proceedings to which the agreement relates by order made by the Lord Chancellor.
The additional conditions are applicable to a conditional fee agreement which—
provides for a success fee, and
relates to proceedings of a description specified by order made by the Lord Chancellor for the purposes of this subsection.
The additional conditions are that—
the agreement must provide that the success fee is subject to a maximum limit,
the maximum limit must be expressed as a percentage of the descriptions of damages awarded in the proceedings that are specified in the agreement,
that percentage must not exceed the percentage specified by order made by the Lord Chancellor in relation to the proceedings or calculated in a manner so specified, and
those descriptions of damages may only include descriptions of damages specified by order made by the Lord Chancellor in relation to the proceedings.
If a conditional fee agreement is an agreement to which section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies, subsection (1) shall not make it unenforceable.
The proceedings which cannot be the subject of an enforceable conditional fee agreement are—
criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990; and
family proceedings.
In subsection (1) “family proceedings” means proceedings under any one or more of the following—
the Matrimonial Causes Act 1973;
the Adoption and Children Act 2002;
the Domestic Proceedings and Magistrates’ Courts Act 1978;
Part III of the Matrimonial and Family Proceedings Act 1984;
Parts I, II and IV of the Children Act 1989;
Parts 4 and 4A of the Family Law Act 1996; . . .
Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;
Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership);
Schedule 5 to the 2004 Act (financial relief in the High Court or a county court etc.);
Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.);
Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership);
proceedings under Part 3 of the Domestic Abuse Act 2021 (proceedings for domestic abuse protection order), where the proceedings are in the family court or the Family Division of the High Court; and
the inherent jurisdiction of the High Court in relation to children.
The requirements which the Lord Chancellor may prescribe under section 58(3)(c)—
include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and
may be different for different descriptions of conditional fee agreements (and, in particular, may be different for those which provide for a success fee and those which do not).
In section 58 and this section (and in the definitions of “advocacy services” and “litigation services” as they apply for their purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.
Before making an order under section 58(4) , (4A) or (4B), the Lord Chancellor shall consult—
the designated judges;
the General Council of the Bar;
the Law Society; and
such other bodies as he considers appropriate.
A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee.
A costs order made in proceedings may not include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.
Rules of court may make provision with respect to the assessment of any costs which include fees payable under a conditional fee agreement (including one which provides for a success fee).
A damages-based agreement which... satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement.
But(subject to subsection (9)) a damages-based agreement which... does not satisfy those conditions is unenforceable.
For the purposes of this section—
a damages-based agreement is an agreement between a person providing advocacy services, litigation services or claims management services and the recipient of those services which provides that—
the recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided, and
the amount of that payment is to be determined by reference to the amount of the financial benefit obtained;
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The agreement—
must be in writing;
if regulations so provide, must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;
must comply with such other requirements as to its terms and conditions as are prescribed; and
must be made only after the person providing services under the agreement has complied with such requirements (if any) as may be prescribed as to the provision of information.
Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements.
Before making regulations under subsection (4) the Lord Chancellor must consult—
the designated judges,
the General Council of the Bar,
the Law Society, and
such other bodies as the Lord Chancellor considers appropriate.
Rules of court may make provision with respect to the assessment of costs in proceedings where a party in whose favour a costs order is made has entered into a damages-based agreement in connection with the proceedings.
In this section—“payment” includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (4)(b) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly);“claims management services” has the same meaning as in the Financial Services and Markets Act 2000 (see section 419A of that Act).
In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for the purposes of this section) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.
Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).
Where section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies to a damages-based agreement other than one relating to an employment matter, subsections (1) and (2) of this section do not make it unenforceable.
For the purposes of subsection (9) a damages-based agreement relates to an employment matter if the matter in relation to which the services are provided is a matter that is, or could become, the subject of proceedings before an employment tribunal.
Subsection (1) is subject to section 47C(8) of the Competition Act 1998.
A litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a litigation funding agreement.
For the purposes of this section a litigation funding agreement is an agreement under which—
a person (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services (by someone other than the funder) to another person (“the litigant”); and
the litigant agrees to pay a sum to the funder in specified circumstances.
The following conditions are applicable to a litigation funding agreement—
the funder must be a person, or person of a description, prescribed by the Secretary of State;
the agreement must be in writing;
the agreement must comply with such requirements (if any) as may be so prescribed;
the sum to be paid by the litigant must consist of any costs payable to him in respect of the proceedings to which the agreement relates together with an amount calculated by reference to the funder’s anticipated expenditure in funding the provision of the services; and
that amount must not exceed such percentage of that anticipated expenditure as may be prescribed by the Secretary of State in relation to proceedings of the description to which the agreement relates.
Regulations under subsection (3)(a) may require a person to be approved by the Secretary of State or by a prescribed person.
The requirements which the Secretary of State may prescribe under subsection (3)(d)—
include requirements for the funder to have provided prescribed information to the litigant before the agreement is made; and
may be different for different descriptions of litigation funding agreements.
In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for its purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.
Before making regulations under this section, the Secretary of State shall consult—
the designated judges;
the General Council of the Bar;
the Law Society; and
such other bodies as he considers appropriate.
A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any amount payable under a litigation funding agreement.
Rules of court may make provision with respect to the assessment of any costs which include fees payable under a litigation funding agreement.
A costs order made in favour of a party to proceedings who has taken out a costs insurance policy may not include provision requiring the payment of an amount in respect of all or part of the premium of the policy, unless such provision is permitted by regulations under subsection (2).
The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where—
the order is made in favour of a party to clinical negligence proceedings of a prescribed description,
the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay for one or more expert reports in respect of clinical negligence in connection with the proceedings (or against that risk and other risks),
the policy is of a prescribed description,
the policy states how much of the premium relates to the liability to pay for an expert report or reports in respect of clinical negligence (“the relevant part of the premium”), and
the amount is to be paid in respect of the relevant part of the premium.
Regulations under subsection (2) may include provision about the amount that may be required to be paid by the costs order, including provision that the amount must not exceed a prescribed maximum amount.
The regulations may prescribe a maximum amount, in particular, by specifying—
a percentage of the relevant part of the premium;
an amount calculated in a prescribed manner.
In this section—“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;“costs insurance policy”, in relation to a party to proceedings, means a policy insuring against the risk of the party incurring a liability in those proceedings;“expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;“proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in court), whether commenced or contemplated.
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The Lord Chancellor may by regulations prescribe circumstances in which, and conditions subject to which, a practitioner who is qualified to practise in Scotland or Northern Ireland may, in such capacity as may be prescribed, exercise in England and Wales—without being entitled to do so apart from the regulations.
prescribed rights of audience; or
prescribed rights to conduct litigation,
The Lord Chancellor may by regulations make provision for the purpose of enabling practitioners who are qualified to practise in Scotland or Northern Ireland to become qualified to practise in England and Wales on terms, and subject to conditions, corresponding or similar to those on which practitioners who are qualified to practise in member States may become qualified to practise in that jurisdiction.
Regulations may be made under this section only if—
the Legal Services Board has made a recommendation under section 60A,
draft regulations were annexed to the recommendation, and
the regulations are in the same form as, or a form not materially different from, the draft regulations.
Regulations made under subsection (1) may, in particular—
prescribe any right of audience which may not be exercised by a person in England and Wales unless he is instructed to act together with a person who has that right of audience there;
prescribe legal services which may not be provided by any person practising by virtue of the regulations;
prescribe the title or description which must be used by any person practising by virtue of the regulations;
provide for the means by which the qualification of any person claiming to be entitled to practise by virtue of the regulations is to be verified;
provide for such professional or other body as may be prescribed to have power to investigate and deal with any complaint made against a person practising by virtue of the regulations.
Regulations made under subsection (1) or (2) may modify any rule of law or practice which the Lord Chancellor considers should be modified in order to give effect to the regulations.
In this section “practitioner” means—
a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland or an advocate or solicitor in Scotland; and
any person falling within such category as may be prescribed.
Before making a recommendation under this section, the Legal Services Board must publish a draft of—
the proposed recommendation, and
the proposed draft regulations.
The draft must be accompanied by a notice which states that representations about the proposals may be made to the Board within a specified period.
Before making the recommendation, the Board must have regard to any representations duly made.
If the draft regulations to be annexed to the recommendation differ from the draft regulations published under subsection (1)(b) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft recommendations along with a statement detailing the changes made and the reasons for the changes.
Any rule of law which prevents a barrister from entering into a contract for the provision of his services as a barrister is hereby abolished.
Nothing in subsection (1) prevents the General Council of the Bar from making rules (however described) which prohibit barristers from entering into contracts or restrict their right to do so.
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The following shall be inserted in the Sex Discrimination Act 1975 after section 35—
The following shall be inserted in the Race Relations Act 1976 after section 26—
The following shall be inserted in the Sex Discrimination Act 1975 after section 35A (as inserted by this Act)—
The following shall be inserted in the Race Relations Act 1976 after section 26A (as inserted by this Act)—.
Section 39 of the Solicitors Act 1974 (which, in effect, prevents solicitors entering into partnership with persons who are not solicitors) shall cease to have effect.
Nothing in subsection (1) prevents the Law Society making rules which prohibit solicitors from entering into any unincorporated association with persons who are not solicitors, or restrict the circumstances in which they may do so.
Section 10 of the Public Notaries Act 1801 (which, in effect, prevents notaries entering into partnership with persons who are not notaries) shall cease to have effect.
Nothing in subsection (3) prevents the Master of the Faculties making rules which prohibit notaries from entering into any unincorporated association with persons who are not notaries, or restrict the circumstances in which they may do so.
It is hereby declared that no rule of common law prevents barristers from entering into any unincorporated association with persons who are not barristers.
Nothing in subsection (5) prevents the General Council of the Bar from making rules which prohibit barristers from entering into any such unincorporated association, or restrict the circumstances in which they may do so.
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Offences
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Judicial and Other Offices and Judicial Pensions
Judicial appointments
In section 10(3) of the Senior Courts Act 1981—
in paragraph (b) (qualification for appointment as Lord Justice of Appeal) for the words “unless he is a barrister of at least fifteen years’ standing or a judge of the High Court” there shall be substituted—;
in paragraph (c) (qualification for appointment as puisne judge of the High Court) for the words “unless he is a barrister of at least ten years’ standing” there shall be substituted—
Schedule 10 shall have effect for the purpose of making amendments to other enactments, measures and statutory instruments which relate to qualification for judicial and certain other appointments.
For the purposes of this section, a person has—
a ” Senior Courts qualification" if he has a right of audience in relation to all proceedings in the Senior Courts;
a “High Court qualification” if he has a right of audience in relation to all proceedings in the High Court;
a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the Senior Courts, or all proceedings in county courts or magistrates’ courts;
a “Crown Court qualification” if he has a right of audience in relation to all proceedings in the Crown Court;
a “county court qualification” if he has a right of audience in relation to all proceedings in the county court;
a “magistrates’ court qualification” if he has a right of audience in relation to all proceedings in magistrates’ courts.
References in subsection (3) to a right of audience are references to a right of audience exercisable by virtue of an authorisation given by a relevant approved regulator.
Any reference in any enactment, measure or statutory instrument to a person having such a qualification of a particular number of years’ length shall be construed as a reference to a person who—
for the time being has that qualification, and
has had it for a period (which need not be continuous) of at least that number of years.
Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the relevant approved regulator from exercising it shall not count towards the period mentioned in subsection (5)(b).
In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
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Judges
For each of the Circuits there shall be at least two Presiding Judges, appointed from among the puisne judges of the High Court.
There shall be a Senior Presiding Judge for England and Wales, appointed from among the Lords Justices of Appeal.
Any appointment under subsection (1) or (2) shall be made by the Lord Chief Justice with the agreement of the Lord Chancellor.
In this section “the Circuits” means—or such other areas of England and Wales as the Lord Chancellor may from time to time, after consulting the Lord Chief Justice, direct.
the Midland and Oxford Circuit;
the North Eastern Circuit;
the Northern Circuit;
the South Eastern Circuit;
the Western Circuit; and
the Wales and Chester Circuit,
A person appointed as a Presiding Judge or as the Senior Presiding Judge shall hold that office in accordance with the terms of his appointment.
In section 4 of the Senior Courts Act 1981 (composition of High Court)—
in subsection (1), after the words “Vice-Chancellor" there shall be inserted—; and
in subsection (6) for the words “or Vice-Chancellor" there shall be substituted “ Vice-Chancellor or Senior Presiding Judge" ”.
Where the Master of the Rolls expects to be absent at a time when it may be appropriate for any relevant functions of his to be exercised, he may appoint a judge of the Senior Courts to exercise those functions on his behalf.
Where the Master of the Rolls considers that it would be inappropriate for him to exercise any such functions in connection with a particular matter (because of a possible conflict of interests or for any other reason), he may appoint a judge of the Senior Courts to exercise those functions on his behalf in connection with that matter.
Where the Master of the Rolls is incapable of exercising his relevant functions, the Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts to exercise, on behalf of the Master of the Rolls, such of those functions as the Lord Chief Justice and Lord Chancellor consider appropriate.
Any appointment under this section shall be in writing and shall specify—
the functions which may be exercised by the appointed judge; and
the period for which the appointment is to have effect.
In this section “relevant functions” means any functions of the Master of the Rolls under—
section 144A of the Law of Property Act 1922 (functions in relation to manorial documents);
section 7(1) of the Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);
the Solicitors Act 1974 (which gives the Master of the Rolls various functions in relation to solicitors);
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The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
The offices of—shall become the offices of district judge, assistant district judge and deputy district judge respectively.
registrar, assistant registrar and deputy registrar for each county court district; and
district registrar, assistant district registrar and deputy district registrar for each district registry of the High Court,
The office of registrar of the principal registry of the Family Division of the High Court shall become the office of district judge of the principal registry of the Family Division.
Any reference in any enactment, instrument or other document to an office which is, or includes, one to which this section applies shall be construed as a reference to, or (as the case may be) as including a reference to, that office by its new name.
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In section 118 of that Act (power of judge to commit for contempt) after subsection (2) there shall be inserted—
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No person holding as a full-time appointment any of the offices listed in Schedule 11 shall—
provide any advocacy or litigation services (in any jurisdiction);
provide any conveyancing or probate services;
carry on any notarial activities (within the meaning of the Legal Services Act 2007);
practise as a barrister, solicitor, public notary , licensed conveyancer or licensed CLC practitioner , or be indirectly concerned in any such practice;
practise as an advocate or solicitor in Scotland, or be indirectly concerned in any such practice; or
act for any remuneration to himself as an arbitrator or umpire.
A person holding any of the following offices—shall take the oath of allegiance and the judicial oath before a judge of the High Court or a Circuit judge.
district judge, including district judge of the principal registry of the Family Division;
Master of the Queen’s Bench Division;
Master of the Chancery Division;
Insolvency and Companies Court Judge ;
Taxing Master of the Senior Courts ;
Admiralty Registrar,
The Promissory Oaths Act 1868 shall have effect as if the offices listed in the Second Part of the Schedule to that Act included those offices.
Senior Courts Officers
In section 92 of the Senior Courts Act 1981 (tenure of office) for subsection (2) there shall be substituted—
After subsection (3) of that section (retirement age increased in certain circumstances to 75 years) there shall be inserted—
In subsection (4) of that section (person to hold office during good behaviour) after the words “subsection (1)" there shall be inserted “ or (2A)" ”.
The office of Registrar of Criminal Appeals shall be combined with the office of Queen’s Coroner and Attorney and Master of the Crown Office.
After section 13 of the Judicial Pensions Act 1981 there shall be inserted—
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Judicial pensions
The following section shall be inserted in the Judicial Pensions Act 1981, after section 18 (which sets out the conditions on which a widow’s pension is payable)—
For section 19 of the Judicial Pensions Act 1981 (determination of widow’s pension) there shall be substituted—
Schedule 13 amends the Judicial Pensions Act 1981 by inserting a new Schedule 1A, which makes provision for the transfer of accrued rights into and out of the judicial pension schemes constituted by that Act and the Sheriffs’ Pensions (Scotland) Act 1961.
In the Judicial Pensions Act 1981, the following section shall be inserted after section 33—
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In Article 14 of the Social Security (Northern Ireland) Order 1986 (voluntary contributions in Northern Ireland) the following paragraph shall be inserted after paragraph (10)—
In each of the following provisions (which among other things require a minimum number of years service for qualification for superannuation benefits)—for the words “5 years", or “five years", there shall be substituted, in each case, “ 2 years" ”.
section 7(1) of the Judicial Pensions Act 1981 (stipendiary magistrates);
section 9(1) of that Act (Judge Advocate General);
paragraph 4(1)(b) of Schedule 1 to that Act (Supreme Court officers etc); and
section 1(1) of the Sheriffs’ Pensions (Scotland) Act 1961,
In section 7(3) of the Act of 1981 (rate of pension payable to a stipendiary magistrate) for “(a)" there shall be substituted—.
In section 9 of the Act of 1981 (rate of pension payable to Judge Advocate General) the following subsection shall be inserted after subsection (3)—
In paragraph 4(4) of Schedule 1 to the Act of 1981 (rate of pension payable to an officer of the Supreme Court etc.) for “(a)" there shall be substituted—.
In subsections (2) and (3) of section 3 of the Sheriffs’ Pensions (Scotland) Act 1961 (rate of pension payable to sheriff and salaried sheriff-substitute) for “(a)" there shall, in each case, be substituted—.
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Solicitors
After section 1 of the Solicitors Act 1974 (qualifications for practising as solicitor) there shall be inserted the following section—
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The Law Society shall maintain a register of foreign lawyers for the purposes of this section.
A foreign lawyer who wishes to be registered under this section must apply to the Society in accordance with the requirements of Part I of Schedule 14.
The power to make rules under—shall also be exercisable in relation to registered foreign lawyers.
the following provisions of the Solicitors Act 1974—
section 31 (professional practice, conduct and discipline);
section 32 (accounts and trust accounts);
section 34 (accountants’ reports);
sections 36 and 36A (compensation grants); and
section 37 (professional indemnity); and
section 9 of the Administration of Justice Act 1985 (incorporated practices),
Subject to the provisions of Schedule 14, any such power may be exercised so as to make different provision with respect to registered foreign lawyers to the provision made with respect to solicitors.
Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument—shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.
passed or made before or in the same Session as the Legal Services Act 2007 was passed;
having effect in relation to solicitors; and
specified in the order,
An order under subsection (5) may provide for an enactment or instrument to have effect with respect to registered foreign lawyers subject to such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.
Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument—shall, in its application in relation to recognised bodies whose managers include one or more registered foreign lawyers, have effect with such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.
passed or made before or in the same Session as the Legal Services Act 2007 was passed;
having effect in relation to recognised bodies; and
specified in the order,
Schedule 14 shall have effect for the purposes of supplementing this section.
Rules and regulations made by the Law Society under, or by virtue of, this section or Schedule 14 which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act.
In this section and in Schedule 14—“foreign lawyer” means a person who is not a solicitor or barrister but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outside England and Wales;“manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);“multi-national partnership” means a partnership whose members consist of one or more registered foreign lawyers and one or more other lawyers as permitted by rules made under section 31 of the Solicitors Act 1974;“recognised body” has the same meaning as in section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices); and“registered foreign lawyer” means a foreign lawyer who is registered under this section.
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In paragraph 1 of Schedule 1 to the Solicitors Act 1974 (circumstances in which Society may intervene in solicitors’ practices) the following paragraphs shall be added at the end—
In section 15 of the Act of 1974 (suspension of practising certificates) the following subsections shall be inserted after subsection (1)—
In section 16 of the Act of 1974 (duration of suspension of practising certificates) in subsection (3) the following paragraph shall be inserted after paragraph (c)—.
Section 47 of the Solicitors Act 1974 (jurisdiction and powers of the Tribunal) shall be amended as follows.
The following subsections shall be substituted for subsections (1) and (2)—
In subsection (2A) for the words “(2)(bb)" there shall be substituted “ (2)(d)" ”.
After subsection (3) there shall be inserted—
In section 48(2) of that Act (recording and publishing of orders of the Tribunal)—
for the words “(a) to (e)" there shall be substituted “ (a) to (i)" ”;
in paragraph (a) after the word “solicitor" there shall be inserted “ or former solicitor" ”;
in paragraph (b) for the words “paragraph (d) or (e) of that subsection" there shall be substituted “ paragraph (e), (f), (h) or (i) of section 47(2)" ”.
In section 49(1)(a) of that Act (appeal from Tribunal to the Master of the Rolls) for the words “47(1)(b)" there shall be substituted “ 47(1)(d), (e) or (f)" ”.
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After section 13A of that Act there shall be inserted the following section—
In section 8 of the Solicitors Act 1974 (removal or restoration of name at solicitor’s request) the following subsections shall be added at the end—
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The following section shall be substituted for section 79 of the Solicitors Act 1974 (committees of the Council)—
Section 57 of the Solicitors Act 1974 (non-contentious business agreements) shall be amended in accordance with subsections (2) to (4).
In subsection (2) (method of payment which may be agreed), after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.
In subsection (4), for the words “Subject to subsection (5)" there shall be substituted “ Subject to subsections (5) and (7)" ”.
After subsection (5) there shall be inserted the following subsections—
In section 59(1) of the Act of 1974 (method of payment which may be agreed in contentious business agreement) after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.
In section 60(1) of the Act of 1974 (which among other things provides for section 69 of that Act not to apply to contentious business agreements), after the word “or" there shall be inserted “ (except in the case of an agreement which provides for the solicitor to be remunerated by reference to an hourly rate)" ”.
In section 61 of the Act of 1974 (enforcement of contentious business agreements), the following subsections shall be inserted after subsection (4)—
Arbitration
After section 43 of the Senior Courts Act 1981 there shall be inserted the following section—
Miscellaneous and Supplemental
Tying-in
is secured on land in the United Kingdom; and
is made to an individual in respect of the acquisition of land which is for his residential use or the residential use of a dependant of his.
No person (“the lender") shall provide a residential property loan together with one or more controlled services to another person (“the borrower") unless the conditions mentioned in subsection (3) are complied with before a relevant step is taken with respect to any of those services or the loan.
The conditions are that the lender—
informs the borrower by notice that the residential property loan, and each of the controlled services in question, are separate services;
informs the borrower by notice whether the terms and conditions of the residential property loan will be capable of being varied by the lender after it is made;
provides the borrower with a statement of—
the price which will be payable by the borrower for each of the controlled services if they are all provided in accordance with the terms proposed by the lender; and
the extent to which (if at all) the terms and conditions of the residential property loan would differ if it were to be provided by the lender without the controlled services in question being provided by the lender; and
informs the borrower by notice that, if the borrower declines to take from the lender any of the controlled services in question, the lender will not on that account refuse to provide the residential property loan.
A person who—shall comply with such requirements as to the information to be given, or which may not be given, in any such advertisement or promotion as the Secretary of State may by regulations impose.
in the course of his business provides, or makes arrangements for the provision of, controlled services together with residential property loans; and
advertises or in any other manner promotes—
the provision of any controlled service or any residential property loan; or
the making by him of any such arrangements,
The order may, in particular, prescribe any description of—
banking, insurance, investment, trusteeship, executorship or other financial services;
services relating to the acquisition, valuation, surveying or disposal of property;
conveyancing services; or
removal services.
For the purposes of section 104(1), the Secretary of State may by order specify—
the circumstances in which land is to be treated as being for a person’s residential use; and
who are to be treated as a person’s dependants.
Section 104(2) shall not apply in relation to the provision of a controlled service if the lender proves—
that the provision of that service was not connected with the transaction in respect of which the borrower required the residential property loan in question; or
where it was so connected, that the lender did not know, and had no reasonable cause to know, that it was.
where the lender is a member of a group of companies, the lender and all the other members of the group shall be treated as one; and
where the lender derives any financial benefit from the provision of a controlled service by any other person, the lender shall be treated as providing that service.
In subsection (5), “a group of companies” means a holding company and its subsidiaries within the meaning of section 1159 of the Companies Act 2006.
The Secretary of State may by order provide that, in such cases or for such purposes as may be prescribed by the order, paragraph (a) or (b) of subsection (5) shall not have effect.
For the purposes of section 104—“notice” means a notice in writing given in the form prescribed by regulations made by the Secretary of State;“price” shall have the meaning given by order made by the Secretary of State;“relevant step”, in relation to any controlled service or residential property loan, means such step as may be prescribed by order made by the Secretary of State in relation to that service or loan (taken by such person as may be so prescribed); and“statement” means a statement in writing given in the form prescribed by regulations made by the Secretary of State.
In relation to land in Scotland—
“conveyancing services” has the same meaning as in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and
the reference in section 104(1) to a loan being secured on land shall be read as a reference to its being secured over land by a standard security.
Before making any order or regulations under section 104 or this section the Secretary of State shall consult the FCA and such other persons as he considers appropriate.
Subsection (3) applies where—
a person (“the lender") has, in relation to the proposed provision to any person (“the borrower") of a residential property loan together with one or more controlled services, complied with the conditions mentioned in section 104(3); and
the borrower has declined to take from the lender one or more of the controlled services.
The lender shall be guilty of an offence if he refuses to provide the borrower with the residential property loan or refuses to provide it to him—unless he proves that his reason for so refusing was unconnected with the borrower’s having declined as mentioned in subsection (2)(b).
on the terms applicable if it were provided together with the controlled services; or
where they differ, on terms which are compatible with the statement required by section 104(3)(c)(ii),
Any person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.
Subsection (6) applies where an offence under this section is committed by a body corporate.
If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
any director, secretary or other similar officer of the body corporate; or
any person who was purporting to act in any such capacity,
The fact that a person has committed an offence under this section in connection with any agreement shall not make the agreement void, or unenforceable (whether as a whole or in part) or otherwise affect its validity or give rise to any cause of action for breach of statutory duty.
Nothing in subsection (1) is to be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.
Where an authority propose to institute proceedings for an offence under section 106 they shall give the FCA notice of the intended proceedings together with a summary of the facts on which the charges are to be founded.
Where an authority are under a duty to give such a notice and summary they shall not institute the proceedings until—
the end of the period of 28 days beginning with the date on which they gave the required notice and summary; or
if earlier, the date on which the FCA notifies them of receipt of the notice and summary.
Every authority shall, whenever the FCA requires, report to it in such form and with such particulars as it requires on the exercise of their functions under this section.
A duly authorised officer of the FCA or of an authority (“an authorised officer") who has reasonable cause to suspect that an offence may have been committed under section 106 may, at any reasonable time—
enter any premises which are not used solely as a dwelling;
require the production of any document which may be relevant to such an investigation;
take copies, or extracts, of any such documents;
seize and retain any document which he has reason to believe may be required as evidence in proceedings for an offence under section 106.
Any authorised officer exercising any power given by subsection (6) shall, if asked to do so, produce evidence that he is such an officer.
A justice of the peace may issue a warrant under this section if satisfied, on information on oath given by an authorised officer, that there is reasonable cause to believe that an offence may have been committed under section 106 and that—
there is reasonable cause to believe that, if production of any such document were to be required by the authorised officer without a warrant having been issued under this section, the document would not be produced but would be removed from the premises or hidden, tampered with or destroyed.
In the application of this section to Scotland, “justice of the peace” includes a sheriff and “information on oath” shall be read as “evidence on oath”.
A warrant issued under this section shall authorise the authorised officer (accompanied, where he considers it appropriate, by a constable or any other person)—
to enter the premises specified in the information, using such force as is reasonably necessary; and
to exercise any of the powers given to the authorised officer by subsection (6).
If a person—he shall be guilty of an offence.
intentionally obstructs an authorised officer in the exercise of any power under this section;
intentionally fails to comply with any requirement properly imposed on him by an authorised officer in the exercise of any such power;
fails, without reasonable excuse, to give to an authorised officer any assistance or information which he may reasonably require of him for the purpose of exercising any such power; or
in giving to an authorised officer any information which he has been required to give to an authorised officer exercising any such power, makes any statement which he knows to be false or misleading in a material particular,
A person guilty of an offence under subsection (11)(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person guilty of an offence under subsection (11)(d) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Nothing in this section shall be taken to require any person to answer any question put to him by an authorised officer, or to give any information to an authorised officer, if to do so might incriminate him.
In this section “document” includes information recorded in any form.
In relation to information recorded otherwise than in legible form, references in this section to its production include references to producing a copy of the information in legible form.
The functions of the FCA under this section are to be treated for the purposes of the Financial Services and Markets Act 2000 as functions conferred on the FCA by or under that Act.
Miscellaneous
The Magistrates’ Courts (Northern Ireland) Order 1981 shall be amended as follows.
For Articles 5 and 6 (general immunity of resident magistrates etc.) there shall be substituted the following Articles—
After Article 145 there shall be inserted the following Article—
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In section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation), the following subsection shall be added at the end—
In Schedule 3 to that Act (matters not subject to investigation), the following paragraph shall be inserted after paragraph 6—
The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—
The following section shall be inserted in the Magistrates’ Courts Act 1980 after section 145 (which contains supplementary provisions about rules of court)—
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A report of a case made by a person who is not a barrister but who is a solicitor or has a Senior Courts qualification (within the meaning of section 71) shall have the same authority as if it had been made by a barrister.
The provisions of Part I of Schedule 16 shall have effect for the purpose of making amendments to the or to provisions of other enactments amended by that Act.
Part II of Schedule 16 shall have effect for the purpose of making further provision consequential on the Act of 1989.
The general rule making power of any authority having power to make rules of court for Northern Ireland shall include power to make any provision which may be made under section 93 of the Act of 1989 (rules of court) subject to the modifications that in subsection (2)—
paragraphs (e) and (i) shall be omitted; and
in paragraphs (f) and (g) the references to England and Wales shall be read as references to Northern Ireland.
The Judicial Pensions Act 1981 shall have effect subject to the following amendments (which reflect the transfer of functions from the Minister of the Civil Service to the Treasury effected by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981).
In section 10(1), and paragraph 23(2) of Schedule 1, for the words “the Minister for the Civil Service" there shall be substituted “ the Treasury ”.
In section 29, for the words “the Minister for the Civil Service or any other Minister" there shall be substituted “ the Treasury or any Minister of the Crown ”.
In the following provisions—for the words “the Minister", wherever they occur, there shall be substituted “ the Treasury ”.
paragraphs 4(1)(b)(ii), 8, 10(2), 14(2), 15(2),(5) and (7), 17, 20(1) and (2) and 22 of Schedule 1; and
paragraph 2(2) of Schedule 2,
In section 21(4), for the words “the Minister may, if he" there shall be substituted “ the Treasury may, if it ”.
In section 22(4)—
for the “Minister", where it first occurs, there shall be substituted “ Treasury ”; and
for the words from “if the Minister" to “he thinks fit" there shall be substituted “ if the Treasury does specially so direct, it may, if it thinks fit ”.
In Schedule 1—
in paragraph 8(2), for the words “to him" there shall be substituted “ to it ”;
in paragraph 15(7), for the words “he is satisfied" there shall be substituted “ it is satisfied ”;
in paragraph 17(1), for the words “he shall" there shall be substituted “ it shall ”; and
in paragraph 21, for the word “Minister", where it first occurs, there shall be substituted “ Treasury ” and for the words “he thinks" there shall be substituted “ it thinks ”.
In section 33, the definition of “the Minister" shall be omitted.
Supplemental
In this Act—“administration”, in relation to letters of administration, has the same meaning as in section 128 of the Senior Courts Act 1981;“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“conveyancing services” means the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land;“court” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);“designated judge” means the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court;“the FCA” means the Financial Conduct Authority;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“licensed CLC practitioner” has the meaning given in section 53;“licensed conveyancer” has the same meaning as it has in the Administration of Justice Act 1985 by virtue of section 11 of that Act;“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings, to provide;“member”, in relation to any professional or other body (other than any body established by this Act), includes any person who is not a member of that body but who may be subject to disciplinary sanctions for failure to comply with any of that body’s rules;“multi-national partnership” has the meaning given by section 89(9);“officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;...“probate services” means the drawing or preparation of any papers on which to found or oppose a grant of probate or a grant of letters of administration and the administration of the estate of a deceased person;“prescribed” means prescribed by regulations under this Act;“proceedings” means proceedings in any court;“qualification regulations” and “conduct rules”, in relation to a body, have the same meaning as in the Legal Services Act 2007 (see section 21 of that Act);. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“registered foreign lawyer” has the meaning given by section 89(9);“right of audience” means the right to appear before and address a court including the right to call and examine witnesses;“right to conduct litigation” means the right—to issue proceedings before any court in England and Wales; to commence, prosecute and defend such proceedings; and to perform any ancillary functions in relation to proceedings (such as entering appearances to actions);“solicitor” means solicitor of the Senior Courts; and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of the definition of “conveyancing services” in subsection (1)—“disposition”—does not include a testamentary disposition or any disposition in the case of such a lease as is referred to in section 54(2) of the Law of Property Act 1925 (short leases); but subject to that, includes in the case of leases both their grant and their assignment; and“acquisition” has a corresponding meaning.
In this Act any reference to conduct rules includes a reference to practice rules (within the meaning of the Legal Services Act 2007 (see section 21 of that Act))..
Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.
Any such regulations or order may make different provision for different cases or classes of case.
Any such regulations or order may contain such incidental, supplemental or transitional provisions or savings as the person making the regulations or order considers expedient.
No instrument shall be made under section ..., ..., ..., 58(4), (4A) or (4B), 58AA(4) 60, 89(5) or (7), 125(4) ... or paragraph 9(c) of Schedule 14 unless a draft of the instrument has been approved by both Houses of Parliament.
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Any other statutory instrument made under this Act other than one under section 124(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any expenses incurred by the Lord Chancellor under this Act shall be payable out of money provided by Parliament.
An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement—shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament) but shall be subject to annulment in pursuance of a resolution of either House of Parliament.
that it amends the law in Northern Ireland with respect to —
the pensions of county court judges and resident magistrates, and
pensions in relation to which provisions of the Judicial Pensions Act (Northern Ireland) 1951 apply; and
that it is made only for purposes corresponding to those of—
section 118,
The following provisions of this Act extend to Scotland—
section 65;
section 71(2), so far as necessary;
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paragraph 8 of Schedule 3;
paragraph 11 of Schedule 5;
Schedule 10, so far as it amends any enactment extending to Scotland;
paragraphs 5, 34 to 36, 39, 41 and 42 of Schedule 16;
paragraph 1 of Schedule 17; and
Schedule 20, so far as it repeals any enactment extending to Scotland.
The following provisions of this Act extend to Northern Ireland—
section 8;
section 71(2), so far as necessary;
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paragraph 8 of Schedule 3;
paragraph 11 of Schedule 5;
Schedule 10, so far as it amends any enactment extending to Northern Ireland;
Schedule 13;
paragraphs 5, 25, 33, 35, 39 and 41 of Schedule 16;
Schedules 17, 18 and 19, so far as they amend or relate to any enactment extending to Northern Ireland;
Schedule 20 so far as it repeals any such enactment.
The following provisions come into force on the passing of this Act—
paragraphs 2 and 3 of Schedule 17.
The following provisions come into force at the end of the period of two months beginning on the day on which this Act is passed—
paragraphs 1, 11, 12, 16 and 20 of Schedule 17;
paragraphs 7, 8, 14 to 16, 55 and 57 of Schedule 18; and
paragraph 1 of Schedule 19.
The other provisions of this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or by the Secretary of State or by both, acting jointly.
Different dates may be appointed for different provisions of this Act and for different purposes.
This Act may be cited as the Courts and Legal Services Act 1990.
The minor amendments set out in Schedule 17 shall have effect.
The consequential amendments set out in Schedule 18 shall have effect.
The Lord Chancellor may by order make such amendments or repeals in relevant enactments as appear to him to be necessary or expedient in consequence of any provision made by Part II with respect to advocacy, litigation, conveyancing or probate services.
In subsection (4)—
“relevant enactments” means such enactments or instruments passed or made before or in the same Session as the Legal Services Act 2007 was passed as may be specified in the order, and
the reference to Part 2 is a reference to that Part as amended by that Act or any enactment or instruments passed or made before or in the same Session as that Act was passed.
The transitional provisions and savings set out in Schedule 19 shall have effect.
The repeals set out in Schedule 20 (which include repeals of certain enactments that are spent or of no further practical utility) shall have effect.
Appointment of members
Every member of the Advisory Committee—
shall be appointed for such term, not exceeding five years, as the Lord Chancellor may specify; and
shall hold and vacate office in accordance with the terms of his appointment.
Any person who ceases to be a member of the Advisory Committee shall be eligible for re-appointment.
A member of the Advisory Committee may at any time resign his office by giving notice in writing to the Lord Chancellor.
The Lord Chancellor may remove a member of the Advisory Committee if satisfied—
that he has been absent from meetings of the Advisory Committee for a period of more than six consecutive months without the permission of the Advisory Committee;
that a bankruptcy order has been made against him or that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
that he is otherwise unable or unfit to discharge the functions of a member of the Advisory Committee.
Proceedings of the Advisory Committee
The Advisory Committee may regulate its own procedure.
Delegation of powers
Anything authorised or required by or under any enactment to be done by the Advisory Committee may be done—
by any member of the Advisory Committee, or of its staff, who has been authorised for the purpose, whether generally or specifically, by the Advisory Committee; or
by any committee or sub-committee of the Advisory Committee which has been so authorised.
Any committee or sub-committee of the Advisory Committee—
may include, as non-voting members, persons who are not members of the Advisory Committee but who are co-opted by the Advisory Committee;
shall be chaired by the Chairman of the Advisory Committee or by another member of the Advisory Committee nominated by him.
The Chairman of the Advisory Committee shall be a member of any committee or sub-committee for which he has nominated another member of the Advisory Committee to be its chairman.
Vacancies and defective appointments
The validity of any proceedings of the Advisory Committee shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.
Application of seal and proof of instruments
The application of the seal of the Advisory Committee shall be authenticated by the signature of—
the Chairman or any other member of the Advisory Committee; and
a member of the Advisory Committee’s staff who has been authorised by the Advisory Committee for the purpose, whether generally or specifically.
Documents served etc. by the Advisory Committee
Any document which the Advisory Committee is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Advisory Committee by any person who has been authorised for the purpose, whether generally or specifically, by the Advisory Committee.
Every document purporting to be an instrument made or issued by or on behalf of the Advisory Committee and—shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.
to be duly executed under the seal of the Advisory Committee; or
to be signed or executed by a person authorised by the Advisory Committee for the purpose,
Remuneration and pensions etc.
The Advisory Committee shall pay—such remuneration, and such travelling and other allowances, as may be determined by the Lord Chancellor.
to its members; and
to other persons who are co-opted to serve as members of any of its committees or sub-committees,
The Advisory Committee shall, if so required by the Lord Chancellor—as may be determined by the Lord Chancellor.
pay such pension, allowances or gratuities to or in respect of a person who has been, or is, a member of the Advisory Committee; or
make such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,
If, when any member of the Advisory Committee ceases to hold office, the Lord Chancellor determines that there are special circumstances which make it right that that member should receive compensation, the Advisory Committee shall pay to him a sum by way of compensation of such amount as may be so determined.
The approval of the Treasury shall be required for the making of a determination under this paragraph.
Staff
The Advisory Committee may, with the approval of the Lord Chancellor as to terms and conditions of service, appoint such staff as it may determine.
The Advisory Committee, with the approval of the Lord Chancellor, may—
pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of its staff as it may determine;
make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons;
provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons;
make such other arrangements for the provision of pensions, allowances or gratuities to or in respect of any such persons as it may so determine.
Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Advisory Committee’s staff who suffer loss of employment or loss or diminution of emoluments.
If any person—the Advisory Committee may, with the approval of the Lord Chancellor, make provision for him to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Lord Chancellor determine, as if his service as a member were service as a member of the Advisory Committee’s staff; and any such provision shall be without prejudice to paragraph 7.
on ceasing to be a member of the Advisory Committee’s staff becomes a member of the Advisory Committee; and
was by reference to his being a member of the Advisory Committee’s staff a participant in any pension scheme maintained by or on behalf of the Advisory Committee for the benefit of any of its staff,
The consent of the Treasury shall be required for the giving of any approval under this paragraph.
Accounts and audit
The Advisory Committee shall keep accounts and shall prepare a statement of accounts (the “statement") in respect of each financial year.
The accounts shall be kept, and the statement shall be prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct.
The accounts shall be audited by persons to be appointed in respect of each financial year by the Lord Chancellor in accordance with a scheme of audit approved by him.
The auditors shall be furnished by the Advisory Committee with copies of the statement and shall prepare a report to the Lord Chancellor on the accounts and statement.
No person shall be appointed as auditor under this paragraph unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or is a member of the Chartered Institute of Public Finance and Accountancy.
On completion of the audit of the accounts, the auditors shall send to the Lord Chancellor a copy of the statement and of their report.
The Lord Chancellor shall send a copy of the statement and of the report to the Comptroller and Auditor General.
The Lord Chancellor and the Comptroller and Auditor General may inspect the Advisory Committee’s accounts and any records relating to them.
The Lord Chancellor shall lay before each House of Parliament a copy of every statement and report sent to him under this paragraph.
In this paragraph “financial year” means—
the period beginning with the day on which the Advisory Committee is established and ending with the following 31st March; and
each subsequent period of twelve months ending with 31st March.
Grants to the Advisory Committee
The Lord Chancellor may, with the approval of the Treasury, make to the Advisory Committee out of money provided by Parliament grants of such amounts as he thinks fit.
The payment by the Lord Chancellor of a grant under this paragraph shall be on such terms as he may, with the approval of the Treasury, provide.
Annual report of Advisory Committee
The Advisory Committee shall submit to the Lord Chancellor an annual report on the discharge of its functions.
The Lord Chancellor shall lay the Advisory Committee’s annual report before each House of Parliament.
Immunity for advice and reports
For the purposes of the law of defamation, the publication of any advice or report by the Advisory Committee in the exercise of any of its functions shall be absolutely privileged.
Parliamentary disqualification etc.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place— “ The Lord Chancellor’s Advisory Committee on Legal Education and Conduct ”.
The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
Education and training: general
The Advisory Committee shall—
keep under review the education and training of those who offer to provide legal services;
consider the need for continuing education and training for such persons and the form it should take; and
consider the steps which professional and other bodies should take to ensure that their members benefit from such continuing education and training.
The Advisory Committee shall give such advice as it thinks appropriate with a view to ensuring that the education and training of those who offer to provide legal services is relevant to the needs of legal practice and to the efficient delivery of legal services to the public.
The Advisory Committee’s duties under this paragraph shall extend to all stages of legal education and training.
Training in advocacy
The Advisory Committee shall—
consider what form of initial academic and practical training is necessary to ensure that those who qualify as persons entitled to exercise rights of audience are adequately trained under supervision (whether by their chambers or firms or otherwise); and
consider the extent to which further training for persons exercising such rights is necessary.
Training in the conduct of litigation
The Advisory Committee shall—
consider what form of initial academic and practical training is necessary to ensure that those who qualify as persons entitled to exercise rights to conduct litigation are adequately trained under supervision (whether by their firms or otherwise); and
consider the extent to which further training for persons exercising such rights is necessary.
Practical training in other areas
The Advisory Committee may consider what form of practical training is necessary in other areas concerned with the provision of legal services.
General advisory functions
The Advisory Committee may make such recommendations with regard to any matters which it is required to keep under review or consider as it thinks appropriate.
Any such recommendation may be made—
by being included in the Advisory Committee’s annual report;
by being addressed to any professional body or group of professional bodies; or
in such other manner as it thinks fit.
The Advisory Committee may from time to time give advice to the General Council of the Bar, the Law Society and other authorised bodies on all aspects of their qualification regulations and rules of conduct, whether or not relating to advocacy or the conduct of litigation.
Any body—shall have regard to it to the extent that it applies in relation to matters connected with advocacy or the conduct of litigation.
to which a recommendation under this paragraph is addressed; or
which is given advice by the Advisory Committee under sub-paragraph (3),
Specialisation schemes
It shall be the duty of the Advisory Committee—
to consider whether specialisation schemes should be established by any representative body in any particular area of legal services; and
to keep under review specialisation schemes maintained by representative bodies.
In this paragraph—“representative body” means a professional or other body which represents persons (whether or not barristers or solicitors) who offer to provide legal services; and“a specialisation scheme”, in relation to any representative body, means a scheme for recognising those members of the body who—
have undergone training relevant to the area of legal services to which the scheme relates;
have acquired expertise in that area; and
specialise in providing legal services in that area.
Where the Advisory Committee considers that any specialisation scheme should be established it shall make the appropriate recommendation to the representative body concerned.
The Advisory Committee shall give to the representative body concerned such advice (if any) as it considers appropriate with respect to any specialisation scheme maintained by that body.
The Advisory Committee shall consider any proposed specialisation scheme which is referred to it by the representative body which proposes to establish it.
Where the Advisory Committee has considered any such proposed scheme, it shall give such advice (if any) to the representative body concerned as it considers appropriate.
In considering any such proposed scheme, the Advisory Committee shall have regard, in particular, to—
the basis on which, and method by which, members of the representative body are chosen to participate in the scheme;
the education, training and experience which are required in order for any person to provide the legal services in question at a satisfactory standard;
whether that body is likely to be able to ensure that those requirements will be complied with in relation to members of the scheme; and
whether that body is likely to be able to maintain and enforce satisfactory standards of conduct on the part of those who are members of the scheme.
Persons with special needs
In discharging its functions under this Schedule, the Advisory Committee shall have regard to the need for the efficient provision of legal services for persons who face special difficulties in making use of those services, including in particular special difficulties in expressing themselves or in understanding.
The Legal Services Ombudsman
Provision for discharge of functions
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Delegation of functions
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Remuneration
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Staff
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Annual and other reports
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Accounts and audit
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Financial provisions
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Parliamentary disqualification et ceteralaetc.
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Acting Ombudsman
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Authorisation of Bodies
Approval Required by Section 29
Revocation of Designation of Authorised Body
Designation of bodies and approval of regulations and rules
Approval in cases of altered regulations, rules or rights
Alteration of regulations and rules by order
Notice to authorised body
If the Secretary of State considers—he may give written notice to the body.
that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or
that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,
Before giving notice to an authorised body under sub-paragraph (1) the Secretary of State shall inform each of the designated judges that he intends to do so.
Representations by authorised body
The notice shall invite the authorised body to make representations in writing to the Secretary of State.
Any such representations must be made before the end of—
the period of three months beginning with the date on which the notice was given; or
such other period as the authorised body and the Secretary of State may agree.
When that period has expired the Secretary of State shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct.
If the Secretary of State proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of—to the Consultative Panel, the OFT and each of the designated judges.
the alterations which he proposes to make; and
any representations made under sub-paragraph (2),
Advice of Consultative Panel
The Consultative Panel shall consider whether the alterations should be made.
The Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.
When the Consultative Panel has completed its consideration it shall give such advice to the Secretary of State as it thinks fit.
The Consultative Panel shall publish any advice given by it under this paragraph.
Advice of Office of Fair Trading
The OFT shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.
The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require.
When the OFT has completed its consideration it shall give such advice to the Secretary of State as it thinks fit.
The OFT shall publish any advice given by it under this paragraph.
The OFT shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person.
Further representations by authorised body
When the Secretary of State has received the advice of the Consultative Panel and the OFT, he shall send a copy of the advice to the authorised body.
The authorised body shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, or such other period as the authorised body and the Secretary of State may agree, to make representations about the advice to the Secretary of State.
Advice of designated judges
The Secretary of State shall send to each of the designated judges a copy of—
the advice of the Consultative Panel and the OFT; and
any representations made under paragraph 21(2).
Each of the designated judges shall then consider whether the alterations should be made.
The Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.
When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.
Decision by Secretary of State
After considering—the Secretary of State shall decide whether to make the alterations.
the advice given by the Consultative Panel and any representations made about it;
the advice given by the OFT and any representations made about it; and
the advice given by each of the designated judges under paragraph 22,
When the Secretary of State has made his decision he shall notify the authorised body of it.
If the Secretary of State has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.
Order effecting alterations
If the Secretary of State has decided to make the alterations he may make an order giving effect to the alterations.
Revocation of designation
Order in Council
A recommendation may be made under sub-paragraph (1) only if—
the authorised body has made a written request to the Secretary of State asking for it to be made;
the authorised body has agreed in writing to its being made; or
the Secretary of State is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed.
Requirement to seek advice
Where the Secretary of State considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the OFT.
Advice of Consultative Panel
The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate.
The Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.
When the Consultative Panel has completed its investigations it shall—
advise the Secretary of State as to whether or not there appear to be grounds for making the recommendation; and
if its advice is that there appear to be such grounds, advise the Secretary of State as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it.
The Consultative Panel shall publish any advice given by it under this paragraph.
Advice of Office of Fair Trading
The OFT shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition.
The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require.
When the OFT has completed its consideration sh all give such advice to the Secretary of State as it thinks fit.
The OFT shall publish any advice given by it under this paragraph.
The OFT shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person.
Notice to authorised body
When the Secretary of State has received the advice of the Consultative Panel and the OFT, he may give to the body a notice containing—
a copy of the advice; and
a statement of the effect of an Order made in pursuance of the recommendation.
The notice shall invite the authorised body to make representations in writing to the Secretary of State.
Any such representations must be made before the end of—
the period of three months beginning with the date on which the notice was given; or
such other period as the authorised body and the Secretary of State may agree.
Notice to members of authorised body
Where the Secretary of State—he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation.
has given a notice to an authorised body under paragraph 29(1); or
is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b),
Any such steps shall include inviting those members and other persons to make representations to the Secretary of State.
Any such representations—
shall, except in such circumstances as the Secretary of State may specify, be in writing; and
must be made before the end of the period of three months beginning with such date as may be specified by the Secretary of State.
Advice of designated judges
The Secretary of State shall send to each of the designated judges—
a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and
in a case where he is required to seek the advice of the Consultative Panel and the OFT, a copy of the advice given to him by the Consultative Panel and the OFT and of any representations made under paragraph 29.
Each of the designated judges shall then consider whether the Secretary of State should make the recommendation.
The Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.
When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.
Consideration by Secretary of State
Before deciding whether to make the recommendation the Secretary of State shall consider—
any representations made under paragraph 30 and the advice given by each of the designated judges; and
in a case where he is required to seek the advice of the Consultative Panel and the OFT, the advice given to him by the Consultative Panel and the OFT and of any representations made under paragraph 29.
The Order
An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision.
Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order.
Where such an Order is made, the Secretary of State shall—
give the body written notice of the making of the Order and of his reasons for recommending that it be made;
take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and
publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.
Appointment of members
Every member of the Board—
shall be appointed for such term, not exceeding three years, as the Secretary of State may specify; and
shall hold and vacate office in accordance with the terms of his appointment.
Any person who ceases to be a member of the Board shall be eligible for re-appointment.
A member of the Board may at any time resign his office by giving notice in writing to the Secretary of State .
The Secretary of State may remove a member of the Board if satisfied—
that he has failed to carry out his duties;
that a bankruptcy order has been made against him or that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
that he is otherwise unable or unfit to discharge the functions of a member of the Board.
Proceedings of the Board
The Board may regulate its own procedure.
Delegation of powers
Anything authorised or required by or under any enactment to be done by the Board, other than the making of rules, may be done—
by any member of the Board, or of the Board’s staff, who has been authorised for the purpose, whether generally or specifically, by the Board; or
by any committee or sub-committee of the Board which has been so authorised.
Vacancies and defective appointments
The validity of any proceedings of the Board shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.
Application of seal and proof of instruments
The application of the seal of the Board shall be authenticated by the signature of—
the Chairman or any other member of the Board; and
a member of the Board’s staff who has been authorised by the Board for the purpose, whether generally or specifically.
Documents served etc. by the Board
Any document which the Board is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Board by any member of the Board or of its staff who has been authorised for the purpose, whether generally or specifically, by the Board.
Every document purporting to be an instrument made or issued by or on behalf of the Board and—shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.
to be duly executed under the seal of the Board; or
to be signed or executed by a person authorised by the Board for the purpose,
Remuneration
The Board shall pay to its members such remuneration, and such travelling and other allowances, as it may determine.
If a member of the Board ceases to hold office and it appears to the Board that there are special circumstances which make it right that he should receive compensation, the Board may pay him such sum as it may determine.
Staff
The Board may appoint such staff, and shall pay them such remuneration, as it may determine.
The Board may, as regards any of its staff—
pay to or in respect of them such pensions, allowances or gratuities, as it may determine; or
provide and maintain for them such schemes (whether or not contributory) for the payment to or in respect of them of such pensions, allowances or gratuities, as it may determine.
The references in sub-paragraph (2) to pensions, allowances or gratuities include references to pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s staff who suffer loss of employment or loss or diminution of emoluments.
Accounts
The Board shall keep proper accounts of all sums received and paid by it and proper records in relation to those accounts.
The Board shall appoint auditors and cause its accounts to be audited annually by the auditors.
As soon as is practicable after the accounts for any period have been audited, the Board shall cause them to be published and shall send a copy of them to the Secretary of State together with a copy of any report of the auditors on the accounts.
No person shall be appointed as an auditor under this paragraph unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 or is a member of the Chartered Institute of Public Finance and Accountancy.
Annual report of Board
The Board shall submit to the Secretary of State an annual report on the discharge of its functions.
The Secretary of State shall lay the Board’s annual report before Parliament.
Parliamentary disqualification etc.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place— “ The Authorised Conveyancing Practitioners Board ”.
The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
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Licensed Conveyancers and Licensed CLC Practitioners
General
In this Schedule—“the Act of 1985” means the Administration of Justice Act 1985;“advocacy licence”, “litigation licence” and “probate licence” have the meaning given by section 53;“the Council” means the Council for Licensed Conveyancers;“the Discipline and Appeals Committee” means the committee established under section 25 of the Act of 1985;......“relevant licence” means a licence under Part II of the Act of 1985 or an advocacy, litigation or probate licence.“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).
Qualification regulations and rules of conduct
For the purpose of exercising the powers conferred by section 53 the Council may make such qualification regulations and conduct rules as it considers appropriate in connection with the carrying on of the reserved legal activities in question.
In making any such regulations or rules the Council may, in particular, do anything which it has power to do in making rules under section 13 of the Act of 1985 (training rules).
Applications for licences
An application for an advocacy licence, litigation licence or probate licence shall be made to the Council in such manner, and shall be accompanied by such fee, as may be prescribed by rules made by the Council under this paragraph.
Any such rules—
may prescribe the forms to be used in connection with applications for any such licence; and
may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules.
Rules made under section 14 of the Act of 1985 and this paragraph may make provision with respect to applications for composite licences.
Issue of licences
If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that—the Council may issue the applicant either with a licence free of conditions or with a licence subject to such conditions as it sees fit to impose.
the applicant has complied with such qualification regulations, conduct rules or other requirements as are applicable in his case in relation to the licence applied for;
that he has made adequate arrangements for the purpose of complying with any provisions which are applicable in his case in relation to the licence applied for; and
that he is a fit and proper person to carry on the reserved legal activities in question,
If the Council is for any reason not so satisfied, or for any other reason refuses the application, it shall notify the applicant of its refusal and of the grounds on which the application has been refused.
Subsections (3) to (6) of section 15 of the Act of 1985 (issue of licences under section 14 of that Act) shall apply, with the necessary modifications, with respect to—
any application under paragraph 3 for an advocacy licence and any advocacy licence in force under section 53;
any application under paragraph 3 for a litigation licence and any litigation licence in force under section 53; and
Conditional licences
This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence—
for the first time;
when conditions under this paragraph have been imposed on an advocacy, litigation or probate licence previously issued to him;
when conditions under section 16 of the Act of 1985 have been imposed on a licence under Part 2 of the Act of 1985 previously issued to him;
when, on the first day of the period to which the licence applied for would (if granted) relate, a period of twelve months or more will have elapsed since he held an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985 ;
after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985(including section 24A(1) as applied by section 53) or the Discipline and Appeals Committee have made any order in his case under section 26(1) of that Act(including section 26(1) as applied by section 53).
This paragraph also has effect in any case where a person applies for such a licence and any of the circumstances mentioned in paragraphs (e) to (j) of section 16 of the Act of 1985 (conditional licences) apply in his case.
Sub-paragraphs (1) and (2) are subject to subsection (4) of section 16 of the Act of 1985, as applied by sub-paragraph (7) of this paragraph.
In any case where this paragraph has effect the Council may, on issuing an advocacy, litigation or probate licence to the applicant, issue it subject to such conditions as the Council thinks fit.
The Council’s decision in any such case to impose any particular conditions under this paragraph may be made by reference to such criteria of general application as may have been determined by the Council.
Without prejudice to the generality of sub-paragraph (4), conditions may be imposed under that sub-paragraph—and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) or (c) or otherwise) as they may be under Part II of the Act of 1985.
for restricting the kinds of activities that may be carried on by the applicant by virtue of his having the advocacy, litigation or probate licence in question; ...
in the case of an applicant who is a licensed conveyancer, for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed conveyancer who carries on the additional activities authorised by that licence; or
for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed CLC practitioner,
Subsections (4) and (5) of section 16 of the Act of 1985 shall have effect, with the necessary modifications, with respect to an advocacy, litigation or probate licence as they have effect with respect to a licence issued under Part II of that Act.
Where a person applies for an advocacy, litigation or probate licence at a time when this paragraph has effect in relation to that person by reason of the circumstances mentioned in section 16(1)(ea) of the Act of 1985, section 16A(2) of that Act has effect as it has effect in relation to an application for a licence under Part 2 of that Act.
Register of licensed conveyancers
Where an advocacy, litigation or probate licence is in force with respect to a licensed conveyancer, the Council shall enter details of the licence in the appropriate place in the register of licensed conveyancers maintained by it under section 19 of the Act of 1985.
The Council shall accordingly cause the appropriate entries to be made on the issue of any advocacy, litigation or probate licence and deletions on any such licence ceasing to be in force.
Where any such licence is for the time being suspended, the Council shall cause that fact to be noted in the register against the name of the licensed conveyancer concerned.
Register of licensed CLC practitioners
The Council must establish and maintain, in such form as the Council may determine, a register containing the names and places of business of all persons who for the time being hold an advocacy, litigation or probate licence and are not licensed conveyancers.
The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person.
The Council must cause the appropriate entries and deletions to be made in the register on the issue and termination of advocacy, litigation and probate licences; and where any licence held by a person is for the time being suspended by virtue of any provision of Part 2 of the Act of 1985 as applied by this Act the Council must cause that fact to be noted in the register against that person's name.
Any change in a licensed CLC practitioner's place or places of business must be notified by that person to the Council within the period of fourteen days beginning with the date on which the change takes effect.
The Council must provide facilities for making the information contained in the entries in the register available for inspection in visible and legible form by any person during office hours and without payment.
A certificate signed by an officer of the Council appointed for the purpose and stating—is, unless the contrary is proved, evidence of the facts stated in the certificate; and a certificate purporting to be so signed is to be taken to have been so signed unless the contrary is proved.
that any person does or does not, or did or did not at any time, hold an advocacy, litigation or probate licence, or
that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions,
Code of conduct
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Effect of suspension or revocation
Where a relevant licence ceases to be in force because of—any other relevant licence in force with respect to that person at the time shall cease to have effect to the same extent as the licence in question.
a direction under section 24(5) of the Act of 1985, or
an order under section 26(2)(a) or (c) of the Act of 1985,
Removal of disqualification from holding a licence
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Revocation on grounds of error or fraud
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Recognised bodies
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Amendments of Provisions Relating to Powers of Council Etc.
Delegation of powers etc.
The Council may arrange for any of its functions (other than those of making rules, schemes or standing orders under Part II of the Act of 1985) to be discharged—
by a committee of the Council; or
by a sub-committee of such a committee; or
by an individual (whether or not a member of the Council's staff).
Where by virtue of sub-paragraph (1) any function may be discharged by a committee, the committee may arrange for the discharge of that function by—
a sub-committee of that committee; or
an individual, whether or not a member of the Council's staff.
Sub-paragraph (1A) is subject to any contrary direction given by the Council.
Arrangements made under sub-paragraph (1) or (1A) in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body).
For this purpose “the delegating body” means—
in the case of arrangements under sub-paragraph (1), the Council, and
in the case of arrangements under sub-paragraph (1A), the committee.
The Council may make rules providing for functions conferred by Part II of the Act of 1985 on any committee established under that Part to be discharged by a committee established under this paragraph.
Any power conferred by sub-paragraph (1), (1A) or (2) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.
The Council may make rules providing for any of its committees (including one established under Part II of the Act of 1985) to refer any matter of a kind specified in the rules, in such circumstances as may be so specified, to any other such committee, or to the Council.
Where any matter is referred under sub-paragraph (4) to a committee of the Council or to the Council, that committee or (as the case may be) the Council shall have the same power to deal with it as the committee referring it.
A committee or sub-committee established under this paragraph may include or consist of individuals other than—
members of the Council;
licensed conveyancers.
A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee.
The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.
A committee or sub-committee may regulate its own procedure, including quorum.
The validity of any proceedings of such a committee shall not be affected by any casual vacancy among its members.
Any rules made under this paragraph—
may make such incidental and supplemental provision as the Council considers appropriate; and
may make different provision for different circumstances.
This paragraph is subject to any provision to the contrary made by or under any enactment.
Council’s intervention powers
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Inadequate professional services
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Inadequate professional services: steps that may be taken
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Inadequate professional services: compensation
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Inadequate professional services: failure to comply with direction
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Inadequate professional services: fees
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Inadequate professional services: costs
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Duty of Discipline and Appeals Committee
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Power to examine files
Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it—the Council may give notice to the person complained of or his firm requiring the production or delivery to any person appointed by the Council, at a time and place to be fixed by the Council, of all documents in the possession of the person complained of or his firm in connection with the matters to which the complaint relates (whether or not they relate also to other matters).
alleging professional misconduct by a licensed conveyancer or licensed CLC practitioner ; or
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The provisions of paragraphs 9(2) to (12), 11 and 12 of Schedule 5 to the Act of 1985 shall apply in relation to the powers conferred by sub-paragraph (1) as they apply in relation to the powers conferred by paragraph 9(1) of that Schedule.
Interest on clients’ money
Where a licensed conveyancer or licensed CLC practitioner —the Council may give a direction requiring him to account to the client in question for any interest which has not been earned but which would have been earned if that sum had been placed in a separate deposit account as soon as was reasonably practicable.
is required by rules made under section 23 of the Act of 1985 to place any sum of money in a separate deposit account; but
fails to do so as soon as is reasonably practicable,
Full and limited licences
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Cases in which conditions may be attached to licences
In section 16(1) of the Act of 1985 (cases in which conditions may be attached to licences), the following shall be substituted for paragraph (i)—.
Advice from the Advisory Committee
Where the Secretary of State receives an application from a professional or other body (“the applicant") for approval under this Schedule, he shall refer the application to the Consultative Panel.
It shall be the duty of the Consultative Panel to consider the application and to give to the Secretary of State such advice as it considers appropriate.
Advice from the President of the Family Division
When the Secretary of State has received the Consultative Panel’s advice he shall refer the application, together with that advice, to the President of the Family Division.
It shall be the duty of the President to consider the application, in the light of that advice, and to give to the Secretary of State such advice as he considers appropriate.
If the President asks the Committee to give him advice with respect to the application, it shall be the duty of the Consultative Panel to do so.
Information to be supplied by applicant
The applicant shall provide the Secretary of State , the Consultative Panel and the President with any information that they may reasonably require.
Approval by Secretary of State
Having considered the advice given to him by the Consultative Panel and by the President, the Secretary of State may by order approve the application if, but only if, he is satisfied that the applicant has in force suitable arrangements—
for training; and
for ensuring that any person to whom the applicant grants the exemption mentioned in section 55(1) will at all times, while exempt, comply with the requirements of section 55(2)(a) to (e).
Refusal to approve
If the Secretary of State proposes to refuse the application he shall give the applicant written notice of his proposal.
The notice shall—
give the Secretary of State's reasons for proposing to refuse the application; and
inform the applicant of the effect of sub-paragraph (3).
Where such a notice is served, it shall be the duty of the Secretary of State , before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.
For the purposes of sub-paragraph (3), representations are duly made if—
they are made to the Secretary of State before the end of the period of 28 days beginning with the day on which the notice is served; and
unless the Secretary of State directs in a particular case, they are in writing.
If the Secretary of State refuses the application he shall give notice to the applicant in writing.
Any notice given under sub-paragraph (5) must give the Secretary of State's reasons for refusing the application.
Revocation of approval
The revocation of any approval given under this Schedule shall be by order (“a revoking order”) made by the Secretary of State.
A revoking order may only be made if—
the approved body has made a written request to the Secretary of State asking for it to be made;
the approved body has agreed in writing to its being made; or
the Secretary of State is satisfied that the circumstances at the time when he is considering the question are such that, had that body then been applying to become an approved body, its application would have failed.
A revoking order may make such transitional and incidental provision as the Secretary of State considers necessary or expedient.
Where a revoking order is made—
the exemption granted to any person by the body with respect to whom the order is made shall cease to have effect, subject to any transitional provision made by the order; and
the Secretary of State shall—
give the body with respect to whom the order is made written notice of the making of the order;
take such steps as are reasonably practicable to bring the making of the order to the attention of members of that body; and
publish notice of the making of the order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the order.
Role of the Advisory Committee
Where the Secretary of State is considering whether to make a revoking order by virtue of paragraph 6(2)(c)—
he shall seek the advice of the Consultative Panel; and
the Consultative Panel shall carry out such investigations with respect to the approved body as it considers appropriate.
Where—it may carry out such investigations with respect to the approved body as it considers appropriate.
the Secretary of State has not sought the advice of the Consultative Panel under sub-paragraph (1); but
the Consultative Panel has reason to believe that there may be grounds for recommending that a revoking order be made under paragraph 6(2)(c) with respect to an approved body,
If, on concluding any investigation carried out under sub-paragraph (1) or (2), the Consultative Panel considers that there are grounds for recommending the making of a revoking order with respect to the approved body concerned, it shall advise the Secretary of State accordingly.
Duty to comply with requests for information
Where the Consultative Panel is carrying out an investigation under paragraph 7 it may require the approved body concerned to provide it with such information, including copies of such documents, as it may reasonably require for the purposes of the investigation.
No person shall be required under sub-paragraph (1) to provide any information, or produce any copy of a document, which he could not be compelled to provide or produce in civil proceedings before a court.
Where an approved body fails, without reasonable excuse, to comply with a request made to it by the Consultative Panel under sub-paragraph (1), paragraph 6(2)(c) shall be taken to have been satisfied in relation to that body.
Notice to approved body
If the Consultative Panel advises the Secretary of State that there are grounds for recommending the making of a revoking order with respect to an approved body, the Secretary of State shall send written notice of that advice, and of the effect of such an order, to that body.
Any such notice shall invite the approved body to make representations in writing to the Secretary of State or such person as he may appoint for the purpose.
Any such representations must be made before the end of the period of three months beginning with the date on which the notice was given.
Notice to members of approved body
Where—he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the approved body and of any other persons who, in his opinion, are likely to be affected by any revoking order made with respect to that body.
the Secretary of State has given notice to an approved body under paragraph 9(1); or
is proposing to make a revoking order with respect to an approved body, by virtue of paragraph 6(2)(a) or (b),
Any such steps shall include inviting those members and other persons to make representations to the Secretary of State or (as the case may be) to the person appointed by him for the purpose.
Any such representations—
shall, except in such circumstances as the Secretary of State may specify, be in writing; and
must be made before the end of the period of three months beginning with such date as may be fixed by the Secretary of State .
Consideration by Secretary of State and President
It shall be the duty of the Secretary of State to consider—
any advice given to him by the Consultative Panel under paragraph 7; and
any representations duly made under paragraph 9 or 10.
Having done so, the Secretary of State shall—
send to the President a copy of any such advice and of any such representations (including a note of any oral representations); and
inform the President of his view as to whether or not a revoking order with respect to the approved body concerned should be made.
It shall be the duty of the President—
to consider the information sent to him by the Secretary of State ;
to inform the Secretary of State of his own decision in the matter; and
to give his reasons, in writing, for his decision.
No revoking order shall be made with respect to the approved body unless the Secretary of State and the President agree that it should be made.
Judicial and other Appointments
Appellate Jurisdiction Act 1876 (c. 59)
Lord of Appeal in Ordinary
In section 6 of the Appellate Jurisdiction Act 1876 (appointment of Lords of Appeal in Ordinary) for the words “a practising barrister in England or Ireland, or a practising advocate in Scotland" there shall be substituted—
War Pensions (Administrative Provisions) Act 1919 (c. 53)
Pensions Appeal Tribunal
In paragraph 2 of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (members of tribunal) in sub-paragraph (i) the words from “being a barrister" to “standing” shall be omitted.
After that paragraph there shall be inserted—
Land Registration Act 1925 (c. 21)
District Registrar
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
London Building Acts (Amendment) Act 1939 (c. xcvii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions Appeal Tribunals Act 1943 (c. 39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agriculture Act 1947 (c. 48)
Agricultural Land Tribunal
In . . . Schedule 9 to the Agriculture Act 1947 . . .
In paragraph 14 of that Schedule (deputies) for the words from “barristers" to the end there shall be substituted the words “ persons eligible for appointment under paragraph 13(1)." ”
Lands Tribunal Act 1949 (c. 42)
Lands Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wireless Telegraphy Act 1949 (c. 54)
In section 9(3)(a) of the Wireless Telegraphy Act 1949 (president of appeal tribunal) for the words “barrister of not less than seven years’ standing or a solicitor of not less than seven years’ standing" there shall be substituted“ person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
National Health Service (Amendment) Act 1949 (c. 93)
Arbitration committee
In section 7(6) of the National Health Service (Amendment) Act 1949 (member of arbitration committee) for the words “a practising barrister, advocate or solicitor" there shall be substituted “ a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) or an advocate or solicitor in Scotland" ”.
Courts-Martial Appeals Act 1951 (c. 46)
Judge Advocate of the Fleet
In section 28(2) of the Courts-Martial (Appeals) Act 1951 (appointment of Judge Advocate of the Fleet) for the words “unless he is" to the end there shall be substituted
Judge Advocate General etc
In section 31(1) of that Act (appointment of Judge Advocate General) for the words “unless he is" to the end there shall be substituted
In subsection (2) of that section (Vice or Assistant Judge Advocate General) for the words “unless he is" to the end there shall be substituted
In subsection (3) of that section (Deputy Judge Advocate General) for the words “unless he is" to the end there shall be substituted
Agricultural Marketing Act 1958 (c. 47)
Chairman of disciplinary committee
In section 9(1) of the Agricultural Marketing Act 1958 (constitution of disciplinary committee) for the words “who is a barrister" to the end there shall be substituted
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
County Court Judge
In section 103 of the County Courts Act (Northern Ireland) 1959 (qualifications for appointment as county court judge in Northern Ireland) after paragraph (a) of subsection (1) there shall be inserted—“(aa) he is a solicitor who has practised for not less than ten years as a solicitor in Northern Ireland; or".
Charities Act 1960 (c. 58)
Charity Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Professions Supplementary to Medicine Act 1960 (c. 66)
Assessor to disciplinary committee
In paragraph 4(1) of the Second Schedule to the Professions Supplementary to Medicine Act 1960 (assessor to disciplinary committee) for the words “a barrister" to the end there shall be substituted—
Betting Gaming and Lotteries Act 1963 (c. 2)
Levy Appeal Tribunal
In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (chairman of levy appeal tribunal) for the words “a barrister, advocate or solicitor of not less than seven years’ standing" there shall be substituted—.
Ecclesiastical Jurisdiction Measure 1963 (No. 1)
Judge of Consistory Court
In section 2(2) of the Ecclesiastical Jurisdiction Measure 1963 (judge of consistory court) for the words “barrister at law of at least seven years’ standing" there shall be substituted “ person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
Dean of the Arches and Auditor
In section 3(3) of that Measure (Dean of the Arches and Auditor) for the words “barrister at law of at least ten years’ standing" there shall be substituted “ person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
In section 42(3) of that Measure (deputy appointed by Dean of the Arches to sit on inquiry into complaint against bishop by committee of convocation) for the words “barrister at law of at least ten years’ standing" there shall be substituted “ person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;" ”.
Assessor for episcopal committee inquiry
In section 33(4) of that Measure (barrister to assist episcopal committee in inquiry into complaint) for the words “barrister at law of not less than ten years’ standing" there shall be substituted “ person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
Examiner
In paragraph 1(1) of the Second Schedule to that Measure (members of panel of examiners) for the words “who shall be either barristers at law or solicitors" there shall be substituted “ having a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) and" ”.
Plant Varieties and Seeds Act 1964 (c. 14)
Plant Variety Rights Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Act 1964 (c. 48)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hairdressers (Registration) Act 1964 (c. 89)
Assessor to disciplinary committee
In paragraph 3(1) of Schedule 2 to the Hairdressers (Registration) Act 1964 (assessor to disciplinary committee) for the words “a barrister" to the end there shall be substituted—
City of London Courts Act 1964 (c. iv)
The Common Serjeant
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law Commissions Act 1965 (c. 22)
Law Commissioner
In section 1(2) of the Law Commissions Act 1965 (Law Commissioners) for the words “barrister or solicitor" there shall be substituted “ person having a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.
Commons Registration Act 1965 (c. 64)
Commons Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Tribunal (England and Wales) Regulations 1965
Employment tribunal (S.I. 1965/1101.)
In regulation 3(1) of the Employment Tribunal (England and Wales) Regulations 1965 (President of Employment Tribunal) for the words “barrister or solicitor of not less than seven years’ standing" there shall be substituted “ person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”
In regulation 5(2) of those regulations (chairman of tribunal) for the words “being barristers or solicitors of not less than seven years’ standing" there shall be substituted “ who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
The amendments by sub-paragraphs (1) and (2) of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations amending or revoking those provisions.
Veterinary Surgeons Act 1966 (c. 36)
Assessor to disciplinary committee
In paragraph 6(1) of Schedule 2 to the Veterinary Surgeons Act 1966 (assessor to disciplinary committee) for the words from “a barrister" to the end there shall be substituted—
Hearing Aid Council Act 1968 (c. 50)
Assessor to Disciplinary Committee
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxes Management Act 1970 (c. 9)
Special Commissioner
In section 4(2) of the Taxes Management Act 1970 (Special Commissioner for income tax) for the words “unless he is" to the end there shall be substituted
Courts Act 1971 (c. 23)
Circuit Judge
In section 16(3) of the Courts Act 1971 (appointment of Circuit judges) for the words from “unless he is a barrister" to the end there shall be substituted
After Part I of Schedule 2 to that Act (certain office-holders to be circuit judges) there shall be inserted the following—
Recorder and Assistant Recorder
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Misuse of Drugs Act 1971 (c. 38)
In paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (chairman of tribunal) for the words “a barrister, advocate or solicitor of not less than seven years’ standing" there shall be substituted—.
Immigration Act 1971 (c. 77)
Immigration Appeal Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Friendly Societies Act 1974 (c. 46)
Assistant registrar of friendly societies
In section 2(2) of the Friendly Societies Act 1974 (at least one assistant registrar to be barrister or solicitor) for the words “barrister" to the end there shall be substituted “ person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”
Social Security Act 1975 (c. 14)
Social Security Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social security appeal tribunal and medical appeal tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Farriers Registration Act 1975 (c. 35)
Assessor to Disciplinary Committee
In paragraph 5(1) of Schedule 3 to the Farriers (Registration) Act 1975 (assessor to Disciplinary Committee) for the words “a barrister" to the end there shall be substituted—
Industry Act 1975 (c. 68)
Arbitration Tribunal
In paragraph 4(a) of Schedule 3 to the Industry Act 1975 (president of an arbitration tribunal) for the words “a barrister or solicitor of at least seven years’ standing" there shall be substituted—.
Aircraft and Shipbuilding Industries Act 1977 (c. 3)
Aircraft and Shipbuilding Industries Arbitration Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insurance Brokers (Registration) Act 1977 (c. 46)
Assessor to Disciplinary Committee
In section 20(1) of the Insurance Brokers (Registration) Act 1977 (assessor to Disciplinary Committee) for the words “a barrister" to the end there shall be substituted—
National Health Service Act 1977 (c. 49)
In paragraph 2 of Schedule 9 to the National Health Service Act 1977 (chairman of the tribunal) for the words “a practising barrister or solicitor of not less than ten years’ standing" there shall be substituted “ a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
Nurses, Midwives and Health Visitors Act 1979 (c. 36)
Assessors to the Central Council
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices of the Peace Act 1979 (c. 55)
Stipendiary Magistrate
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices’ Clerk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Act 1980 (c. 30)
Deputy Social Security Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senior Courts Act 1981 (c. 54)
Judge’s legal secretary
In section 98(4) of the Senior Courts Act 1981 (appointment by certain senior judges of a legally qualified secretary) for the words “barrister or solicitor" there shall be substituted “ person who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.
Conveyancing counsel
In section 131(1) of that Act (conveyancing counsel of the Supreme Court) for the words “conveyancing counsel in actual practice" to the end there shall be substituted “ persons who have a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”
Master, Registrar etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Representation of the People Act 1983 (c. 2)
Election Court Commissioner
In section 130 of the Representation of the People Act 1983 (barristers qualified to constitute election court) in subsection (1) for the word “barrister" there shall be substituted “ person" ”.
In subsection (2) of that section—
for the word “barrister" there shall be substituted “ person" ”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for paragraph (b)(ii) there shall be substituted—
In subsection (3)(a) for the word “barristers" there shall be substituted “ qualified persons" ”.
Mental Health Act 1983 (c. 20)
Lord Chancellor’s Legal Visitor
In section 102(3)(b) of the Mental Health Act 1983 (panel of Legal Visitors of patients) for the words “he is a barrister" to the end there shall be substituted “ he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”
Value Added Tax Act 1983 (c. 55)
VAT Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical Act 1983 (c. 54)
Legal Assessor to Committees
In paragraph 7(1) of Schedule 4 to the Medical Act 1983 (General Council to appoint legal assessors to advise Professional Conduct Committee, Health Committee and Preliminary Proceedings Committee) for the words “a barrister" to the end there shall be substituted—
Pastoral Measure 1983 (No. 1)
Appeal Tribunal
In Schedule 4 to the Pastoral Measure 1983 (compensation of clergy) in paragraph 15(1)(c) (constitution of Appeal Tribunal) for the words “are barristers at law or solicitors in England and Wales" there shall be substituted “ have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.
Merchant Shipping Act 1984 (c. 5)
Arbitrator
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dentists Act 1984 (c. 24)
Assessor to committees
In paragraph 5(1) of Schedule 3 to the Dentists Act 1984 (General Dental Council to appoint legal assessors to Professional Conduct Committee and Health Committee) for the words “a barrister" to the end there shall be substituted—
County Courts Act 1984 (c. 28)
District judges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Data Protection Act 1984 (c. 35)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
Umpire hearing appeals from Reinstatement Committee
In paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (persons appointed to hear appeals from Reinstatement Committee) for the words “unless he is a barrister" to the end there shall be substituted
Prosecution of Offences Act 1985 (c. 23)
Director of Public Prosecutions
In section 2(2) of the Prosecution of Offences Act 1985 (the Director of Public Prosecutions) for the words “barrister" to the end there shall be substituted “ person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”
Crown Prosecutors
Interception of Communications Act 1985 (c. 56)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1985 (c. 61)
Questions of construction
In section 48(1) of the Administration of Justice Act 1985 (action taken in reliance on counsel’s opinion on matter of construction) for the words “barrister of at least ten years’ standing" there shall be substituted “ person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
Assessor to Discipline and Appeals Committee of the Council of Licensed Conveyancers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transport Act 1985 (c. 67)
Transport Tribunal
For paragraph 2(2) of Schedule 4 to the Transport Act 1985 (president and chairman of Transport Tribunal) there shall be substituted—
Animals (Scientific Procedures) Act 1986 (c. 14)
In section 12(5) of the Animals (Scientific Procedures) Act 1986 (person appointed to receive representations) for the words “a barrister, solicitor or advocate of at least 7 years’ standing" there shall be substituted—.
Insolvency Act 1986 (c. 45)
Insolvency Practitioners Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Societies Act 1986 (c. 53)
In section 47(3) of the Building Societies Act 1986 (chairman of appeal tribunal) for the words “a barrister, solicitor or advocate of at least seven years’ standing" there shall be substituted—.
Banking Act 1987 (c. 22)
In section 28(3) of the Banking Act 1987 (chairman of appeal tribunal) for the words “a barrister, solicitor or advocate of at least seven years’ standing" there shall be substituted—.
Coroners Act 1988 (c. 13)
Coroner
In section 2(1) of the Coroners Act 1988 (appointment as coroner) for the words “unless he is a barrister, solicitor or" there shall be substituted.
Criminal Justice Act 1988 (c. 33)
Criminal Injuries Compensation Board
In paragraph 2(2) of Schedule 6 to the Criminal Justice Act 1988 (members of the Criminal Injuries Compensation Board) for the words from “if he is" to the end there shall be substituted
For paragraphs 2(8)(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
Assessor of compensation for miscarriages of justice
In Schedule 12 to that Act (appointment as assessor of compensation for miscarriages of justice) for paragraph 1(a) to (c) there shall be substituted—.
For paragraph 6(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
Copyright, Designs and Patents Act 1988 (c. 48)
Copyright Tribunal
In section 145(3) of the Copyright, Designs and Patents Act 1988 (chairman of Copyright Tribunal) for the words from “unless he is a barrister" to the end there shall be substituted
Security Service Act 1989 (c. 5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opticians Act 1989 (c. 44)
Assessor to Disciplinary Committee
In section 22(1) of the Opticians Act 1989 (assessor to Disciplinary Committee of the General Optical Council) for the words “a barrister" to the end there shall be substituted—
Judges etc Barred from Legal Practice
The following are the offices for the purposes of section 75—Judge of the Supreme Court Lord Justice of Appeal Puisne judge of the High Court Circuit judge District judge, including district judge of the principal registry of the Family Division Master of the Queen’s Bench Division Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals Admiralty Registrar Master of the Chancery Division Insolvency and Companies Court Judge Taxing Master of the Senior Courts Registrar of Civil Appeals Senior Judge of the Court of Protection President of the Court of Protection Vice-President of the Court of Protection District probate registrar Judge Advocate General Vice Judge Advocate General Assistant . . . Judge Advocate General District Judge (Magistrates’ Courts) Social Security Commissioner . . . President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals President of the Employment Tribunals (England and Wales) or member of a panel of Employment Judges established by regulations under section 1(1) of the Employment Tribunals Act 1996 for employment tribunals for England and Wales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member of the Charity Commission appointed as provided in Schedule 1 to the Charities Act 2011. Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 . Member of a Pensions Appeal Tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judge or other member of the First-tier Tribunal—appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act) Judge or other member of the Upper Tribunal—appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act) Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal
Widowers’ Pensions: Transitional Provisions
The following are the provisions which are inserted in the 1981 Act as Part IV of Schedule 2—
Transfer of Accrued Benefits
The following are the provisions which are inserted in the Judicial Pensions Act 1981, as Schedule 1A—
Foreign Lawyers: Partnerships and Recognised Bodies
Registration
General
In this Schedule—“the Act of 1974” means the Solicitors Act 1974;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“the register” means the register maintained by the Society under section 89;“registration” means registration in that register;“the Society” means the Law Society; and“the Tribunal” means the Solicitors Disciplinary Tribunal.
Application for registration
An application for registration or for renewal of registration—
shall be made to the Society in such form as the Society may prescribe; and
shall be accompanied by such fee as the Society may, with the concurrence of the Legal Services Board , prescribe.
Where such an application is duly made by a foreign lawyer, the Society may register the applicant if it is satisfied that the legal profession of which the applicant is a member is one which is so regulated as to make it appropriate for members of that profession to be managers of recognised bodies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Society may make regulations, with the concurrence of the Legal Services Board , with respect to—
the keeping of the register (including the form of the register and the manner in which entries are to be made, altered or removed); and
applications for registration or renewal of registration. and
the making available to the public of the information contained in the register (including the manner in which, and hours during which, the information is to be made so available and whether the information is to be made available free of charge).
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The Society may direct that a foreign lawyer's registration is to have effect subject to such conditions as the Society thinks fit to impose.
A direction under sub-paragraph (1) may be given in respect of a foreign lawyer
at the time he is first registered, or
at any time when the registration has effect.
Duration of registration
Every registration shall have effect from the beginning of the day on which it is entered in the register.
The Society may make regulations—
prescribing the date (“the renewal date") by which each registered foreign lawyer must apply for his registration to be renewed; and
requiring every entry in the register to specify the renewal date applicable to that registration.
Any such regulations may—
provide different renewal dates for different categories of registered foreign lawyer or different circumstances;
provide for the Society to specify, in the case of individual registered foreign lawyers, different renewal dates to those prescribed by the regulations;
make such transitional, incidental and supplemental provision in connection with any provision for different renewal dates as the Society considers expedient.
Where a foreign lawyer is registered, the Society may cancel his registration if—
the renewal date for his registration has passed but he has not applied for it to be renewed; or
he has applied to the Society for it to be cancelled.
Evidence as to registration
Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer—shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.
is, or is not, registered; or
was registered during a period specified in the certificate,
Registered Foreign Lawyers:Supplementary Provisions
Intervention in practices
Subject to sub-paragraphs (3) and (4), the intervention powers shall be exercisable in relation to a person who is or has been a registered foreign lawyer and the practice of the multi-national partnership of which he is or was a member as they are exercisable in relation to a solicitor and his practice.
The intervention powers are only exercisable where—
the Society has reason to suspect dishonesty on the part of the registered foreign lawyer, or on the part of an employee of the multi-national partnership, in connection with—
the practice of that partnership; or
any trust of which the registered foreign lawyer is or was a trustee . . . ;
in the case of a registered foreign lawyer who has died, the Society has reason to suspect dishonesty on the part of his personal representative, in connection with—
the practice of the multi-national partnership; or
any trust of which the registered foreign lawyer was a trustee . . . ;
the Society has reason to suspect dishonesty on the part of the registered foreign lawyer (“L”) in connection with—
the business of any person of whom L is or was an employee, or of any body of which L is or was a manager, or
any business which is or was carried on by L as a sole trader;
the Society is satisfied that the registered foreign lawyer has failed to comply with rules made under section 32 or 37(2)(c) of the Act of 1974;
a bankruptcy order (as defined in paragraph 10(3)) has been made against him or he has made a composition or arrangement with his creditors;
he has been committed to prison in any civil or criminal proceedings;
the Society is satisfied that he has abandoned his practice;
his name has been struck off the register or his registration has been suspended or cancelled;
he has purported to act as a member of a multi-national partnership at a time when he was not registered;
the Society is satisfied that he has failed to comply with any condition, subject to which he is registered, to the effect that—
he may only be a member of a partnership which is approved by the Society; or
he may only be a manager of a recognised body which is so approved; or
he may only be such a member or such a manager.
the Society is satisfied that it is necessary to exercise the intervention powers (or any of them) in relation to the registered foreign lawyer to protect—
the interests of clients (or former or potential clients) of the registered foreign lawyer or the multi-national partnership, or
the interests of the beneficiaries of any trust of which the registered foreign lawyer is or was a trustee.
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The intervention powers (other than those conferred by paragraphs 5 and 10 of Part II of Schedule 1 to the Act of 1974) shall also be exercisable where—
the Society is satisfied that there has been undue delay on the part of a registered foreign lawyer in connection with—
any matter in which he, or the multi-national partnership of which he is or was a member, was instructed on behalf of a client; or
any trust ;
the Society by notice invites the registered foreign lawyer to give an explanation within a period (of not less than 8 days) specified in the notice;
the registered foreign lawyer fails within that period to give an explanation which the Society regards as satisfactory; and
the Society gives notice of the failure to the registered foreign lawyer and notice that the intervention powers are accordingly exercisable.
Where the intervention powers are exercisable in relation to a registered foreign lawyer, they shall continue to be exercisable—
at any time when his registration is suspended;
after his name has been struck off the register or his registration has been cancelled; or
after his death.
Part II of Schedule 1 to the Act of 1974 shall have effect in relation to the intervention powers exercisable by virtue of this Schedule, subject to—
any express modifications made under section 89; and
any modifications necessary in the light of this paragraph.
For the purposes of this paragraph, Part II of Schedule 1 to the Act of 1974 shall be read with paragraph 4(2) of Part I of that Schedule.
The notices required to be given by this paragraph must be in writing but need not be given at the same time.
In this paragraph “manager”, in relation to a recognised body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act).
The Compensation Fund
Section 36 of the 1974 Act applies in relation to registered foreign lawyers as if for paragraphs (a) and (b) of subsection (1) there were substituted—.
Contributions to the Fund
Section 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.
Accountants’ reports
Section 34 of the Act of 1974 applies in relation to registered foreign lawyers as it applies in relation to solicitors.
Certification for purposes of investment business
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Effect of bankruptcy
The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order.
The suspension of any registration by reason of a bankruptcy order shall terminate if the order is annulled and an office copy of the order annulling it is served on the Society.
In sub-paragraph (1), “bankruptcy order” includes any order which is not a bankruptcy order but which has the same, or a similar, effect under the law in force in any territory outside England and Wales.
Effect of disciplinary action
Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended.
In sub-paragraph (1) “struck off” and “suspended from practice” mean—which is the equivalent, respectively, of a solicitor being struck off the roll or suspended from practice under the Act of 1974.
any action taken within the jurisdiction by reference to which the registered foreign lawyer is qualified to be registered; or
where the registered foreign lawyer is qualified to be registered by reference to more than one jurisdiction, any action taken within any one of those jurisdictions,
Re-instatement of disciplined foreign lawyer
Where a person’s registration has been suspended by virtue of paragraph 11, it shall be revived—
if his right to practise in the jurisdiction in question is restored; and
a copy of the instrument restoring his right, certified to be a true copy by an officer of the appropriate court in the jurisdiction in question, or the professional body concerned, is served on the Society.
Where a person whose registration is suspended by virtue of paragraph 11 applies to the Society for the suspension to be terminated, the Society may terminate it subject to such conditions, if any, as it thinks fit to impose.
Effective date of revived registration
Where a foreign lawyer’s registration is revived (whether as the result of the termination of its suspension, restoration by order of the Tribunal or for any other reason), that revival shall take effect on such date, and subject to such conditions, as the Society may direct.
Appeal against conditions or refusals
Any foreign lawyer may appeal to the High Court against—
the refusal of the Society to register him or to renew his registration;
the refusal of the Society to terminate the suspension of his registration on an application made by him under paragraph 12;
the failure of the Society to deal with any application by him for registration, renewal of registration or the termination (under paragraph 12(2)) of a suspension within a reasonable time; . . .
any condition imposed by the Society under paragraph 2A, 12(2) or 13 ; or—
a decision of the Society to remove his name from the register.
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On an appeal . . . under this paragraph, the High Court may make such order as it thinks fit.
In relation to an appeal under this paragraph the High Court may make such order as it thinks fit as to payment of costs.
The decision of the High Court on an appeal under this paragraph shall be final.
Jurisdiction and powers of Disciplinary Tribunal
Subject to paragraph 16, section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal) shall apply, with the necessary modifications, in relation to applications and complaints made by virtue of any provision of this Schedule as it applies in relation to applications and complaints made by virtue of any provision of that Act.
Any application—shall be made to the Tribunal.
to strike the name of a foreign lawyer off the register;
to require a registered foreign lawyer to answer allegations in an affidavit;
to suspend the registration of a foreign lawyer for a specified or indefinite period;
by a foreign lawyer whose name has been struck off the register by order of the Tribunal to have his name restored to the register;
by a foreign lawyer whose registration has been suspended for an indefinite period by order of the Tribunal for the termination of that suspension,
Any person who alleges that a registered foreign lawyer has knowingly acted in contravention of any order under section 43(2) of the Act of 1974 or of any conditions subject to which a permission has been granted under such an order may make a complaint to the Tribunal.
On the hearing of any application or complaint made to the Tribunal with respect to a foreign lawyer, the Tribunal shall have power to make such order as it may think fit, and any such order may in particular include provision for any of the following matters—
the striking off the register of the name of the foreign lawyer to whom the application or complaint relates;
the suspension of that foreign lawyer’s registration indefinitely or for a specified period;
the payment by that foreign lawyer of a penalty . . . , which shall be forfeit to Her Majesty;
the termination of that foreign lawyer’s unspecified period of suspension from registration;
the restoration to the register of the name of a foreign lawyer which has been struck off the register;
the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.
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Foreign lawyers assisting the Tribunal
For the purposes of section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal), the Tribunal may make rules providing for it to be assisted, in dealing with any application or complaint of a kind mentioned in paragraph 15, by a member of the legal profession in the jurisdiction by reference to which the foreign lawyer is or was qualified to be registered.
Rules under sub-paragraph (1) shall not be made without the concurrence of the Legal Services Board .
Subsection (12) of section 46 of the Act of 1974 (rules to be made by statutory instrument etc.) shall apply to rules made under this paragraph as it applies to rules made under subsection (9) of that section.
Appeals from Tribunal
An Appeal from the Tribunal shall lie to the High Court.
The High Court . . . shall have power to make such order on an appeal under this paragraph as it may think fit.
Any decision of the High Court on an appeal in the case of an order on an application under paragraph 15(2)(d) or (e), or the refusal of any such application, shall be final.
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Inadequate Professional Services
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Children Act 1989
Amendment of Act and Other Enactments Affected
In this Part of this Schedule “the Act of 1989” means the Children Act 1989.
The Civil Evidence Act 1968 (c. 64)
In section 12(5) of the Civil Evidence Act 1968 (findings of paternity in civil proceedings: meaning of “relevant proceedings") for the definition of “relevant proceedings" there shall be substituted—
Paragraph 24 of Schedule 13 to the Act of 1989 shall be omitted.
The Family Law Reform Act 1969 (c. 46)
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The Children and Young Persons Act 1969 (c. 54)
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The Administration of Justice Act 1970 (c. 31)
In paragraph 6 of Schedule 8 to the Administration of Justice Act 1970 (maintenance orders for purposes of Maintenance Orders Act 1958 and the 1970 Act) for the words “under section 47 or 51 of the Child Care Act 1980" there shall be substituted.
Paragraph 25 of Schedule 13 to the Act of 1989 shall be omitted.
The Adoption Act 1976 (c. 36)
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The Child Care Act 1980 (c. 5)
After section 21(2) of the Child Care Act 1980 (power of local authority to allow child in care to be under charge and control of parent, etc.) there shall be inserted the following subsection—.
The Education Act 1981 (c. 60)
In section 3A(1) of the Education Act 1981 (provision outside England and Wales for certain children), which was inserted in that Act by paragraph 36 of Schedule 12 to the Act of 1989, after the word “local", where it first occurs, there shall be inserted “ education" ”.
That amendment shall be deemed to have been incorporated in section 3A(1) as originally enacted.
The Children Act 1989 (c. 41)
In section 15(1) of the Children Act 1989 (orders for financial relief with respect to children) after the words “provisions of" there shall be inserted “ section 6 of the Family Law Reform Act 1969" ”.
At the end of paragraph 1 of Schedule 1 to the Act of 1989 (financial provision for children) there shall be inserted the following sub-paragraph—
In section 21(2)(c)(i) of the Act of 1989 (provision of accommodation for children on remand) after the word “section" there shall be inserted “ 16(3A) or" ”.
In section 23 of the Act of 1989 (provision of accommodation and maintenance made by local authority for children whom they are looking after), in subsection (2)(e) after the word “provided" there shall be inserted “ in accordance with arrangements made" ”.
After subsection (5) of that section there shall be inserted the following subsection—.
At the end of section 24 of the Act of 1989 (advice and assistance) there shall be added the following subsections—
In section 27 of the Act of 1989 (co-operation between authorities)—
in subsection (1) the words “or other person” and the words “or person” shall be omitted; and
in subsection (3) for the word “persons” there shall be substituted “ authorities” ”. . . .
In section 29 of the Act of 1989 (recoupment of cost of providing services etc.), in subsection (9), for the words “expenses reasonably" there shall be substituted “ reasonable expenses" ”.
In section 37 of the Act of 1989 (powers of court in certain family proceedings), in subsection (5)(b) for the words “does not reside" there shall be substituted “ is not ordinarily resident" ”.
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Section 42 of the Act of 1989 (right of guardian ad litem to have access to local authority records) shall be amended as follows.
In subsection (1)(a), after the word “authority" there shall be inserted “ or an authorised person" ”.
At the end of subsection (1) there shall be added—
The following subsection shall be added at the end—
For section 45(10) of the Act of 1989 (appeals against emergency protection orders) there shall be substituted—
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In section 93(2) of the Act of 1989 (rules of court)—
in paragraph (f) for the words “the United Kingdom" there shall be substituted “ England and Wales" ”; and
in paragraph (g) after the word “is" there shall be inserted “ or resides" ”.
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In section 97(8) of the Act of 1989 (privacy for children involved in certain proceedings) for the words “Section 71 of the Act of 1980 (newspaper reports of certain proceedings)" there shall be substituted “ Sections 69 (sittings of magistrates’ courts for family proceedings) and 71 (newspaper reports of certain proceedings) of the Act of 1980" ”.
In section 108(12) of the Act of 1989 (provisions extending to Northern Ireland), in the entry relating to Schedule 14, the word “18” shall be omitted.
In paragraph 14 of Schedule 2 to the Act of 1989 (regulations as to conditions under which child in care is allowed to live with parent, etc.), the following sub-paragraph shall be added at the end—
In Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.
In Schedule 4 to the Act of 1989 (management and conduct of community homes) the word “voluntary” wherever it occurs in paragraph 1(1), (2), (4), (5), (8) and (9) shall be omitted.
In paragraph 1(6)(b)(i) of that Schedule, the words “as a voluntary home” shall be omitted.
In paragraph 3(1) of Schedule 6 to the Act of 1989 (registered children’s homes – meaning of “responsible authority") for the word “Part" there shall be substituted “ Schedule" ”.
In sub-paragraph (1), there shall be added at the end
In sub-paragraph (2)(g), for “61" there shall be substituted “ 69" ”.
In Schedule 12 to the Act of 1989 (minor amendments), paragraph 25 (which amended section 16 of the Children and Young Persons Act 1969) shall be omitted.
In Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted.
Schedule 14 to the Act of 1989 (transitionals and savings) shall be amended as follows.
In paragraph 15 (children in compulsory care) at the end of sub-paragraph (1) there shall be added.
In paragraph 16 (modifications)—
in sub-paragraph (4), for the word “(g)" there shall be substituted “ (h)" ”; and
in sub-paragraph (5) for the words from “under" to “1973" there shall be substituted.
After paragraph 16 there shall be inserted the following paragraph—
In paragraph 22(a) for the word “(g)" there shall be substituted “ (h)" ”.
In paragraph 36(5)(b) for the words “subsection (4)" there shall be substituted “ subsection (6)" ”.
Further Consequential Amendments
The Maintenance Orders Act 1950 (c. 37)
In section 15(1)(a) of the Maintenance Orders Act 1950 (service of process), for sub-paragraphs (iii) and (iv) there shall be substituted—.
In section 16(2)(a) of that Act (application of Part II)—
for sub-paragraph (iii) there shall be substituted—; and
in sub-paragraph (v), for the words “section 47 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.
The Social Work (Scotland) Act 1968 (c. 49)
In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation), in the definition of “supervision order" for the words from first “has" to “1969" there shall be substituted “ means a supervision order under the Children and Young Persons Act 1969 or the Children Act 1989" ”.
The Administration of Justice Act 1970 (c. 31)
In Schedule 8 to the Administration of Justice Act 1970 (maintenance orders for purposes of Maintenance Orders Act 1958 and the 1970 Act), for paragraph 4 there shall be substituted—
Paragraph 12 of that Schedule shall cease to have effect.
The Attachment of Earnings Act 1971 (c. 32)
In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which Act of 1971 applies) for paragraph 5 there shall be substituted—
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
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In section 30 of that Act (further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children) subsections (1), (2) and (6) shall cease to have effect.
The Magistrates’ Courts Act 1980 (c. 43)
In section 65(1) of the Magistrates’ Courts Act 1980 (meaning of family proceedings), paragraph (k) shall be omitted.
The Civil Jurisdiction and Judgments Act 1982 (c. 27)
In section 18(6) of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) for paragraph (b) there shall be substituted—
The Mental Health Act 1983 (c.20)
In section 116(2) of the Mental Health Act 1983 (visiting of patients who are children) for paragraph (a) there shall be substituted—.
Minor Amendments
The Naval Agency and Distribution Act 1864 (c. 24)
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The Land Registration Act 1925 (c. 21)
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The Administration of Justice Act 1956 (c. 46)
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The Powers of Attorney Act 1971 (c. 27)
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The Attachment of Earnings Act 1971 (c. 32)
In section 6 of the Attachment of Earnings Act 1971 (effect of attachment of earnings order), the following subsections shall be added at the end—
In section 23 of that Act (powers of judge in relation to failure by debtor to comply with order etc.) the following subsection shall be inserted at the end—
The Juries Act 1974 (c. 23)
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The Solicitors Act 1974 (c. 47)
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The Magistrates’ Courts Act 1980 (c. 43)
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The Senior Courts Act 1981 (c. 54)
In section 5(3) of the Senior Courts Act 1981 (judges to sit in other divisions of the High Court at the request of the Lord Chancellor) for the words “Lord Chancellor" to the end there shall be substituted “ Lord Chief Justice made with the concurrence of the President of the Family Division or the Vice-Chancellor, or both, as appropriate" ”.
In section 36(4) of that Act (witness not to be punished for failing to appear if he is not offered payment of his reasonable expenses of attending), for the words from “the expenses", to the end, there shall be substituted
The County Courts Act 1984 (c. 28)
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In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted—
In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end—
In section 138 of that Act (forfeiture for non-payment of rent), in subsections (2), (3), (5), (7), (8) and (9) (which relate to relief from forfeiture on payment into court of rent and costs), after the words “into court", in each place where they occur, there shall be inserted “ or to the lessor" ”.
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The Legal Aid Act 1988 (c. 34)
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The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)
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Consequential Amendments
The Public Records Act 1958 (c. 51)
In the First Schedule to the Public Records Act 1958 (definition of public records) the following entries shall be inserted in the appropriate places in Part II of the Table in paragraph 3—.
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The Tribunals and Inquiries Act 1971 (c. 62)
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The Matrimonial Causes Act 1973 (c.18)
In section 50(1) of the Matrimonial Causes Act 1973 (matrimonial causes rules), for the words from “one registrar of the divorce registry" to “local law society" there shall be substituted “ one district judge of the principal registry of the Family Division, two Circuit judges, one district judge appointed under the County Courts Act 1984, two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990), and two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court." ”.
The Fair Trading Act 1973 (c.41)
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The Juries Act 1974 (c. 23)
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The Consumer Credit Act 1974 (c.39)
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The Solicitors Act 1974 (c. 47)
In section 7 of the Solicitors Act 1974 (entry of names in the roll and restoration of names struck off), the following shall be inserted at the end of paragraph (b)—.
In section 8 of that Act (removal or restoration of name at solicitor’s request), the following subsection shall be inserted after subsection (2)—
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In section 32 of that Act (accounts rules and trust account rules), the following subsection shall be inserted after subsection (5)—
In section 41 of that Act (employment by solicitor of person struck off or suspended), the following subsection shall be inserted after subsection (1)—
In section 42 of that Act (failure to disclose certain facts to solicitor employer), the following subsection shall be inserted after subsection (1)—
Section 80 of that Act (powers to act on behalf of Society) shall be amended as follows.
In subsection (1) for the words “to committees conferred on the Council" there shall be substituted “ conferred" ”.
In subsection (3)—
after the word “Council", in the second place where it occurs, there shall be inserted “ or sub-committee" ”; and
for the words “or the committee" there shall be substituted “ , committee or sub-committee" ”.
In section 87(1) of that Act (interpretation) after the definition of “practising certificate" there shall be inserted— “ “replacement date” , in relation to a practising certificate, means the date prescribed under section 14(2)(a) or specified by the Society under any regulation made by virtue of section 14(4)(b); ”.
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The Restrictive Trade Practices Act 1976 (c.34)
In section 41(1) of the Restrictive Trade Practices Act 1976 (purposes for which certain information obtained under the Act may be disclosed), in paragraph (a)—
after the words “Electricity Supply" there shall be inserted “ or the Authorised Conveyancing Practitioners Board" ”; and
after the words “Regulations 1988" there shall be inserted “ or the Courts and Legal Services Act 1990" ”.
The Patents Act 1977 (c.37)
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The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)
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The Estate Agents Act 1979 (c.38)
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The Competition Act 1980 (c.21)
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The Social Security Act 1980 (c. 30)
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The Magistrates’ Courts Act 1980 (c.43)
The Magistrates’ Courts Act 1980 shall be amended as follows.
In section 150(1) (interpretation) after the definition of “impose imprisonment" there shall be inserted the following definition—.
For the words—there shall be substituted “ a legal representative" ”.
“counsel or a solicitor” in sections 4(4)(b), 6(2)(b), 23(1)(a) and 128(1B);
“counsel or solicitor” in sections 122(1) and (3);
For the words—there shall be substituted “ legal representative" ”.
“solicitor” in sections 6(2)(a), 12(2), 128(1A)(ii) and (3B);
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For the words—there shall be substituted “ legal representatives" ”.
“solicitors and counsel” in section 69(2)(b);
“solicitors or counsel” in section 69(4),
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The Judicial Pensions Act 1981 (c. 20)
In section 16 of the Judicial Pensions Act 1981 (application of Part II and interpretation), in the definition of “derivative benefit", after the word “widow’s" there shall be inserted “ widower’s" ”.
In section 22 of that Act (children’s pension: rate and mode of payment)—
in subsection (2) for the words “leaves no widow and, if he leaves a widow, after her death" there shall be substituted “ leaves no widow or widower and, if he or she leaves a widow or widower, after his or her death" ”;
in subsection (3), after the word “widow" there shall be inserted “ or widower" ” and after the word “her" there shall be inserted “ or his" ”; and
in subsection (4), after the word “widow", in both places, there shall be inserted “ or widower" ” and after the words “she has a husband" there shall be inserted “ or he has a wife" ”.
In section 23 of that Act (contributions towards widows and children’s pensions) for the words “man’s" and “man" there shall be substituted “ person’s" ” and “person".
In section 25 of that Act (persons serving again after retirement), in subsection (1)—
in paragraph (a), for the words “widow or child of his" there shall be substituted “ widow, widower or child of that person" ”; and
in paragraph (b), for the word “his" there shall be substituted “ that person’s" ”.
In the following sections of that Act—after the word “widow’s" there shall in each case be inserted “ widower’s" ”.
29 (recommendation of a Minister required in certain cases);
31 (payments charged on Consolidated Fund); and
32(3)(b) (definition of “pension benefits"),
The following section shall be inserted in that Act at the beginning of Part III—
In Part I of Schedule 1 to that Act (certain Supreme Court officers)—
for the entry “Registrar, Principal Registry of the Family Division" there shall be substituted— “ District judge of the Principal Registry of the Family Division. ”; and
for the entries “County court registrar" and “county court assistant registrar" there shall be substituted—
In paragraph 15 of Schedule 1 to that Act (persons injured, or contracting disease, in discharge of their duties), in sub-paragraph (2)(a), after the word “widow" there shall be inserted “ or, in the case of a female officer, her widower" ”.
At the beginning of sub-paragraph (1) of paragraphs 15 and 16 of Schedule 2 to that Act (transitional provisions with respect to derivative benefits) there shall be inserted the words “ Subject to paragraph 28 below," ”.
In paragraph 7(3) of Schedule 3 to that Act, after the word “widow’s" there shall be inserted “ widower’s" ”.
The Senior Courts Act 1981 (c. 54)
In section 85 of the Senior Courts Act 1981 (Supreme Court Rule Committee)—
for paragraphs (f) and (g) of subsection (1), there shall be substituted—
for subsection (4) there shall be substituted—
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In section 89(2) of that Act (person appointed as Queen’s coroner and attorney and master of the Crown Office to be master of Queen’s Bench Division) after the words “Crown Office" there shall be inserted “ and Registrar of criminal appeals" ”.
For section 89(3)(e) of that Act (Senior Registrar of Family Division) there shall be substituted—.
In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—
In section 100(1) of that Act (county court registrar to be appointed as district registrar for each district registry) for the words “county court registrar as a district registrar of the High Court" there shall be substituted “ district judge for a county court district, appointed under section 6 of the County Courts Act 1984, as a district judge of the High Court." ”
for the words “county court registrar" there shall be substituted “ district judge for a county court district" ”;
for the words “registrar" and “district registrar" in each place where they occur, except in the context of county court registrar, assistant district registrar or deputy district registrar, there shall be substituted “ district judge" ”;
for the words “assistant district registrar" in each place where they occur there shall be substituted “ assistant district judge" ”; and
for the words “deputy district registrar" in each place where they occur there shall be substituted “ deputy district judge" ”.
In section 151(1) of that Act (interpretation), the following shall be inserted after the definition of “appeal”—.
The County Courts Act 1984 (c. 28)
In sections 6 to 12 of the County Courts Act 1984 (provisions with respect to registrars, assistant registrars and deputy registrars)—and
for the word “registrar" in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “ district judge" ”;
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for the words “deputy county court registrar" and “deputy registrar" in each place where they occur there shall be substituted “ deputy district judge" ”.
In section 52 of that Act (powers of court exercisable before commencement of action) the following subsection shall be added at the end—
In section 53 of that Act (powers of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death) the following subsection shall be added at the end—
In section 69 of that Act (power to award interest on debts and damages), the following shall be substituted for subsection (8)—
For section 75(7) of that Act (members of the rule committee) there shall be substituted—
For section 143(1) of that Act (prohibition on persons other than solicitors receiving remuneration for work in county courts) there shall be substituted—
In section 147(1) of that Act (interpretation) after the definition of “landlord" there shall be inserted—
For the word “solicitors” in sections 18, 24(1),... 75(3)(f) and 79 of that Act there shall be substituted “ legal representatives" ”.
The Matrimonial and Family Proceedings Act 1984 (c. 42)
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The Prosecution of Offences Act 1985 (c. 23)
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In section 14(1)(a) of that Act (regulations in relation to fees of counsel) for the word “counsel" there shall be substituted “ any legal representative" ”.
The following definition shall be inserted in section 15(1) of that Act after the definition of “Director”—
In section 20(2) of that Act (regulations providing for the recovery of sums paid by the Legal Aid Board or out of central funds), in paragraph (a) for the words “party to proceedings" there shall be substituted “ person" ”.
The Administration of Justice Act 1985 (c. 61)
Section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices) shall be amended as follows.
In subsection (1)(a)—
after the word “solicitors", where it first occurs, there shall be inserted “ or solicitors and one or more registered foreign lawyers" ”; and
at the end there shall be inserted “ or by multi-national partnerships" ”.
In subsection (8), the following definitions shall be inserted at the appropriate places—“multi-national partnership” means a schedule 20partnership whose members consist of one or more registered foreign lawyers and one or more solicitors;“registered foreign lawyer” means a person who is registered under section 89 of the Courts and Legal Services Act 1990.
In paragraph 10 of Schedule 2 to that Act (which extends the offence in section 42(1) of the Solicitors Act 1974 of seeking employment whilst struck off or suspended to employment by an incorporated practice) for the words “Section 42(1)" there shall be substituted “ Section 42(1) and (1A)" ”.
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In Schedule 2 to that Act (incorporated practices), in paragraph 18 the following sub-paragraph shall be inserted after sub-paragraph (2)—
In Schedule 6 to that Act (incorporated licensed conveyancers) the following shall be substituted for paragraph 4(3)—
The Legal Aid Act 1988 (c. 34)
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Transitionals and Savings
Discrimination by, or in relation to, barristers
Nothing in section 64 shall have effect in relation to anything done before the date on which that section came into force in relation to a pupillage or tenancy which began before that date.
Judicial appointments: barristers
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Judicial appointments: solicitors
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Directions under section 83 of the Senior Courts Act 1981 (c. 54)
This paragraph is without prejudice to section 17(2)(b) of the Interpretation Act 1978.
District judges
For the purposes of section 16(3)(c) of the Courts Act 1971 (certain office-holders eligible, after 3 years, for appointment as Circuit judges) a person who holds an office (the “former office") which, on the coming into force of section 74, becomes the office of district judge shall be deemed to have held that office since his appointment to the former office.
Judicial oaths
Sub-paragraph (2) applies in relation to any person who, immediately after the coming into force of section 76, holds any of the offices listed in subsection (1) of that section.
Retirement age of certain officers of Senior Courts
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Investigations by lay observers
Where, before the coming into force of section 21, the Law Society has received a report from a lay observer under section 45 of the Solicitors Act 1974 (investigation by lay observers of Law Society’s treatment of complaints), the Legal Services Ombudsman shall have no power to investigate any allegation in relation to that complaint.
Where—the Ombudsman may either exercise the functions of a lay observer under the Act of 1974 in relation to that allegation or treat it as an allegation duly made under this Act.
any allegation has been duly made to a lay observer under section 45 of the Act of 1974; but
he has not—before the repeal of that section has effect,
concluded his examination of the allegation; or
reported to the Law Society,
Where the Ombudsman decides to exercise the functions of a lay observer, by virtue of sub-paragraph (2), the Act of 1974 shall have effect in relation to his investigation as if this Act had not been passed.
Judicial pensions
The repeal by this Act of subsection (3) of section 3 of the Superannuation (Miscellaneous Provisions) Act 1967 shall not affect its application in relation to any abatement made under that section.
The repeal by this Act of subsection (3) of section 1 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 shall not affect its application in relation to any abatement made under that section.
The repeal by this Act of section 19(5) of the Courts Act 1971 shall not affect its application in relation to any abatement made under section 18(3) of that Act.
The repeal by this Act of subsection (4) of section 9 of the Administration of Justice Act 1973 shall not affect its application so far as it provides for any abatement which has been made under that subsection to be disregarded.
The repeal by this Act of subsection (4) of section 12 of the Senior Courts Act 1981 shall not affect its application so far as it provides for any abatement which has been made under that subsection to be disregarded.
Overseas solicitors
Notwithstanding the repeal by this Act of section 4 of the Solicitors Act 1974 (under which the Overseas Solicitors (Admission) Order 1964 has effect) training regulations made under section 2 of that Act may contain provisions expressed to have effect in relation to territories listed in Schedule 1 to that Order.
Sub-paragraph (1) is without prejudice to the power in section 2(3)(d) of that Act to make different provision for different classes of person and different circumstances.
Sub-paragraph (1) shall cease to have effect on the coming into force of any such training regulations which contain provisions applying in relation to any territory—
which is listed in the Order of 1964; but
which is identified in the regulations otherwise than by reference to that list.
Practising certificates
Section 14 of the Solicitors Act 1974, as substituted by section 86 shall have effect, in relation to any practising certificate which is in force on the commencement of section 86, as if it provided for the replacement date for that certificate to be the 31st October following that commencement.
Sub-paragraph (1) is subject to any direction (whether general or specific) given by the Law Society.
The definition of “replacement date", inserted in section 87(1) of the Solicitors Act 1974 by paragraph 17 of Schedule 18 shall have effect subject to the provision made by this paragraph.
Notaries
Subsection (2) of section 57 and the repeal by this Act of the provisions relating to the serving of apprenticeships mentioned in subsection (3) of that section shall not have effect in relation to any person who, at the date on which subsection (2) of that section comes into force, is serving such an apprenticeship.
The Master of the Faculties may make rules providing—
for a reduction in the period of apprenticeship of any person to whom this paragraph applies with a view to securing that no such person is required to undertake a period of training longer than the period which he would have been required to undertake, by virtue of rules made by the Master, had he started his training after the commencement of subsection (2) of section 57; or
for all such apprenticeships to be brought to an end on such day as may be prescribed.
Redress for inadequate professional services
section 44A of the Solicitors Act 1974;
section 47A of that Act; and
paragraph 19 of Schedule 2 to the Administration of Justice Act 1985,
The Council for Licensed Conveyancers
The following provisions—shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 53.
section 53;
the repeal by Schedule 20 of section 26(3) of the Administration of Justice Act 1985; and
paragraph 58 of Schedule 18,
Until such date as may be specified by order made by the Lord Chancellor, the provisions of—shall have effect as if they conferred powers on the Discipline and Appeals Committee and not on the Council for Licensed Conveyancers.
paragraphs 14 to 20 of Schedule 8; and
Any order made by the Lord Chancellor under sub-paragraph (2) may make such transitional, consequential or supplemental provision as he thinks necessary or expedient in consequence of the transfer of jurisdiction under the provisions in question from the Discipline and Appeals Committee to the Council.
Immunity of magistrates etc.
The Justices of the Peace Act 1979 shall continue to apply in relation to any matter arising before the coming into force of section 108, in connection with the exercise or purported exercise of his office by a justice of the peace, as if section 108 had not been enacted.
The Magistrates’ Courts (Northern Ireland) Order 1981 shall continue to apply in relation to any matter arising before the coming into force of section 109, in connection with the exercise or purported exercise of his office by a resident magistrate or justice of the peace, as if section 109 had not been enacted.
Section 63 of the Administration of Justice Act 1985 shall continue to apply in relation to any matter arising before the coming into force of section 109, in connection with the exercise or purported exercise of his office by a person to whom this sub-paragraph applies, as if section 109 had not been enacted.
Sub-paragraph (3) applies to—
a resident magistrate, including a deputy resident magistrate;
a justice of the peace; and
a person specified in section 63(7) of the Act of 1985 (county court judges sitting in connection with certain appeals and members of juvenile court panels).
Commissioners for Oaths
The repeal by this Act of section 1(1) of the Commissioners for Oaths Act 1889 shall not affect the power of the Lord Chancellor to revoke any appointment made by the Lord Chancellor under that provision.
Repeals