The Courts and Legal Services Act 1990 (Chapter 41, updated up to April 27, 2020), 联合王国, WIPO Lex

主要文本

英语 The Courts and Legal Services Act 1990 (Chapter 41, updated up to April 27, 2020)

The Courts and Legal Services Act 1990 (updated up to April 27, 2020)

Status: This version of this Act contains provisions that are prospective. Changes to legislation: Courts and Legal Services Act 1990 is up to date with all changes known to be in force on or

before 27 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Courts and Legal Services Act 1990 1990 CHAPTER 41

An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to legal services; to establish a body to be known as the Lord Chancellor’s Advisory Committee on Legal Education and Conduct and a body to be known as the Authorised Conveyancing Practitioners Board; to provide for the appointment of a Legal Services Ombudsman; to make provision for the establishment of a Conveyancing Ombudsman Scheme; to provide for the establishment of Conveyancing Appeal Tribunals; to amend the law relating to judicial and related pensions and judicial and other appointments; to make provision with respect to certain officers of the Supreme Court; to amend the Solicitors Act 1974; to amend the Arbitration Act 1950; to make provision with respect to certain loans in respect of residential property; to make provision with respect to the jurisdiction of the Parliamentary Commissioner for Administration in connection with the functions of court staff; to amend the Children Act 1989 and make further provision in connection with that Act; and for connected purposes. [1st November 1990]

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:—

Extent Information E1 For extent of this Act see s. 123

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Changes to legislation: Courts and Legal Services Act 1990 is up to date with all changes known to be in force on or before 27 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

PART I

PROCEDURE ETC. IN CIVIL COURTS

Allocation and transfer of business

Allocation of business between High Court[F1, family court] and [F2county court].

(1) The Lord Chancellor may by order make provision— (a) conferring jurisdiction on the High Court in relation to proceedings in which

[F3the family court or ][F4the county court has] jurisdiction; (b) conferring jurisdiction on [F5the family court or][F6the county court] in relation

to proceedings in which the High Court has jurisdiction; (c) allocating proceedings to the High Court [F7or to the family court] or to [F6the

county court] ; (d) specifying proceedings which may be commenced only in the High Court;

[F8(da) specifying proceedings which may be commenced only in the family court,] (e) specifying proceedings which may be commenced only in [F9the] county

court; (f) specifying proceedings which may be taken only in the High Court;

[F10(fa) specifying proceedings which may be taken only in the family court;] (g) specifying proceedings which may be taken only in [F11the] county court.

[F12(1A) An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.]

(2) 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.

(3) The criteria so specified may, in particular, relate to— (a) the value of an action (as defined by the order); (b) the nature of the proceedings; (c) the parties to the proceedings;

[F13(ca) any relationship between the proceedings and any other proceedings;] (d) the degree of complexity likely to be involved in any aspect of the

proceedings; and (e) the importance of any question likely to be raised by, or in the course of, the

proceedings. F14(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any such order may— (a) amend or repeal any provision falling within subsection (8) and relating to—

(i) the jurisdiction, practice or procedure of the [F15Senior Courts] ; or (ii) the jurisdiction, practice or procedure of [F16the county court], [F17or

(iii) the jurisdiction, practice or procedure of the family court,]

3Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts Document Generated: 2020-04-27

so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or

(b) make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.

(8) A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.

(9) Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, [F18the 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).

(10) No such order shall be made so as to confer jurisdiction on [F19the family court or][F20the county court] to hear any application for judicial review.

(11) 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.

(12) F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(13) 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.]

Textual Amendments F1 Words in s. 1 in title inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10

para. 76(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words in s. 1 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(7); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Words in s. 1(1)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(2)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Words in s. 1(1)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5 Words in s. 1(1)(b) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(2)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6 Words in s. 1(1)(b)(c) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 Words in s. 1(1)(c) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(2)(c); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 S. 1(1)(da) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(2) (d); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F9 Word in s. 1(1)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10 S. 1(1)(fa) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(2) (e); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11 Word in s. 1(1)(g) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F12 S. 1(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 212(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

F13 S. 1(3)(ca) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F14 S. 1(4)-(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(5); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F15 Words in s. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

F16 Words in s. 1(7)(a)(ii) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(6); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F17 S. 1(7)(a)(iii) and word inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F18 Words in s. 1(9) repealed (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 212(3); S.I. 2005/2505, art. 2(c)

F19 Words in s. 1(10) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F20 Words in s. 1(10) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 32(6); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F21 S. 1(12) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 348, Sch. 10; S.I. 2005/910, art. 3(y)(aa)(bb)

F22 S. 1(13) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 212(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

Transfer of proceedings between courts.

(1) The following section shall be substituted for section 40 of the M1County Courts Act 1984 (transfer of proceedings to county court)—

“40 Transfer of proceedings to county court.

(1) Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in a county court it shall—

(a) order the transfer of the proceedings to a county court; or (b) if the court is satisfied that the person bringing the proceedings knew,

or ought to have known, of that requirement, order that they be struck out.

5Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts Document Generated: 2020-04-27

(2) Subject to any such provision, the High Court may order the transfer of any proceedings before it to a county court.

(3) An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.

(4) Proceedings transferred under this section shall be transferred to such county court as the High Court considers appropriate, having taken into account the convenience of the parties and that of any other persons likely to be affected and the state of business in the courts concerned.

(5) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(6) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—

(a) the judgment or order may be enforced as if it were a judgment or order of a county court; and

(b) subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes.

(7) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—

(a) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall not apply.

(8) The provisions referred to in subsection (1) are any made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment.

(9) This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.”

(2) In section 41 of the M2County Courts Act 1984 (transfer to High Court by order of the High Court), the following subsection shall be added at the end—

“(3) The power conferred by subsection (1) shall be exercised subject to any provision made—

(a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment.”

(3) 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)—

“42 Transfer to High Court by order of a county court.

(1) Where a county court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall—

(a) order the transfer of the proceedings to the High Court; or

6 Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

(2) Subject to any such provision, a county court may order the transfer of any proceedings before it to the High Court.

(3) An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.

(4) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(5) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section—

(a) the judgment or order may be enforced as if it were a judgment or order of the High Court; and

(b) subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes.

(6) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section—

(a) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply.

(7) The provisions referred to in subsection (1) are any made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment.

(8) This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.”

(4) F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F23 S. 2(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group.

Commencement Information I1 S. 2 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art.2, Sch.

Marginal Citations M1 1984 c. 28. M2 1984 c. 28.

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts Document Generated: 2020-04-27

Remedies

Remedies available in county courts.

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)—

“38 Remedies available in county courts.

(1) Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.

(2) Any order made by a county court may be— (a) absolute or conditional; (b) final or interlocutory.

(3) A county court shall not have power— (a) to order mandamus, certiorari or prohibition; or (b) to make any order of a prescribed kind.

(4) Regulations under subsection (3)— (a) may provide for any of their provisions not to apply in such

circumstances or descriptions of case as may be specified in the regulations;

(b) may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;

(d) may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations.

(5) In this section “prescribed” means prescribed by regulations made by the Lord Chancellor under this section.

(6) The power to make regulations under this section shall be exercised by statutory instrument.

(7) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.”

Commencement Information I2 S. 3 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Costs

Costs.

(1) The following section shall be substituted for section 51 of the M3[F24Senior Courts Act 1981] (costs in civil division of Court of Appeal and High Court)—

“51 Costs in civil division of Court of Appeal, High Court and county courts.

(1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in—

(a) the civil division of the Court of Appeal; (b) the High Court; and (c) any county court,

shall be in the discretion of the court.

(2) Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives.

(3) The court shall have full power to determine by whom and to what extent the costs are to be paid.

(4) In subsections (1) and (2) “proceedings” includes the administration of estates and trusts.

(5) Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy.

(6) In any proceedings mentioned in subsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.

(7) In subsection (6), “wasted costs” means any costs incurred by a party— (a) as a result of any improper, unreasonable or negligent act or omission

on the part of any legal or other representative or any employee of such a representative; or

(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

(8) Where— (a) a person has commenced proceedings in the High Court; but (b) those proceedings should, in the opinion of the court, have been

commenced in a county court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment,

the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances.

9Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts Document Generated: 2020-04-27

(9) Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question—

(a) the amount of that reduction shall not exceed 25 per cent; and (b) on any taxation of the costs payable by that person to his legal

representative, regard shall be had to the amount of the reduction.

(10) The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage.

(11) Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient.

(12) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.

(13) In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.”

(2) In section 52 of that Act (costs in Crown Court) the following subsection shall be inserted after subsection (2)—

“(2A) Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section”.

Textual Amendments F24 S. 4: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the

words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Commencement Information I3 S. 4 wholly in force at 1.10.1991 see s. 124(3) and S.I. 1991/1883, art. 2

Marginal Citations M3 1981 c. 54.

Evidence

Witness statements.

(1) Rules of court may make provision— (a) 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;

(b) enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and

(c) 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.

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(2) 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).

(3) This section is not to be read as prejudicing in any way any other power to make rules of court.

Evidence given in arbitrations on small claims.

In section 64 of the M4County Courts Act 1984 (references to arbitration) the following subsections shall be inserted after subsection (2)—

“(2A) County court rules may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

(2B) Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.”

Marginal Citations M4 1984 c. 28.

Appeals

Appeals to Court of Appeal.

(1) Section 18 of the M5[F25Senior Courts Act 1981] (restrictions on appeals to Court of Appeal) shall be amended as follows.

(2) In subsection (1), paragraphs (e), (f) and (h) (which deal with cases in which leave is required for an appeal) shall be omitted.

F26(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F25 S. 7: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the

words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F26 S. 7(3)(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. III (with Sch. 14 paras. 7(2), 36(9))

Commencement Information I4 S. 7 wholly in force at 1.10.1993; s. 7 not in force at Royal Assent see s. 124(3); s. 7(2) and s. 7(1) so

far as relating to s. 7(2) in force at 1.10.1993, and subject thereto s. 7 came into force on 23.7.1993, by S.I. 1993/2132, arts. 2, 3, Sch.

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts Document Generated: 2020-04-27

Marginal Citations M5 1981 c. 54.

Powers of Court of Appeal to award damages.

(1) 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.

(2) 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.

(3) This section is not to be read as prejudicing in any way any other power to make rules of court.

Family proceedings

F279 Allocation of family proceedings which are within the jurisdiction of county courts.

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

Textual Amendments F27 S. 9 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(7);

S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2810 Family proceedings in magistrates’ courts and related matters.

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

Textual Amendments F28 S. 10 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para.

76(7); S.I. 2014/954, art. 2(d) (with art. 3)

Miscellaneous

Representation in certain county court [F29and family court] cases.

(1) The Lord Chancellor may [F30, 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 [F31the county court] of such a kind as may be specified in the order.

(2) The power to make an order may only be exercised in relation to proceedings— (a) for the recovery of amounts due under contracts for the supply of goods or

services;

12 Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(b) for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order;

[F32(e) dealt with as a small claim in accordance with rules of court,] or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.

(3) Where an order is made under this section, section 20 of the M7Solicitors Act 1974 (unqualified person not to act as solicitor) shall cease to apply in relation to proceedings of the kind specified in the order.

(4) Where [F31the 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.

(5) Where [F33the county court] exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.

(6) Where, in any proceedings in [F31the county court]— (a) a person is exercising a right of audience or a right to conduct litigation; (b) he would not be entitled to do so were it not for an order under this section; and (c) 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,

the judge may order that person’s disqualification from exercising any right of audience or any right to conduct litigation in proceedings in [F34the county court].

(7) Where a judge makes an order under subsection (6) he shall give his reasons for so doing.

(8) Any person against whom such an order is made may appeal to the Court of Appeal.

(9) Any such order may be revoked at any time by any judge of [F31the county court].

[F35(9A) This section applies in relation to the family court as it applies in relation to the county court.]

(10) F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In this section “domestic premises” means any premises which are wholly or mainly used as a private dwelling.

[F37(12) 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).]

Textual Amendments F29 Words in s. 11 title inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10

para. 76(8)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F30 Words in s. 11(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 214(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts Document Generated: 2020-04-27

F31 Words in s. 11 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 33(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F32 S. 11(2)(e) substituted (26.4.1999) by S.I. 1999/1217, art. 3 F33 Words in s. 11(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para.

33(3); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F34 Words in s. 11(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 33(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F35 S. 11(9A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 76(8) (a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F36 S. 11(10) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 146, 148, Sch. 4 para. 214(3), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11, 30

F37 S. 11(12) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 214(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

Modifications etc. (not altering text) C1 S. 11 restricted (26.4.1999) by S.I. 1998/3132, rule 27.14(4)

Marginal Citations M6 1974 c. 39. M7 1974 c. 47.

Penalty for failure to warn that hearing will not be attended. F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F38 S. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

PROSPECTIVE

Administration orders.

(1) For subsection (1) of section 112 of the County Courts Act 1984 (power to make administration orders) there shall be substituted—

“(1) Where a debtor is unable to pay forthwith the amount of any debt owed by him, a county court may make an order providing for the administration of his estate.

(1A) The order may be made— (a) on the application of the debtor (whether or not a judgment debt has

been obtained against the debtor in respect of his debt, or any of his debts);

(b) on the application of any creditor under a judgment obtained against the debtor; or

14 Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(2) In that section the following subsection shall be inserted after subsection (4)—

“(4A) Subsection (4) is subject to section 112A.”

(3) Subsection (5) of that section shall be omitted.

(4) The following subsection shall be added at the end of that section—

“(9) An administration order shall cease to have effect— (a) at the end of the period of three years beginning with the date on

which it is made; or (b) on such earlier date as may be specified in the order.”

(5) After that section there shall be inserted the following sections—

“112A Further powers of the court.

(1) Where the court is satisfied— (a) that it has power to make an administration order with respect to the

debtor concerned; but (b) that an order restricting enforcement would be a more satisfactory

way of dealing with the case, it may make such an order instead of making an administration order.

(2) Where an order restricting enforcement is made, no creditor specified in the order shall have any remedy against the person or property of the debtor in respect of any debt so specified, without the leave of the court.

(3) Subsection (4) applies to any creditor— (a) who is named in the schedule to an administration order or in an order

restricting enforcement; and (b) who provides the debtor with mains gas, electricity or water for the

debtor’s own domestic purposes.

(4) While the order has effect, the creditor may not stop providing the debtor with—

(a) mains gas, electricity or (as the case may be) water for the debtor’s own domestic purposes; or

(b) any associated service which it provides for its customers, without leave of the court unless the reason for doing so relates to the non- payment of charges incurred by the debtor after the making of the order or is unconnected with non-payment by him of any charges.

(5) In this section “mains gas” means a supply of gas by a public gas supplier within the meaning of Part I of the Gas Act 1986.

(6) Rules of court may make provision with respect to the period for which any order restricting enforcement is to have effect and for the circumstances in which any such order may be revoked.

Courts and Legal Services Act 1990 (c. 41) Part I – Procedure etc. in Civil Courts Document Generated: 2020-04-27

112B Administration orders with composition provisions.

(1) Where the court is satisfied— (a) that it has power to make an administration order with respect to the

debtor concerned; and (b) that the addition of a composition provision would be a more

satisfactory way of dealing with the case, it may make an administration order subject to such a provision.

(2) Where, at any time while an administration order is in force— (a) the debtor has not discharged the debts to which that order relates; and (b) the court considers that he is unlikely to be able to discharge them,

the court may add a composition provision to that order.

(3) A composition provision shall specify an amount to which the debtor’s total indebtedness in respect of debts owed to creditors scheduled to the administration order is to be reduced.

(4) The amount of the debt owed to each of the creditors so scheduled shall be reduced in proportion to the reduction in his total indebtedness specified by the composition provision.

(5) Where a composition provision is added to an administration order after the order is made, section 113(a) shall apply as if the addition of the composition provision amounted to the making of a new administration order.”

Assessors. F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F39 S. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

Enforcement.

(1) F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 89(1) of the M8County Courts Act 1984 (goods which may be seized under any warrant of execution), the following paragraph shall be substituted for paragraph (a)—

“(a) any of that person’s goods except— (i) such tools, books, vehicles and other items of equipment as

are necessary to that person for use personally by him in his employment, business or vocation;

(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;”.

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(3) Where a person takes steps to enforce a judgment or order of the High Court [F41, the family court] or [F42the 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.

(4) 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).

Textual Amendments F40 S. 15(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art.

3(aa)(bb) F41 Words in s. 15(3) inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court:

Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 19 F42 Words in s. 15(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para.

34; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information I5 S. 15 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, sch.

Marginal Citations M8 1984 c. 28.

County court rules. F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F43 S. 16 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

PART II

LEGAL SERVICES

Modifications etc. (not altering text) C2 Pt. 2: transfer of functions (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003

(S.I. 2003/1887), arts. 4, 5, Sch. 1 (with arts. 6, 8)

Introductory

The statutory objective and the general principle. F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

Textual Amendments F44 S. 17 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(a),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(aa) (with art. 9)

The statutory duty. F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F45 S. 18 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(b),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(aa) (with art. 9)

[F46 The Legal Services Consultative Panel

Textual Amendments F46 S. 18A and crossheading preceding it inserted (1.1.2000) by 1999 c. 22, s. 35(2) (with Sch. 14 para.

7(2)); S.I. 1999/3344, art. 2(a)

18A The Consultative Panel. F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments F47 S. 18A repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(c),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(aa) (with art. 9)

F48. . .

Textual Amendments F48 S. 19 and crossheading preceding it repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch.

14 paras. 7(2), 36(9)); S.I. 1999/3344, art. 2(d), Sch. 1 para. 4

F4919 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F49 S. 19 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I.

1999/3344, art. 2(d), Sch. 1 para. 4

18 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F5020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F50 S. 20 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I.

1999/3344, art. 2(d), Sch. 1 para. 4

The Legal Services Ombudsman

F5121 The Legal Services Ombudsman.

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

Textual Amendments F51 Ss. 21-26 repealed (6.10.2010 for the repeal of s. 22(8)(a), 1.1.2011 for the repeal of s. 23(2)(a),

31.12.2010 in so far as not already in force) by Legal Services Act 2007 (c. 29), ss. 159(2)(b), 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2010/2089, arts. 2(a), 3, 4(a)(b)(v) (with arts. 6-8)

F5122 Ombudsman’s functions.

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

Textual Amendments F51 Ss. 21-26 repealed (6.10.2010 for the repeal of s. 22(8)(a), 1.1.2011 for the repeal of s. 23(2)(a),

F5123 Recommendations and orders.

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

Textual Amendments F51 Ss. 21-26 repealed (6.10.2010 for the repeal of s. 22(8)(a), 1.1.2011 for the repeal of s. 23(2)(a),

F5124 Advisory functions.

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

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

Textual Amendments F51 Ss. 21-26 repealed (6.10.2010 for the repeal of s. 22(8)(a), 1.1.2011 for the repeal of s. 23(2)(a),

F5125 Procedure and offences.

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

Textual Amendments F51 Ss. 21-26 repealed (6.10.2010 for the repeal of s. 22(8)(a), 1.1.2011 for the repeal of s. 23(2)(a),

F5126 Extension of Ombudsman’s remit.

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

Textual Amendments F51 Ss. 21-26 repealed (6.10.2010 for the repeal of s. 22(8)(a), 1.1.2011 for the repeal of s. 23(2)(a),

Rights of audience and rights to conduct litigation

Rights of audience. F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F52 S. 27 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(d),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(bb) (subject to art. 6, with art. 9)

Rights to conduct litigation. F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F53 S. 28 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(e),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(bb) (subject to art. 6, with art. 9)

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Authorised bodies. F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F54 S. 29 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(f),

Sch. 23 (with ss. 29, 192, 193)); S.I. 2009/3250, art. 2(i)(viii)(bb) (subject to art. 6, with art. 9)

Barristers and solicitors. F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F56 S. 31 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(g),

Sch. 23 (with ss. 29, 192, 193)); S.I. 2009/3250, art. 2(i)(viii)(cc) (with art. 9)

31A Employed advocates. F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F57 S. 31A repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(h),

Sch. 23 (with ss. 29, 192, 193)); S.I. 2009/3250, art. 2(i)(viii)(cc) (with art. 9)

[F5931B Advocates and litigators employed by [F58Lord Chancellor] .

[F60(1) This section applies where a person— (a) 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

[F61(b) 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.]

(1A) Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.]

(2) Rules of a [F62regulator] fall within this subsection if they are— (a) [F63conduct rules] prohibiting or limiting the exercise of the right on behalf of

members of the public by members of the [F62regulator] who are employees; or (b) rules of any other description prohibiting or limiting the provision of legal

services to members of the public by such members of the [F62regulator], and either of the conditions specified in subsection (3) is satisfied.

(3) Those conditions are—

21Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

(a) 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

(b) that the rules do not impose the same prohibition or limitation on members of the [F64regulator] who have the right but are not employees.

[ For the purposes of this section “relevant approved regulator” is to be construed in F65(4) accordance with section 20(3) of the Legal Services Act 2007.]]

Textual Amendments F58 Words in s. 31B heading substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders

Act 2012 (c. 10), s. 151(1), Sch. 5 para. 39(2); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F59 S. 31B inserted (31.7.2000) by 1999 c.22, s. 38 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 2(a) F60 S. 31B(1)(1A) substituted (1.1.2010) for s. 31B(1) by Legal Services Act 2007 (c. 29), ss. 208, 211,

Sch. 21 para. 85(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F61 S. 31B(1)(b) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012

(c. 10), s. 151(1), Sch. 5 para. 39(3); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F62 Words in s. 31B(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(b)(i) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F63 Words in s. 31B(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(b)(ii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F64 Word in s. 31B(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F65 S. 31B(4) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(d) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

[F6631C Change of authorised body.

[F67(1) Where a person— (a) 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

(b) becomes authorised by another relevant approved regulator to exercise a right of audience before that court in relation to that description of proceedings,

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.]

(2) 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 [F68the relevant approved regulator] who have the right.

(3) Subsection (1) does not apply to a person if he has been banned from exercising the right of audience by the [F69relevant approved regulator] mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that [F69relevant approved regulator] has not lifted the ban.

[ In this section “relevant approved regulator” is to be construed in accordance with F70(4) section 20(3) of the Legal Services Act 2007.]]

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F66 S. 31C inserted (31.7.2000) by 1999 c.22, s. 39 (with Sch. 7(2)); S.I. 2000/1920, art. 2(a) F67 S. 31C(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 86(a)

(with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F68 Words in s. 31C(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21

para. 86(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F69 Words in s. 31C(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21

para. 86(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F70 S. 31C(4) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 86(d)

(with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Extension of conveyancing services

The Authorised Conveyancing Practitioners Board. F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F73 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Functions of the Board and financial provisions. F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F74 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Provision of conveyancing services by authorised practitioners. F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F75 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Authorisation of practitioners. F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

Textual Amendments F76 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Refusal of approval and imposition of conditions. F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F77 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Revocation and suspension of authorisation. F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F78 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Regulations about competence and conduct etc. of authorised practitioners. F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F79 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

The Conveyancing Appeal Tribunals. F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F80 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Appeals from Tribunals on points of law. F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F81 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

The Conveyancing Ombudsman Scheme. F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F82 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Compensation scheme. F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F83 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Advisory and supervisory functions of [F84Office of Fair Trading] . F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F84 Words in s. 45 sidenote substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(g); S.I.

2003/766, art. 2, Sch. (with art. 3) F85 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Investigatory powers of [F86OFT]. F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F86 Words in s. 46 sidenote substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(3)(b); S.I.

2003/766, art. 2, Sch. (with art. 3) F87 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

46A Enforcement of notices under section 46 F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F88 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

46B Altering, etc. documents required to be produced under section 46 F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F89 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Power to obtain information and require production of documents. F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F90 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Investigations on behalf of the Board. F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F91 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Restrictions on disclosure of information. F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F92 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Exceptions from restrictions on disclosure. F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F93 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Board’s intervention powers. F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F94 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Board’s intervention powers: supplemental provisions. F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F95 Ss. 34-52 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 87,

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, {art. 2(d)(f)((vi)(aa)}

Licensed conveyancers [F96and licensed CLC practitioners]

Textual Amendments F96 Words in s. 53 cross-heading inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(9), 115(6)

(a); S.I. 2015/1402, art. 2(a)

The Council for Licensed Conveyancers.

[F97(1) 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).

(1A) The reserved legal activities to which this subsection applies are— (a) the exercise of a right of audience; (b) the conduct of litigation; (c) probate activities.

(2) 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 F98....

(3) Where the Council authorises [F99a person ] to carry on a relevant activity, it is to do so by issuing a licence to [F100the person in respect of that activity] .]

(4) [F101If 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

27Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

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.

[F102(4A) 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.

(4B) 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.]

(5) F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F104(6) Where the Council exercises any of its powers in connection with— (a) an application for designation as an approved regulator in relation to a

reserved legal activity within subsection (1A), or (b) the authorising of a person to carry on a relevant activity,

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.]

(7) 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.

(8) The [F105Lord Chancellor] may by order make such— (a) amendments of, or modifications to, the provisions of Part II of the Act of

1985; or (b) transitional or consequential provision,

as he considers necessary or expedient in connection with the provision made by this section and Schedule 8.

(9) Subject to any provision made by this section, Schedule 8 or any order made by the [F106Lord Chancellor] under subsection (8), the provisions of Part II of the Act of 1985 shall, with the necessary modifications, apply with respect to [F107persons who apply for, or hold, an advocacy, litigation or probate licence and ] —

(a) any application for an advocacy, litigation or probate licence; (b) any such licence; (c) the practice of any [F108person] which is carried on by virtue of any such

licence; (d) rules made by the Council under Schedule 8;

[F109(da) 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;]

(e) F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) any other matter dealt with by this section or Schedule 8,

as they apply with respect to [F111persons 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.

[F112(9A) 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.

28 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(9B) Subsection (9) does not apply to section 34 of the Act of 1985 (modification of existing enactments relating to conveyancing etc).]

[F113(10) For the purposes of this section— (a) “right of audience”, “conduct of litigation”, “probate activities” and “reserved

legal activity” have the same meaning as in the Legal Services Act 2007; (b) references to designation as an approved regulator are to designation as an

approved regulator— (i) 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 (ii) under Part 2 of Schedule 4 to that Act;

(ii) 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.]

[F114(11) 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.]

Textual Amendments F97 S. 53(1)(1A)(2)(3) substituted (1.1.2010) for s. 53(1)-(3) by Legal Services Act 2007 (c. 29), ss. 182,

211, Sch. 17 para. 34(2) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9) F98 Words in s. 53(2) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 87(2), 115(6)(a);

S.I. 2015/1402, art. 2(a) F99 Words in s. 53(3) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(3)(a), 115(6)(a); S.I.

2015/1402, art. 2(a) F100 Words in s. 53(3) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(3)(b), 115(6)(a); S.I.

2015/1402, art. 2(a) F101 Words in s. 53(4) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(4), 115(6)(a); S.I.

2015/1402, art. 2(a) F102 S. 53(4A)(4B) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(5), 115(6)(a); S.I.

2015/1402, art. 2(a)

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

F103 S. 53(5) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 34(3), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, arts. 2(f)(iii)(i)(viii)(dd) (with art. 9)

F104 S. 53(6) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 34(4) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F105 Words in s. 53(8) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 34(5) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F106 Words is s. 53(9) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 34(6)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F107 Words in s. 53(9) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(6)(a), 115(6)(a); S.I. 2015/1402, art. 2(a)

F108 Word in s. 53(9)(c) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(6)(b), 115(6)(a); S.I. 2015/1402, art. 2(a)

F109 S. 53(9)(da) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(6)(c), 115(6)(a); S.I. 2015/1402, art. 2(a)

F110 S. 53(9)(e) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 34(6)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)(i)(vi)(aa)

F111 Words in s. 53(9) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(6)(d), 115(6)(a); S.I. 2015/1402, art. 2(a)

F112 S. 53(9A)(9B) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(7), 115(6)(a); S.I. 2015/1402, art. 2(a)

F113 S. 53(10) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 34(7) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F114 S. 53(11) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), ss. 87(8), 115(6)(a); S.I. 2015/1402, art. 2(a)

Commencement Information I9 S. 53 wholly in force at 7.12.2004; s. 53 in force at 1.4.1991 (except in so far as it relates to certain

exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; s. 53 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Probate services

Preparation of papers for probate etc. F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F115 S. 54 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 88, Sch.

23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(dd) (subject to art. 6, with art. 9)

Preparation of probate papers etc: exemption from section 23(1) of Solicitors Act 1974.

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F116 S. 55 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 88, Sch.

23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(dd) (subject to art. 6, with art. 9)

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Administration of oaths etc. by justices in certain probate business.

(1) 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.

(2) 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.

(3) No justice shall exercise the powers conferred by this section in any proceedings in which he is interested.

(4) 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.

(5) In this section— “affidavit” has the same meaning as in the M9Commissioners 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 M10[F117Senior Courts Act 1981].

Textual Amendments F117 S. 56: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009)

the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Commencement Information I10 S. 56 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, sch.

Marginal Citations M9 1889 c. 10. M10 1981 c. 54.

57 Notaries

(1) Public notaries shall no longer be appointed to practise only within particular districts in England, or particular districts in Wales.

(2) It shall no longer be necessary to serve a period of apprenticeship before being admitted as a public notary.

(3) Accordingly, the following enactments relating to public notaries shall cease to have effect—

(a) section 2 of the M11Public 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);

31Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

(b) section 1 of the M12Public Notaries Act 1833 (which restricts the requirement to serve an apprenticeship to London and an area of ten miles from the Royal Exchange);

(c) section 2 of the Public Notaries Act 1833 (appointment of public notaries to practise within particular districts in England);

(d) section 3 of the M13Public Notaries Act 1843 (which reduced the period of apprenticeship to five years);

(e) section 37 of the M14Welsh Church Act 1914 (appointment of public notaries to practise within particular districts in Wales); and

(f) section 29 of the M15Administration of Justice Act 1969 (which reduced the period of apprenticeship for public notaries in London).

(4) The Master may by rules make provision— (a) 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; (b) as to further training which public notaries are to be required to undergo; (c) for regulating the practice, conduct and discipline of public notaries; (d) supplementing the provision made by subsections (8) and (9); (e) as to the keeping by public notaries of records and accounts; (f) as to the handling by public notaries of clients’ money; (g) as to the indemnification of public notaries against losses arising from claims

in respect of civil liability incurred by them; (h) as to compensation payable for losses suffered by persons in respect of

dishonesty on the part of public notaries or their employees; and (i) requiring the payment, in such circumstances as may be prescribed, of such

reasonable fees as may be prescribed, including in particular fees for— (i) the grant of a faculty;

(ii) the issue of a practising certificate by the Court of Faculties of the Archbishop of Canterbury; or

(iii) the entering in that court of a practising certificate issued under the M16Solicitors Act 1974.

(5) 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.

(6) 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.

(7) Subsections (4) to (6) shall not be taken to prejudice— (a) any other power of the Master to make rules; or (b) any rules made by him under any such power.

(8) 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.

(9) In this section—

32 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

“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)—

(a) the date on which he becomes a qualifying district notary; or (b) 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—

(a) holds a faculty as a notary appointed under section 2 of the Act of 1833 or section 37 of the Act of 1914; and

(b) has held it for a continuous period of at least five years.

(10) Section 5 of the M17Ecclesiastical 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.

F118(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F118 S. 57(11) repealed (1.11.1999) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9));

S.I. 1999/2657, art. 3(b), Sch. 2 Pt. II para. 3(a)

Commencement Information I11 S. 57 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

Marginal Citations M11 1801 c. 79. M12 1833 c. 70. M13 1843 c. 90. M14 1914 c. 91. M15 1969 c. 58. M16 1974 c. 47. M17 1533 c. 21.

Miscellaneous

[F11958 Conditional fee agreements.

(1) 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.

(2) For the purposes of this section and section 58A— (a) 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; [F120and]

(b) 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

33Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

circumstances, above the amount which would be payable if it were not payable only in specified circumstances [F121and

(3) The following conditions are applicable to every conditional fee agreement— (a) it must be in writing; (b) it must not relate to proceedings which cannot be the subject of an enforceable

conditional fee agreement; and (c) it must comply with such requirements (if any) as may be prescribed by the

[F122Lord Chancellor].

(4) The following further conditions are applicable to a conditional fee agreement which provides for a success fee—

(a) it must relate to proceedings of a description specified by order made by the [F122Lord Chancellor];

(b) 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

(c) 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 [F122Lord Chancellor].

[ The additional conditions are applicable to a conditional fee agreement which— F123(4A) (a) provides for a success fee, and

(b) relates to proceedings of a description specified by order made by the Lord Chancellor for the purposes of this subsection.

(4B) The additional conditions are that— (a) the agreement must provide that the success fee is subject to a maximum limit, (b) the maximum limit must be expressed as a percentage of the descriptions of

damages awarded in the proceedings that are specified in the agreement, (c) 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

(d) those descriptions of damages may only include descriptions of damages specified by order made by the Lord Chancellor in relation to the proceedings.]

(5) If a conditional fee agreement is an agreement to which section 57 of the M18Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies, subsection (1) shall not make it unenforceable.]

Textual Amendments F119 Ss. 58, 58A substituted (1.4.2000) for s. 58 by 1999 c. 22, s. 27(1) (with Sch. 14 para. 7(2)); S.I.

2000/774, art. 2(b) (with arts. 3-5) F120 Word in s. 58(2) omitted (19.1.2013 for specified purposes, 1.4.2013 except in relation to specified

proceedings, 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings, 6.4.2019 in relation to publication and privacy proceedings) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 44(1)(a), 151(1) (with s. 48); S.I. 2013/77, arts. 2(1)(a), 3(a) (with art. 4); S.I. 2016/345, art. 2; S.I. 2018/1287, art. 2

34 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F121 S. 58(2)(c) and word inserted (19.1.2013 for specified purposes, 1.4.2013 except in relation to specified proceedings, 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings, 6.4.2019 in relation to publication and privacy proceedings) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 44(1)(b), 151(1) (with s. 48); S.I. 2013/77, arts. 2(1) (a), 3(a) (with art. 4); S.I. 2016/345, art. 2; S.I. 2018/1287, art. 2

F122 Words in s. 58 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 2

F123 S. 58(4A)(4B) inserted (19.1.2013 for specified purposes, 1.4.2013 except in relation to specified proceedings, 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings, 6.4.2019 in relation to publication and privacy proceedings) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 44(2), 151(1) (with s. 48); S.I. 2013/77, arts. 2(1)(a), 3(a) (with art. 4); S.I. 2016/345, art. 2; S.I. 2018/1287, art. 2

Modifications etc. (not altering text) C3 S. 58: transfer of functions (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary

of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5) C4 S. 58(3)(c) extended (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. III para. 11 (with Sch. 14

para. 7(2)) C5 S. 58(4) extended (27.9.1999) by 1999 c.22, ss. 105, 108(3), Sch. 14 Pt. III para. 10 (with Sch. 14

para. 7(2))

Marginal Citations M18 1974 c.47.

F12458A Conditional fee agreements: supplementary.

(1) The proceedings which cannot be the subject of an enforceable conditional fee agreement are—

(a) criminal proceedings, a part from proceedings under section 82 of the M19 Environmental Protection Act 1990; and

(b) family proceedings.

(2) In subsection (1) “family proceedings” means proceedings under any one or more of the following—

(a) the M20Matrimonial Causes Act 1973; [F125(b) the Adoption and Children Act 2002;]

(c) the M21Domestic Proceedings and Magistrates’ Courts Act 1978; (d) Part III of the M22Matrimonial and Family Proceedings Act 1984; (e) Parts I, II and IV of the M23Children Act 1989; (f) [F126Parts 4 and 4A] of the M24Family Law Act 1996; F127. . .

[F128(fza) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;] [F129(fa) Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for

dissolution etc. of civil partnership); (fb) Schedule 5 to the 2004 Act (financial relief in the High Court or a county

court etc.); (fc) Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.); (fd) Schedule 7 to the 2004 Act (financial relief in England and Wales after

overseas dissolution etc. of a civil partnership); and]

35Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

(g) the inherent jurisdiction of the High Court in relation to children.

(3) The requirements which the [F130Lord Chancellor] may prescribe under section 58(3) (c)—

(a) include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and

(b) 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).

(4) 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.

(5) Before making an order under section 58(4) [F131, (4A) or (4B)], the [F130Lord Chancellor] shall consult—

(a) the designated judges; (b) the General Council of the Bar; (c) the Law Society; and (d) such other bodies as he considers appropriate.

[F132(6) 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.]

(7) 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).

Textual Amendments F124 Ss. 58, 58A substituted (1.4.2000) for s. 58 by 1999 c.22, s. 27(1) (with Sch. 14 para. 7(2)); S.I.

2000/774, art. 2(b) (with arts. 3-5) F125 S. 58A(2)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148(1), Sch. 3 para. 80 (with savings in

Sch. 4 paras. 6-8, 22); S.I. 2005/2213, art. 2 F126 Words in s. 58A(2)(f) substituted (25.11.2008) by Forced Marriage (Civil Protection) Act 2007 (c. 20),

ss. 3(1), 4(2), Sch. 2 para. 2; S.I. 2008/2779, art. 2(b)(c) F127 Word in s. 58A(2)(f) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1)(4), 263,

Sch. 27 para. 138, Sch. 30; S.I. 2005/3175, art. 2, Sch. 1 F128 S. 58A(2)(fza) inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 13; S.I.

2015/1428, reg. 2(c)(ii) F129 S. 58A(2)(fa)-(fd) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27

para. 138; S.I. 2005/3175, art. 2, Sch. 1 F130 Words in s. 58A substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary

of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 2 F131 Words in s. 58A(5) inserted (19.1.2013 for specified purposes, 1.4.2013 except in relation to specified

proceedings, 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings, 6.4.2019 in relation to publication and privacy proceedings) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 44(3), 151(1) (with s. 48); S.I. 2013/77, arts. 2(1)(a), 3(a) (with art. 4); S.I. 2016/345, art. 2; S.I. 2018/1287, art. 2

36 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F132 S. 58A(6) substituted (19.1.2013 for specified purposes, 1.4.2013 except in relation to specified proceedings, 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings, 6.4.2019 in relation to publication and privacy proceedings) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 44(4), 151(1) (with ss. 44(6), 48); S.I. 2013/77, arts. 2(1)(a), 3(a) (with art. 4); S.I. 2016/345, art. 2; S.I. 2018/1287, art. 2

Modifications etc. (not altering text) C6 S. 58A: transfer of functions (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary

of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5) C7 S. 58A(6)(7) excluded (1.4.2000) by S.I. 2000/900, art. 2(1)(a)(b)

Marginal Citations M19 1990 c.43. M20 1973 c.18. M21 1978 c.22. M22 1984 c.42. M23 1989 c.41. M24 1996 c.27.

[F13458AAF133Damages-based agreements ...

(1) A damages-based agreement which F135... and satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement.

(2) But [F136(subject to subsection (9))] a damages-based agreement which F137... does not satisfy those conditions is unenforceable.

(3) For the purposes of this section— (a) 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—

(i) 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

(ii) the amount of that payment is to be determined by reference to the amount of the financial benefit obtained;

F138(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The agreement— (a) must be in writing;

[ must not relate to proceedings which by virtue of section 58A(1) and (2) F139(aa) cannot be the subject of an enforceable conditional fee agreement or to

proceedings of a description prescribed by the Lord Chancellor;] (b) [F140if 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;

37Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

(d) must be made only after the person providing services under the agreement [F141has complied with such requirements (if any) as may be prescribed as to the provision of information].

(5) Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements.

(6) Before making regulations under subsection (4) the Lord Chancellor must consult— (a) the designated judges, (b) the General Council of the Bar, (c) the Law Society, and (d) such other bodies as the Lord Chancellor considers appropriate.

[ Rules of court may make provision with respect to the assessment of costs in F142(6A) proceedings where a party in whose favour a costs order is made has entered into a

damages-based agreement in connection with the proceedings.]

(7) 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);

in [F143the“claims management services” has the same meaning as 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” F144(7A) 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.]

(8) Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).]

[F145(9) 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.

(10) 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.]

[F146(11) Subsection (1) is subject to section 47C(8) of the Competition Act 1998.]

Textual Amendments F133 Words in s. 58AA heading omitted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already

in force) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(11), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F134 S. 58AA inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 154(2), 182(1)(e) (with s. 180, Sch. 22)

38 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F135 Words in s. 58AA(1) omitted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(2), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F136 Words in s. 58AA(2) inserted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(3)(a), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F137 Words in s. 58AA(2) omitted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(3)(b), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F138 S. 58AA(3)(b) omitted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(4), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F139 S. 58AA(4)(aa) inserted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(5), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F140 Words in s. 58AA(4)(b) inserted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(6), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F141 Words in s. 58AA(4)(d) substituted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(7), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F142 S. 58AA(6A) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(8), 151(1) (with s. 45(13)); S.I. 2012/2412, art. 2(a)

F143 Words in s. 58AA(7) substituted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 90 (with arts. 106, 107)

F144 S. 58AA(7A) inserted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(9), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F145 S. 58AA(9)(10) inserted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(10), 151(1) (with s. 45(13)); S.I. 2013/77, arts. 2(1)(b), 3(b)

F146 S. 58AA(11) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 37; S.I. 2015/1630, art. 3(j)

PROSPECTIVE

[F14758B Litigation funding agreements.

(1) 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.

(2) For the purposes of this section a litigation funding agreement is an agreement under which—

(a) 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

(b) the litigant agrees to pay a sum to the funder in specified circumstances.

(3) The following conditions are applicable to a litigation funding agreement—

39Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

(a) the funder must be a person, or person of a description, prescribed by the Secretary of State;

(b) the agreement must be in writing; (c) the agreement must not relate to proceedings which by virtue of

section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of any such description as may be prescribed by the Secretary of State;

(d) the agreement must comply with such requirements (if any) as may be so prescribed;

(e) 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

(f) 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.

(4) Regulations under subsection (3)(a) may require a person to be approved by the Secretary of State or by a prescribed person.

(5) The requirements which the Secretary of State may prescribe under subsection (3)(d) —

(a) include requirements for the funder to have provided prescribed information to the litigant before the agreement is made; and

(b) may be different for different descriptions of litigation funding agreements.

(6) 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.

(7) Before making regulations under this section, the Secretary of State shall consult— (a) the designated judges; (b) the General Council of the Bar; (c) the Law Society; and (d) such other bodies as he considers appropriate.

(8) 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.

(9) Rules of court may make provision with respect to the assessment of any costs which include fees payable under a litigation funding agreement.]

Textual Amendments F147 S. 58B inserted (prosp.) by 1999 c. 22, ss. 28, 108(1) (with Sch. 14 para. 7(2))

Modifications etc. (not altering text) C8 S. 58B: transfer of functions (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary

of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)

40 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

[F14858C Recovery of insurance premiums by way of costs

(1) 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).

(2) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to clinical negligence proceedings of a prescribed description,

(b) 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),

(c) the policy is of a prescribed description, (d) 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

(e) the amount is to be paid in respect of the relevant part of the premium.

(3) 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.

(4) The regulations may prescribe a maximum amount, in particular, by specifying— (a) a percentage of the relevant part of the premium; (b) an amount calculated in a prescribed manner.

(5) 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.]

Textual Amendments F148 S. 58C inserted (19.1.2013 for specified purposes, 1.4.2013 except in relation to specified proceedings,

6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 46(1), 151(1) (with ss. 46(3), 48); S.I. 2013/77, arts. 2(1)(c), 3(c) (with art. 4); S.I. 2016/345, art. 2

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

Representation under the Legal Aid Act 1988. F149 . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .

Textual Amendments F149 S. 59 repealed (2.4.2001) by 1999 c.22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I.

2001/916, art. 3(b)

Regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales.

(1) The [F150Lord 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—

(a) prescribed rights of audience; or (b) prescribed rights to conduct litigation,

without being entitled to do so apart from the regulations.

(2) The [F151Lord 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.

[F152(2A) Regulations may be made under this section only if— (a) the Legal Services Board has made a recommendation under section 60A, (b) draft regulations were annexed to the recommendation, and (c) the regulations are in the same form as, or a form not materially different from,

the draft regulations.]

(3) Regulations made under subsection (1) may, in particular— (a) 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;

(b) prescribe legal services which may not be provided by any person practising by virtue of the regulations;

(d) 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;

(e) 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.

(4) Regulations made under subsection (1) or (2) may modify any rule of law or practice which the [F153Lord Chancellor] considers should be modified in order to give effect to the regulations.

(5) In this section “practitioner” means—

42 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(a) a member of the Bar of Northern Ireland or a [F154solicitor of the Court of Judicature of Northern Ireland] or an advocate or solicitor in Scotland; and

(b) any person falling within such category as may be prescribed.

Textual Amendments F150 Words in s. 60(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21

para. 89(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F151 Words in s. 60(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21

para. 89(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F152 S. 60(2A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 89(c)

(with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9); S.I. 2009/3250, art. 2(h) (with art. 9) F153 Words in s. 60(4) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21

para. 89(d) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F154 S. 60: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is

substituted (1.10.2009) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)

[F15560A Procedural requirements relating to recommendations for the purposes of section 60

(1) Before making a recommendation under this section, the Legal Services Board must publish a draft of—

(a) the proposed recommendation, and (b) the proposed draft regulations.

(2) 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.

(3) Before making the recommendation, the Board must have regard to any representations duly made.

(4) 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.]

Textual Amendments F155 S. 60A inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 90 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Right of barrister to enter into contract for the provision of his services.

(1) 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.

(2) 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.

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

Immunity of advocates from actions in negligence and for breach of contract. F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F156 S. 62 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

Legal professional privilege. F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F157 S. 63 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 91, Sch.

23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i) (with art. 9)

Discrimination by, or in relation to, barristers.

(1) The following shall be inserted in the M25Sex Discrimination Act 1975 after section 35—

“ Barristers

35A Discrimination by, or in relation to, barristers.

(1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman—

(a) in the arrangements which are made for the purpose of determining to whom it should be offered;

(b) in respect of any terms on which it is offered; or (c) by refusing, or deliberately omitting, to offer it to her.

(2) It is unlawful for a barrister or barrister’s clerk, in relation to a woman who is a pupil or tenant in the chambers in question, to discriminate against her—

(a) in respect of any terms applicable to her as a pupil or tenant; (b) in the opportunities for training, or gaining experience, which are

afforded or denied to her; (c) in the benefits, facilities or services which are afforded or denied to

her; or (d) by terminating her pupillage or by subjecting her to any pressure to

leave the chambers or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a woman.

(4) In this section— “barrister’s clerk” includes any person carrying out any of the

functions of a barrister’s clerk; and

44 Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

“pupil”, “pupillage”, “tenancy” and “tenant” have the meanings commonly associated with their use in the context of a set of barristers’ chambers.

(5) Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.

(6) This section does not apply to Scotland.”

(2) The following shall be inserted in the M26Race Relations Act 1976 after section 26—

“ Barristers

26A Discrimination by, or in relation to, barristers.

(1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person—

(a) in the arrangements which are made for the purpose of determining to whom it should be offered;

(b) in respect of any terms on which it is offered; or (c) by refusing, or deliberately omitting, to offer it to him.

(2) It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the chambers in question, to discriminate against him—

(a) in respect of any terms applicable to him as a pupil or tenant; (b) in the opportunities for training, or gaining experience which are

afforded or denied to him; (c) in the benefits, facilities or services which are afforded or denied to

him; or (d) by terminating his pupillage or by subjecting him to any pressure to

leave the chambers or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person.

(4) In this section— “barrister’s clerk” includes any person carrying out any of the

functions of a barrister’s clerk; and “pupil”, “pupillage”, “tenancy” and “tenant” have the meanings

commonly associated with their use in the context of a set of barristers’ chambers.

(5) This section does not apply to Scotland.”

Marginal Citations M25 1975 c. 65. M26 1976 c. 74.

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

Discrimination by, or in relation to, advocates.

(1) The following shall be inserted in the M27Sex Discrimination Act 1975 after section 35A (as inserted by this Act)—

“ Advocates

35B Discrimination by, or in relation to, advocates.

(1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a woman—

(a) in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

(b) in respect of any terms on which he offers to take her as his pupil; or (c) by refusing, or deliberately omitting, to take her as his pupil.

(2) It is unlawful for an advocate, in relation to a woman who is a pupil, to discriminate against her—

(a) in respect of any terms applicable to her as a pupil; (b) in the opportunities for training, or gaining experience, which are

afforded or denied to her; (c) in the benefits, facilities or services which are afforded or denied to

her; or (d) by terminating the relationship or by subjecting her to any pressure

to terminate the relationship or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against a woman.

(4) In this section— “advocate” means a member of the Faculty of Advocates practising

as such; and “pupil” has the meaning commonly associated with its use in the

context of a person training to be an advocate.

(5) Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.

(6) This section does not apply to England and Wales.”

(2) The following shall be inserted in the M28Race Relations Act 1976 after section 26A (as inserted by this Act)—

“ Advocates

26B Discrimination by, or in relation to, advocates.

(1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person—

(a) in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(b) in respect of any terms on which he offers to take any person as his pupil; or

(2) It is unlawful for an advocate, in relation to a person who is a pupil, to discriminate against him—

(a) in respect of any terms applicable to him as a pupil; (b) in the opportunities for training, or gaining experience, which are

afforded or denied to him; (c) in the benefits, facilities or services which are afforded or denied to

him; or (d) by terminating the relationship or by subjecting him to any pressure

to terminate the relationship or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person.

(4) In this section— “advocate” means a member of the Faculty of Advocates practising

as such; and “pupil” has the meaning commonly associated with its use in the

context of a person training to be an advocate.

(5) This section does not apply to England and Wales.”.

Marginal Citations M27 1975 c. 65. M28 1976 c. 74.

Multi-disciplinary and multi-national practices.

(1) Section 39 of the M29Solicitors Act 1974 (which, in effect, prevents solicitors entering into partnership with persons who are not solicitors) shall cease to have effect.

(2) 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.

(3) Section 10 of the M30Public Notaries Act 1801 (which, in effect, prevents notaries entering into partnership with persons who are not notaries) shall cease to have effect.

(4) 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.

(5) It is hereby declared that no rule of common law prevents barristers from entering into any unincorporated association with persons who are not barristers.

(6) 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.

Courts and Legal Services Act 1990 (c. 41) Part II – Legal Services Document Generated: 2020-04-27

Marginal Citations M29 1974 c. 47. M30 1801 c. 79.

Right of audience for solicitors in certain Crown Court centres. F158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F158 S. 67 repealed (31.7.2000) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I.

2000/1920, art. 2(c)

Preparation of documents etc. by registered patent agents and trade mark agents.

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F159 S. 68 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192,

193); S.I. 2009/3250, art. 2(i)(viii)(ee) (with art. 9)

Exemption from liability for damages etc. F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F160 S. 69 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 92, Sch.

23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(ee) (with art. 9)

Offences

70 Offences. F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F161 S. 70 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 93, Sch.

23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(ee) (with art. 9)

Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

PART III

JUDICIAL AND OTHER OFFICES AND JUDICIAL PENSIONS

Judicial appointments

Qualification for judicial and certain other appointments.

(1) In section 10(3) of the M31[F162Senior Courts Act 1981]— (a) 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—

“unless— (i) he has a 10 year High Court qualification within

the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii) he is a judge of the High Court;”; (b) 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—

“unless— (i) he has a 10 year High Court qualification, within

the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii) he is a Circuit judge who has held that office for at least 2 years.”

(2) 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.

(3) For the purposes of this section, a person has— (a) a ” [F163Senior Courts] qualification" if he has a right of audience in relation

to all proceedings in the [F163Senior Courts]; (b) a “High Court qualification” if he has a right of audience in relation to all

proceedings in the High Court; (c) a “general qualification” if he has a right of audience in relation to any class of

proceedings in any part of the [F163Senior Courts], or all proceedings in county courts or magistrates’ courts;

(d) a “Crown Court qualification” if he has a right of audience in relation to all proceedings in the Crown Court;

(e) a “county court qualification” if he has a right of audience in relation to all proceedings in [F164the county court];

(f) a “magistrates’ court qualification” if he has a right of audience in relation to all proceedings in magistrates’ courts.

(4) References in subsection (3) to a right of audience are references to a right of audience [F165exercisable by virtue of an authorisation given by a relevant approved regulator].

49Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions Document Generated: 2020-04-27

(5) 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—

(a) for the time being has that qualification, and (b) has had it for a period (which need not be continuous) of at least that number

of years.

[F166(6) Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by [F167the relevant approved regulator] from exercising it shall not count towards the period mentioned in subsection (5)(b).]

[F168(6A) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

F169(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F169(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F162 S. 71: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009)

the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F163 Words in s. 71 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

F164 Words in s. 71(3)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 35; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F165 Words in s. 71(4) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F166 S. 71(6) substituted (27.9.1999) by 1999 c. 22, s. 43, Sch. 6 paras. 4, 9 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F167 Words in s. 71(6) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F168 S. 71(6A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F169 S. 71(7)(8) repealed (27.9.1999) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(ii)(a), Sch. 2 Pt. I para. 2(c)

Modifications etc. (not altering text) C9 S. 71 applied (E.W.S.) (17.6.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 54 (with s. 9(2)); S.I.

1992/1431, art. 2, Sch. C10 S. 71 applied (E.W.S.) (1.7.1992) by Social Security Administration Act 1992 (c. 5, SIF 113:1), ss.

191, 192(4) C11 S. 71 modified (1.4.1999) by 1998 c. 41, s. 45(7), Sch. 7 Pt. III para. 26(2)(a) (with s. 73); S.I.

1999/505, art. 2 C12 S. 71 applied (1.3.2000) by S.I. 2000/261, rule 2(2)(a) C13 S. 71 applied (28.4.2003) by 2002 c. 9, ss. 107, 136(2), Sch. 9 para. 4(2) (with s. 129); S.I. 2003/1028,

art. 2

Marginal Citations M31 1981 c. 54.

Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Judges

Presiding Judges.

(1) For each of the Circuits there shall be at least two Presiding Judges, appointed from among the puisne judges of the High Court.

(2) There shall be a Senior Presiding Judge for England and Wales, appointed from among the Lords Justices of Appeal.

(3) Any appointment under subsection (1) or (2) shall be made by the Lord Chief Justice with the agreement of the Lord Chancellor.

(4) In this section “the Circuits” means— (a) the Midland and Oxford Circuit; (b) the North Eastern Circuit; (c) the Northern Circuit; (d) the South Eastern Circuit; (e) the Western Circuit; and (f) the Wales and Chester Circuit,

or such other areas of England and Wales as the Lord Chancellor may from time to time, after consulting the Lord Chief Justice, direct.

(5) 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.

(6) In section 4 of the M32[F170Senior Courts Act 1981] (composition of High Court)— (a) in subsection (1), after the words “Vice-Chancellor" there shall be inserted—

“(dd) the Senior Presiding Judge”; and (b) in subsection (6) for the words “or Vice-Chancellor" there shall be substituted

“ Vice-Chancellor or Senior Presiding Judge" ”.

Textual Amendments F170 S. 72: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009)

the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Marginal Citations M32 1981 c. 54.

Delegation of certain administrative functions of Master of the Rolls.

(1) 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 [F171Senior Courts] to exercise those functions on his behalf.

(2) 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 [F171Senior Courts] to exercise those functions on his behalf in connection with that matter.

51Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions Document Generated: 2020-04-27

(3) Where the Master of the Rolls is incapable of exercising his relevant functions, the [F172Lord Chief Justice may, with the concurrence of the Lord Chancellor,] appoint a judge of the [F171Senior Courts] to exercise, on behalf of the Master of the Rolls, such of those functions as the [F173Lord Chief Justice and Lord Chancellor consider] appropriate.

(4) Any appointment under this section shall be in writing and shall specify— (a) the functions which may be exercised by the appointed judge; and (b) the period for which the appointment is to have effect.

(5) In this section “relevant functions” means any functions of the Master of the Rolls under—

(a) section 144A of the M33Law of Property Act 1922 (functions in relation to manorial documents);

(b) section 7(1) of the M34Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);

(d) F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F175(6) 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).]

Textual Amendments F171 Words in s. 73 substituted (1.1.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11

para. 4; S.I. 2009/1604, art. 2(d) F172 Words in s. 73(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch.

4 para. 215(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11 F173 Words in s. 73(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch.

4 para. 215(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11 F174 S. 73(5)(d) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29,

192, 193); S.I. 2009/3250, art. 2(i)(viii)(ff) (with art. 9) F175 S. 73(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para.

215(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

Marginal Citations M33 1922 c. 16. M34 1958 c. 51. M35 1974 c. 47.

District judges.

(1) The offices of— (a) registrar, assistant registrar and deputy registrar for each county court district;

and (b) district registrar, assistant district registrar and deputy district registrar for

each district registry of the High Court,

Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

shall become the offices of district judge, assistant district judge and deputy district judge respectively.

(2) 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.

(3) 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.

F176(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 118 of that Act (power of judge to commit for contempt) after subsection (2) there shall be inserted—

“(3) A district judge, assistant district judge or deputy district judge shall have the same powers under this section in relation to proceedings before him as a judge.”

F177(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F176 S. 74(4)(5) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 141; S.I.

2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) F177 S. 74(7) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table;

S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information I12 S. 74 wholly in force; S. 74(1)-(3) in force at 1.1.1991 see s. 124(3) and S.I. 1990/2484, s. 74(4)-(7) in

force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

Judges etc. barred from legal practice.

No person holding as a full-time appointment any of the offices listed in Schedule 11 shall—

(a) provide any advocacy or litigation services (in any jurisdiction); (b) provide any conveyancing or probate services;

[F178(ba) carry on any notarial activities (within the meaning of the Legal Services Act 2007);]

(c) practise as a barrister, solicitor, public notary [F179, licensed conveyancer or licensed CLC practitioner] , or be indirectly concerned in any such practice;

(d) practise as an advocate or solicitor in Scotland, or be indirectly concerned in any such practice; or

(e) act for any remuneration to himself as an arbitrator or umpire.

Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions Document Generated: 2020-04-27

Textual Amendments F178 S. 75(ba) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 95 (with

ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F179 Words in s. 75(c) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para.

11; S.I. 2015/1402, art. 2(b)

Modifications etc. (not altering text) C14 S. 75 applied (1.9.1992) by Child Support Act 1991 (c. 48, SIF 20), ss. 21(4), 22(5), Sch. 3 para. 4(6),

Sch. 4 para.3, (with s. 9(2)); S.I. 1992/1938, art.2

Judicial oaths.

(1) A person holding any of the following offices— (a) district judge, including district judge of the principal registry of the Family

Division; (b) Master of the Queen’s Bench Division; (c) Master of the Chancery Division; (d) [F180Insolvency and Companies Court Judge] ; (e) Taxing Master of the [F181Senior Courts] ; (f) Admiralty Registrar,

shall take the oath of allegiance and the judicial oath before a judge of the High Court or a Circuit judge.

(2) The M36Promissory Oaths Act 1868 shall have effect as if the offices listed in the Second Part of the Schedule to that Act included those offices.

Textual Amendments F180 Words in s. 76(1)(d) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in

Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 8(a) F181 Words in s. 76 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11

para. 4; S.I. 2009.1604, {art. 2(d)}

Marginal Citations M36 1868 c. 72.

[F182Senior Courts] Officers

Textual Amendments F182 Words in cross-heading before s. 77 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4),

ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

Age for retirement of certain [F183Senior Courts] officers.

(1) In section 92 of the M37[F184Senior Courts Act 1981] (tenure of office) for subsection (2) there shall be substituted—

54 Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

“(2) Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.

(2A) Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixty- two years.

(2B) Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2 and the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.

(2C) For the purposes of subsections (1) and (2A) a person who has successively held two or more offices listed in column 1 of Part I or II of Schedule 2 shall be treated as completing a year of service on the anniversary of his appointment to the first of them.”

(2) After subsection (3) of that section (retirement age increased in certain circumstances to 75 years) there shall be inserted—

“(3A) Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.”

(3) In subsection (4) of that section (person to hold office during good behaviour) after the words “subsection (1)" there shall be inserted “ or (2A)" ”.

Textual Amendments F183 Words in sidenote to s. 77 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59,

148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d) F184 S. 77: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009)

the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Marginal Citations M37 1981 c. 54.

Registrar of Criminal Appeals.

(1) 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.

(2) After section 13 of the M38Judicial Pensions Act 1981 there shall be inserted—

“13A Registrar of Criminal Appeals.

There may be paid to persons who have held the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal

Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions Document Generated: 2020-04-27

Appeals such superannuation allowances as the Lord Chancellor may, with the approval of the Treasury, determine.”

(3) F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F185 S. 78(3)(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1

Group. 4}

Marginal Citations M38 1981 c. 20.

Judicial pensions

Widowers’ pensions.

(1) 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)—

“18A Widowers’ pensions.

(1) Section 18 above shall have effect in relation to the death of a female person as it has effect in relation to the death of a male person but as if—

(a) for the words “widow", “widow’s pension" and “wife" there were substituted “ widower" ”, “ widower’s pension" ” and “ husband" ”; and

(b) for the words “his", “he" and “him" there were substituted “ hers" ”, “ she" ” and “ her" ”.

(2) The transitional provisions in Part IV of Schedule 2 to this Act shall have effect in relation to widowers’ pensions.”

(2) The transitional provisions set out in Schedule 12 shall be inserted in the Act of 1981 as Part IV of Schedule 2 to that Act.

Commencement Information I13 S. 79 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

Widows’ and widowers’ pensions: supplemental.

For section 19 of the Judicial Pensions Act 1981 (determination of widow’s pension) there shall be substituted—

“19 Widows’ and widowers’ pensions.

(1) No widow’s or widower’s pension may be granted if the marriage with the deceased took place after he or she retired from relevant service.

Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(2) A widow’s or widower’s pension shall come to an end on the death of the widow or widower.

(3) Where a widow’s or widower’s pension is payable the Treasury may, on or at any time after the re-marriage of the widow or widower, direct that it shall cease to be payable.

(4) Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed.

(5) The annual amount of a widow’s or widower’s pension may be one half of the annual amount of the personal pension.”

Commencement Information I14 S. 80 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

PROSPECTIVE

Transfer of accrued rights to and from judicial pension schemes.

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 M39Sheriffs’ Pensions (Scotland) Act 1961.

Marginal Citations M39 1961 c. 42.

Voluntary contributions.

(1) In the Judicial Pensions Act 1981, the following section shall be inserted after section 33—

“33A Voluntary contributions.

(1) Regulations shall make provision entitling any member of a judicial pension scheme constituted by this Act or the Sheriffs’ Pensions (Scotland) Act 1961 to make voluntary contributions towards the cost of the provision of additional benefits under the scheme.

(2) The regulations— (a) may not prohibit the payment of voluntary contributions; (b) may not impose any limit on the amount which any member may

pay by way of voluntary contributions other than an upper limit corresponding to that for the time being fixed by or under section 594 of the Income and Corporation Taxes Act 1988 (exempt statutory schemes);

57Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions Document Generated: 2020-04-27

(c) must secure that any voluntary contributions paid by a member of a scheme are used to provide prescribed additional benefits for or in respect of him; and

(d) must secure that the value of such additional benefits is reasonable, having regard to—

(i) the amount paid by way of voluntary contributions; (ii) the value of the other benefits provided under the scheme; and

(iii) the general value of benefits available to a person under any contract of life insurance entered into by him with an insurance company to which Part II of the Insurance Companies Act 1982 (regulation of insurance companies carrying on insurance business within the United Kingdom) applies.

(3) The regulations may, in particular— (a) provide that the value of additional benefits offered on payment

of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary; and

(b) prescribe the manner in which it is to be determined in any case whether the amount of a person’s contributions exceeds any limit imposed by virtue of subsection (2)(b) above.

(4) Nothing in subsection (2) shall be taken to prevent the regulations from limiting the overall amount which a member may pay by way of voluntary contributions by reference to the maximum entitlement of members under the scheme.

(5) Regulations made under this section may make provision for consequential and incidental matters, including, in particular, consequential provision with respect to any enactment referring or relating to lump sums payable under Part II of this Act.

(6) Regulations under this section may be made— (a) by the Lord Chancellor; or (b) in relation to pensions for service in offices existing only in Scotland,

by the Secretary of State, with the consent of the Treasury.

(7) The power to make regulations under this section shall be exercisable by statutory instrument.

(8) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

F186(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 14 of the M40Social Security (Northern Ireland) Order 1986 (voluntary contributions in Northern Ireland) the following paragraph shall be inserted after paragraph (10)—

“(10A) This Article does not apply in relation to any pension payable under the Judicial Pensions Act 1981.”

58 Courts and Legal Services Act 1990 (c. 41) Part III – Judicial and Other Offices and Judicial Pensions

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F186 S. 82(2) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2

Marginal Citations M40 S.I. 1986/1888 (N.I. 18).

83 Period of service to qualify for certain superannuation benefits.

(1) In each of the following provisions (which among other things require a minimum number of years service for qualification for superannuation benefits)—

(a) section 7(1) of the Judicial Pensions Act 1981 (stipendiary magistrates); (b) section 9(1) of that Act (Judge Advocate Generan( � (c) paragraph 4(1)(b) of Schedule 1 to that Act (Supreme Court officers etc); and (d) section 1(1) of the Sheriffs’ Pensions (Scotland) Act 1961,

for the words “5 years", or “five years", there shall be substituted, in each case, “ 2 years" ”.

(2) In section 7(3) of the Act of 1981 (rate of pension payable to a stipendiary magistrate) for “(a)" there shall be substituted—

“(a) if the period of service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary,

(aa)”.

(3) 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)—

“(3A) The annual rate of pension payable under this section to a person retiring after less than 5 (but not less than 2) years service shall be 6/80ths of his last annual salary.”

(4) 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—

“(a) if the period of relevant service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary,

(aa)”.

(5) 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—

“(a) where the period of his relevant service exceeds two years but is less than five years, six eightieths of his last annual salary;

(aa)”.

84 Abolition of abatement of salary rule for judges etc. F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors Document Generated: 2020-04-27

Textual Amendments F187 S. 84 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

PART IV

SOLICITORS

Modifications etc. (not altering text) C15 Pt. 4: transfer of functions (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003

(S.I. 2003/1887), arts. 4, 5, Sch. 1 (with arts. 6, 8)

Practising certificates for employed solicitors.

After section 1 of the M41Solicitors Act 1974 (qualifications for practising as solicitor) there shall be inserted the following section—

“1A Practising certificates: employed solicitors.

A person who has been admitted as a solicitor and whose name is on the roll shall, if he would not otherwise be taken to be acting as a solicitor, be taken for the purposes of this Act to be so acting if he is employed in connection with the provision of any legal services—

(a) by any person who is qualified to act as a solicitor; (b) by any partnership at least one member of which is so qualified; or (c) by a body recognised by the Council of the Law Society under section 9

of the Administration of Justice Act 1985 (incorporated practices).”

Marginal Citations M41 1974 c. 47.

Commencement, expiry and replacement of practising certificates. F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F188 S. 86 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192,

193); S.I. 2009/3250, art. 2(i)(viii)(gg) (with art. 9)

Fees payable on issue of practising certificates. F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F189 S. 87 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192,

193); S.I. 2009/3250, art. 2(i)(viii)(gg) (with art. 9)

Additional fee payable by certain solicitors on applying for practising certificates.

F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F190 S. 88 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192,

193); S.I. 2009/3250, art. 2(i)(viii)(gg) (with art. 9)

Foreign lawyers: recognised bodies and partnerships with solicitors.

(1) The Law Society shall maintain a register of foreign lawyers for the purposes of this section.

(2) 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.

(3) The power to make rules under— (a) the following provisions of the Solicitors Act 1974—

(i) section 31 (professional practice, conduct and discipline); (ii) section 32 (accounts and trust accounts);

(iii) section 34 (accountants’ reports); [F191(iv) sections 36 and 36A (compensation grants); and]

(v) section 37 (professional indemnity); and (b) section 9 of the Administration of Justice Act 1985 (incorporated practices),

shall also be exercisable in relation to registered foreign lawyers.

(4) Subject to the provisions of Schedule 14, any such power may be exercised so as[F192 to make different provision with respect to registered foreign lawyers to the provision made with respect to solicitors.]

(5) Subject to the provisions of Schedule 14, the [F193Lord Chancellor] may by order provide that any enactment or instrument—

(a) passed or made before [F194or in the same Session as the Legal Services Act 2007 was passed];

(b) having effect in relation to solicitors; and (c) specified in the order,

shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.

(6) 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 [F195Lord Chancellor] sees fit to specify in the order.

61Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors Document Generated: 2020-04-27

(7) Subject to the provisions of Schedule 14, the [F196Lord Chancellor] may by order provide that any enactment or instrument—

(a) passed or made before [F197or in the same Session as the Legal Services Act 2007 was passed];

(b) having effect in relation to recognised bodies; and (c) specified in the order,

shall, in its application in relation to recognised bodies whose [F198managers] include one or more registered foreign lawyers, have effect with such additions, omissions or other modifications as the [F196Lord Chancellor] sees fit to specify in the order.

(8) Schedule 14 shall have effect for the purposes of supplementing this section.

[F199(8A) 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.]

(9) 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;

[F200“manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);]

[F201“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.

Textual Amendments F191 S. 89(3)(a)(iv) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para.

125(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) (subject to art. 4) F192 Words in s. 89(4) substituted (31.3.2009) for s. 89(4)(a)-(d) by Legal Services Act 2007 (c. 29), ss.

177, 211, Sch. 16 para. 125(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) (subject to art. 4) F193 Words in s. 89(5) substituted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16

para. 125(c) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

F194 Words in s. 89(5)(a) substituted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 125(d) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

F195 Words in s. 89(6) substituted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 125(e) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

F196 Words in s. 89(7) substituted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 125(f) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F197 Words in s. 89(7)(a) substituted (30.6.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 125(g) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

F198 Word in s. 89(7) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 125(h) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) (subject to art. 4)

F199 S. 89(8A) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 125(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) (subject to art. 4)

F200 S. 89(9): definition of "manager" inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 125(j) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) (subject to art. 4)

F201 S. 89(9): definition of "multi-national partnership" substituted (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37, Sch. 4 para. 14(1)(2)

Modifications etc. (not altering text) C16 S. 89(5)-(7) amended (27.9.1999) by 1999 c.22, s. 48, Sch. 7 para. 15 (with Sch. 14 para. 7(2)); S.I.

1999/2657, art. 2(a)

Commencement Information I15 S. 89 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Compensation Fund: incorporated practices. F202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F202 S. 90 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192,

193); S.I. 2009/3250, art. 2(i)(viii)(hh) (with art. 9)

Power of Law Society to intervene in solicitors’ practices.

(1) 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—

“(h) the Council are satisfied that a sole solicitor has abandoned his practice;

(i) the Council are satisfied that a sole solicitor is incapacitated by age to such an extent as to be unable to attend to his practice;

(j) any power conferred by this Schedule has been exercised in relation to a sole solicitor by virtue of sub-paragraph (1)(a) and he has acted as a sole solicitor within the period of eighteen months beginning with the date on which it was so exercised;

(k) the Council are satisfied that a person has acted as a solicitor at a time when he did not have a practising certificate which was in force;

(l) the Council are satisfied that a solicitor has failed to comply with any condition, subject to which his practising certificate was granted or otherwise has effect, to the effect that he may act as a solicitor only—

(i) in employment which is approved by the Society in connection with the imposition of that condition;

(ii) as a member of a partnership which is so approved;

Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors Document Generated: 2020-04-27

(iii) as an officer of a body recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985 and so approved; or

(iv) in any specified combination of those ways.”

(2) In section 15 of the Act of 1974 (suspension of practising certificates) the following subsections shall be inserted after subsection (1)—

“(1A) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 1 has been exercised in relation to a solicitor by virtue of paragraph 1(1)(a)(i), (c) (so far as it applies to rules made by virtue of section 32) or (e) of that Schedule, the exercise of that power shall operate immediately to suspend any practising certificate of that solicitor for the time being in force.

(1B) Subsection (1A) does not apply if, at the time when the power referred to there is exercised, the Society directs that subsection (1A) is not to apply in relation to the solicitor concerned.

(1C) If, at the time when the power referred to in subsection (1A) is exercised, the Society gives a direction to that effect, the solicitor concerned may continue to act in relation to any matter specified in the direction as if his practising certificate had not been suspended by virtue of subsection (1A), but subject to such conditions (if any) as the Society sees fit to impose.”

(3) 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)—

“(d) by virtue of section 15(1A)”.

Functions of the Solicitors Disciplinary Tribunal.

(1) Section 47 of the M42Solicitors Act 1974 (jurisdiction and powers of the Tribunal) shall be amended as follows.

(2) The following subsections shall be substituted for subsections (1) and (2)—

“(1) Any application— (a) to strike the name of a solicitor off the roll; (b) to require a solicitor to answer allegations contained in an affidavit; (c) to require a former solicitor whose name has been removed from

or struck off the roll to answer allegations contained in an affidavit relating to a time when he was a solicitor;

(d) by a solicitor who has been suspended from practice for an unspecified period, by order of the Tribunal, for the termination of that suspension;

(e) by a former solicitor whose name has been struck off the roll to have his name restored to the roll;

(f) by a former solicitor in respect of whom a direction has been given under subsection (2)(g) to have his name restored to the roll,

shall be made to the Tribunal; but nothing in this subsection shall affect any jurisdiction over solicitors exercisable by the Master of the Rolls, or by any judge of the High Court, by virtue of section 50.

(2) Subject to subsection (3) and to section 54, on the hearing of any application or complaint made to the Tribunal under this Act, other than an application

64 Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

under section 43, 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—

(a) the striking off the roll of the name of the solicitor to whom the application or complaint relates;

(b) the suspension of that solicitor from practice indefinitely or for a specified period;

(c) the payment by that solicitor or former solicitor of a penalty not exceeding £5,000, which shall be forfeit to Her Majesty;

(d) in the circumstances referred to in subsection (2A), the exclusion of that solicitor from legal aid work (either permanently or for a specified period);

(e) the termination of that solicitor’s unspecified period of suspension from practice;

(f) the restoration to the roll of the name of a former solicitor whose name has been struck off the roll and to whom the application relates;

(g) in the case of a former solicitor whose name has been removed from the roll, a direction prohibiting the restoration of his name to the roll except by order of the Tribunal;

(h) in the case of an application under subsection (1)(f), the restoration of the applicant’s name to the roll;

(i) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.”

(3) In subsection (2A) for the words “(2)(bb)" there shall be substituted “ (2)(d)" ”.

(4) After subsection (3) there shall be inserted—

“(3A) Where, on the hearing of any application or complaint under this Act, the Tribunal is satisfied that more than one allegation is proved against the person to whom the application or complaint relates it may impose a separate penalty (by virtue of subsection (2)(c)) with respect to each such allegation.”

(5) In section 48(2) of that Act (recording and publishing of orders of the Tribunal)— (a) for the words “(a) to (e)" there shall be substituted “ (a) to (i)" ”; (b) in paragraph (a) after the word “solicitor" there shall be inserted “ or former

solicitor" ”; (c) 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)" ”.

(6) 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)" ”.

Marginal Citations M42 1974 c. 47.

Redress for inadequate professional services. F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors Document Generated: 2020-04-27

Textual Amendments F203 S. 93 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192,

193); S.I. 2009/3250, art. 2(i)(viii)(ii) (with art. 9)

Solicitors charged with or convicted of fraud or serious crime. F204(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F204(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After section 13A of that Act there shall be inserted the following section—

“13B Suspension of practising certificates where solicitors convicted of fraud or serious crime.

(1) Where— (a) a solicitor has been convicted of—

(i) an offence involving dishonesty or deception; or (ii) a serious arrestable offence (as defined by section 116 of the

Police and Criminal Evidence Act 1984); and (b) the Society has made an application to the Tribunal under section 47

with respect to him, the Society may direct that any practising certificate of his which is for the time being in force be suspended.

(2) Any such suspension shall be for such period, not exceeding six months, as the Society shall specify in the direction.

(3) If, before the specified period expires— (a) the Tribunal determines the Society’s application; (b) the conviction is quashed or set aside; or (c) the Society withdraws its application to the Tribunal,

the suspension shall cease to have effect.

(4) Where the specified period comes to an end without any of the events mentioned in subsection (3) having occurred, the Society may direct that the suspension be continued for such period, not exceeding six months, as it shall specify in the direction.

(5) A suspension under this section may only be extended once under subsection (4).

(6) Nothing in this section is to be taken as in any way affecting the Tribunal’s power to suspend a solicitor from practice.

(7) A solicitor in whose case a direction is given under subsection (1) or (4) may appeal to the Master of the Rolls against the direction within one month of being notified of it.

(8) In an appeal under subsection (7), the Master of the Rolls may— (a) affirm the suspension;

Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(b) direct that the appellant’s certificate shall not be suspended but shall have effect subject to such conditions as the Master of the Rolls thinks fit;

Textual Amendments F204 S. 94(1)(2) repealed (1.10.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29,

192, 193); S.I. 2011/2196, art. 2(1)(h)(iv)

Appeals against refusal to restore solicitor’s name to roll under section 8 of the 1974 Act.

In section 8 of the M43Solicitors Act 1974 (removal or restoration of name at solicitor’s request) the following subsections shall be added at the end—

“(4) An appeal from any decision of the Society under subsection (2) shall lie to the Master of the Rolls.

(5) The Master of the Rolls may make regulations about appeals to him under this section.”

Marginal Citations M43 1974 c. 47.

Powers of entry etc. of local weights and measures authorities. F205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F205 S. 96 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192,

193); S.I. 2009/3250, art. 2(i)(viii)(jj) (with art. 9)

Committees and sub-committees of the Council.

The following section shall be substituted for section 79 of the M44Solicitors Act 1974 (committees of the Council)—

“79 Committees and sub-committees of the Council.

(1) Subject to any provision to the contrary made by or under any enactment, the Council may arrange for any of its functions (other than reserved functions) to be discharged by—

(a) a committee of the Council; (b) a sub-committee of such a committee; or (c) an individual (whether or not a member of the Society’s staff).

67Courts and Legal Services Act 1990 (c. 41) Part IV – Solicitors Document Generated: 2020-04-27

(2) Where, by virtue of subsection (1)(a), any of the Council’s functions may be discharged by a committee, the committee may arrange for the discharge of any of those functions by—

(a) a sub-committee of that committee; or (b) an individual (whether or not a member of the Society’s staff).

(3) Where, by virtue of subsection (1) or (2), any of the Council’s functions may be discharged by a sub-committee, the sub-committee may arrange for the discharge of any of those functions by a member of the Society’s staff.

(4) Subsections (2) and (3) shall have effect subject to any contrary direction given by the Council.

(5) Subject to any direction given by the Council under subsection (4), subsection (3) shall have effect subject to any contrary direction given by the committee concerned.

(6) Any power given by subsection (1), (2) or (3) may be exercised so as to impose restrictions or conditions on the body or individual by whom the functions concerned are to be discharged.

(7) A committee of the Council, and any sub-committee of such a committee, discharging functions delegated under this section may include persons other than—

(a) members of the Council;(b) members of the Society;(c) solicitors.

(8) The majority of the members of any such committee or sub-committee may be persons who may be included by virtue of subsection (7).

(9) The number and term of office of the members of such a committee and the number of those members necessary to form a quorum, shall be fixed by the Council.

(10) Subject to any restriction or condition imposed by the Council, the number and term of office of the members of such a sub-committee and the number of those members necessary to form a quorum, shall be fixed by the committee concerned.

(11) The validity of any proceedings of such a committee or sub-committee shall not be affected by any casual vacancy among its members.

(12) In this section “reserved functions” means— (a) the function of making rules or regulations under section 2, 31, 32, 34,

36, or 37 or under section 9 of the Administration of Justice Act 1985 (incorporated practices);

(b) the function of setting fees or financial contributions under paragraph 2(1) of Schedule 2 or section 8(2) or under paragraph 6 of Schedule 2 to the Administration of Justice Act 1985.”

Marginal Citations M44 1974 c. 47.

Courts and Legal Services Act 1990 (c. 41) Part V – Arbitration

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Agreements with solicitors for payment by hourly rates.

(1) Section 57 of the M45Solicitors Act 1974 (non-contentious business agreements) shall be amended in accordance with subsections (2) to (4).

(2) 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" ”.

(3) In subsection (4), for the words “Subject to subsection (5)" there shall be substituted “ Subject to subsections (5) and (7)" ”.

(4) After subsection (5) there shall be inserted the following subsections—

“(6) Subsection (7) applies where the agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.

(7) If, on the taxation of any costs, the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into—

(a) the number of hours worked by the solicitor; and (b) whether the number of hours worked by him was excessive.”

(5) 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" ”.

(6) 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)" ”.

(7) In section 61 of the Act of 1974 (enforcement of contentious business agreements), the following subsections shall be inserted after subsection (4)—

“(4A) Subsection (4B) applies where a contentious business agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.

(4B) If on the taxation of any costs the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into—

(a) the number of hours worked by the solicitor; and (b) whether the number of hours worked by him was excessive.”

Marginal Citations M45 1974 c. 47.

PART V

ARBITRATION

F20699 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69Courts and Legal Services Act 1990 (c. 41) Part V – Arbitration Document Generated: 2020-04-27

Textual Amendments F206 S. 99 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3

100 Specific powers of arbitrator exercisable by High Court.

After section 43 of the M46[F207Senior Courts Act 1981] there shall be inserted the following section—

“43A Specific powers of arbitrator exercisable by High Court.

In any cause or matter proceeding in the High Court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the High Court may, if all parties to the agreement agree, exercise any such powers.”

Textual Amendments F207 S. 100: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009)

the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Commencement Information I16 S.100 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Marginal Citations M46 1981 c. 54.

F208101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F208 S. 101 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3

F209102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F209 S. 102 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3

F210103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F210 S. 103 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/ 3146, art. 3

PART VI

MISCELLANEOUS AND SUPPLEMENTAL

PROSPECTIVE

Tying-in

104 Tying-in arrangements in connection with residential property loans.

(1) In this section and sections 105 and 106 “residential property loan” means any loan which—

(a) is secured on land in the United Kingdom; and (b) 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.

(2) 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.

(3) The conditions are that the lender— (a) informs the borrower by notice that the residential property loan, and each of

the controlled services in question, are separate services; (b) 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;

controlled services if they are all provided in accordance with the terms proposed by the lender; and

(ii) 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

(d) 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.

(4) A person who— (a) in the course of his business provides, or makes arrangements for the provision

of, controlled services together with residential property loans; and (b) advertises or in any other manner promotes—

71Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

(i) the provision of any controlled service or any residential property loan; or

(ii) the making by him of any such arrangements, 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.

105 Tying-in arrangements: supplemental provisions.

(1) In section 104, this section and section 106 “controlled services” means any services of a description prescribed by order made by the Secretary of State.

(2) The order may, in particular, prescribe any description of— (a) banking, insurance, investment, trusteeship, executorship or other financial

services; (b) services relating to the acquisition, valuation, surveying or disposal of

property; (c) conveyancing services; or (d) removal services.

(3) For the purposes of section 104(1), the Secretary of State may by order specify— (a) the circumstances in which land is to be treated as being for a person’s

residential use; and (b) who are to be treated as a person’s dependants.

(4) Section 104(2) shall not apply in relation to the provision of a controlled service if the lender proves—

(a) 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

(b) where it was so connected, that the lender did not know, and had no reasonable cause to know, that it was.

(5) For the purposes of section 104, this section and section 106— (a) 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 (b) 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.

(6) In subsection (5), “a group of companies” means a holding company and its subsidiaries within the meaning of [F211section 1159 of the Companies Act 2006].

(7) 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.

(8) 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;

72 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

“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.

(9) In relation to land in Scotland— (a) “conveyancing services” has the same meaning as in the M47Law Reform

(Miscellaneous Provisions) (Scotland) Act 1990; and (b) 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.

(10) Before making any order or regulations under section 104 or this section the Secretary of State shall consult the [F212FCA] and such other persons as he considers appropriate.

Textual Amendments F211 Words in s. 105(6) substituted (1.10.2009) by The Companies Act 2006 (Consequential

Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 1(2), 2(1), Sch. 1 para. 118 (with art. 10)

F212 Word in s. 105(10) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 2(2)

Marginal Citations M47 1990 c. 40.

106 Tying-in: offences.

(1) If any person contravenes section 104(2) or (4) he shall be guilty of an offence.

(2) Subsection (3) applies where— (a) 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

(b) the borrower has declined to take from the lender one or more of the controlled services.

(3) 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—

(a) on the terms applicable if it were provided together with the controlled services; or

(b) where they differ, on terms which are compatible with the statement required by section 104(3)(c)(ii),

unless he proves that his reason for so refusing was unconnected with the borrower’s having declined as mentioned in subsection (2)(b).

(4) Any person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; and

73Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

(b) on conviction on indictment, to a fine.

(5) Subsection (6) applies where an offence under this section is committed by a body corporate.

(6) 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—

(a) any director, secretary or other similar officer of the body corporate; or (b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(7) 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.

107 Tying-in: enforcement.

(1) Every local weights and measures authority (“an authority") and the [F213FCA] shall have the duty of enforcing sections 104 to 106 and any regulations made under them.

(2) Nothing in subsection (1) is to be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.

(3) Where an authority propose to institute proceedings for an offence under section 106 they shall give the [F213FCA] notice of the intended proceedings together with a summary of the facts on which the charges are to be founded.

(4) Where an authority are under a duty to give such a notice and summary they shall not institute the proceedings until—

(a) the end of the period of 28 days beginning with the date on which they gave the required notice and summary; or

(b) if earlier, the date on which the [F213FCA] notifies them of receipt of the notice and summary.

(5) Every authority shall, whenever the [F213FCA] requires, report to [F214it] in such form and with such particulars as [F214it] requires on the exercise of their functions under this section.

(6) A duly authorised officer of the [F213FCA] 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—

(a) enter any premises which are not used solely as a dwelling; (b) require any officer, agent or other competent person on the premises who is, or

may be, in possession of information relevant to an investigation in connection with the provision made by section 104 or 105 to provide such information;

(d) take copies, or extracts, of any such documents; (e) seize and retain any document which he has reason to believe may be required

as evidence in proceedings for an offence under section 106.

74 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(7) Any authorised officer exercising any power given by subsection (6) shall, if asked to do so, produce evidence that he is such an officer.

(8) 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—

(a) entry to the premises concerned, or production of any documents which may be relevant to an investigation in connection with the provision made by section 104 or 105, has been or is likely to be refused to the authorised officer; or

(b) 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.

(9) 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”.

(10) A warrant issued under this section shall authorise the authorised officer (accompanied, where he considers it appropriate, by a constable or any other person) —

(a) to enter the premises specified in the information, using such force as is reasonably necessary; and

(b) to exercise any of the powers given to the authorised officer by subsection (6).

(11) If a person— (a) intentionally obstructs an authorised officer in the exercise of any power under

this section; (b) intentionally fails to comply with any requirement properly imposed on him

by an authorised officer in the exercise of any such power; (c) 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

(d) 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,

he shall be guilty of an offence.

(12) 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.

(13) 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.

(14) 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.

(15) In this section “document” includes information recorded in any form.

(16) 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.

75Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

[F215(17) 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.]

Textual Amendments F213 Word in s. 107 substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in

force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 2(3)(a)

F214 Words in s. 107(5) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(8)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)

F215 S. 107(17) inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 2(3)(b)

Miscellaneous

F216108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F216 S. 108 repealed (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

109 Liability of resident magistrates etc. in Northern Ireland for damages and costs.

(1) The M48Magistrates’ Courts (Northern Ireland) Order 1981 shall be amended as follows.

(2) For Articles 5 and 6 (general immunity of resident magistrates etc.) there shall be substituted the following Articles—

“5 Immunity of resident magistrates etc. for acts within jurisdiction.

No action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—

(a) in the execution of his duty— (i) as such a magistrate or justice; or

(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; and

(b) with respect to any matter within his jurisdiction.

Immunity for certain acts beyond jurisdiction.

An action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—

(a) in the purported exercise of his duty— (i) as such a magistrate or justice; or

76 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; but

(b) with respect to a matter which is not within his jurisdiction, if, but only if, it is proved that he acted in bad faith.”

(3) After Article 145 there shall be inserted the following Article—

“145A Immunity of county court judges hearing appeals under this Part.

Articles 5, 6 and 10 shall apply in relation to a county court judge sitting in connection with an appeal under this Part as they apply in relation to a resident magistrate.”

(4) F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F217 S. 109(4) repealed (1.4.2005) by 2002 c. 26, ss. 86, 87(2), Sch. 13; S.R. 2005/109, art. 2, Sch. F218 S. 109(5)(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1

Group. 4}

Marginal Citations M48 S.I. 1981/1675 (N.I. 26).

110 Jurisdiction of the Parliamentary Commissioner for Administration.

(1) In section 5 of the M49Parliamentary Commissioner Act 1967 (matters subject to investigation), the following subsection shall be added at the end—

“(6) For the purposes of this section, administrative functions exercisable by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of the Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.”

(2) In Schedule 3 to that Act (matters not subject to investigation), the following paragraph shall be inserted after paragraph 6—

“6A Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.”

Marginal Citations M49 1967 c. 13.

77Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

111 Costs against legal representatives etc. in criminal proceedings.

The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—

“19A Costs against legal representatives etc.

(1) In any criminal proceedings— (a) the Court of Appeal; (b) the Crown Court; or (c) a magistrates’ court,

may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.

(2) Regulations shall provide that a legal or other representative against whom action is taken by a magistrates’ court under subsection (1) may appeal to the Crown Court and that a legal or other representative against whom action is taken by the Crown Court under subsection (1) may appeal to the Court of Appeal.

(3) In this section—

“legal or other representative”, in relation to any proceedings, means a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings;

“regulations” means regulations made by the Lord Chancellor; and

“wasted costs” means any costs incurred by a party— (a) as a result of any improper, unreasonable or negligent act or omission

on the part of any representative or any employee of a representative; or (b) which, in the light of any such act or omission occurring after they were

incurred, the court considers it is unreasonable to expect that party to pay.”

Commencement Information I17 S. 111 wholly in force at 1.5.1991 see s. 124(3) and S.I. 1991/985, art. 2(a)

112 Costs against legal representatives in magistrates’ courts.

The following section shall be inserted in the M50 Magistrates’ Courts Act 1980 after section 145 (which contains supplementary provisions about rules of court)—

“145A Rules: costs order against legal representative.

(1) In any civil proceedings, a magistrates’ court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules.

(2) In subsection (1), “wasted costs” means any costs incurred by a party—

78 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or

(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

(3) In this section “legal or other representative”, in relation to any proceedings, means any person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings.

(4) Rules made by virtue of this section may, in particular, make provision as to the destination of any payment required to be made under the rules (including provision for the reimbursement of sums paid by the Legal Aid Board).

(5) Rules made by virtue of this section— (a) shall require a magistrates’ court which proposes to act under the

rules against a legal or other representative to allow him a reasonable opportunity to appear before it and show cause why it should not do so;

(b) shall provide that action may be taken under the rules either on the application of any party to the proceedings or on the motion of the court;

(c) shall provide that no such action shall be taken after the end of the period of six months beginning with the date on which the proceedings are disposed of by the court; and

(d) shall provide that a legal or other representative against whom action is taken under the rules may appeal to the Crown Court.”

Commencement Information I18 S. 112 wholly in force at 1.10.1991 see s. 124(3) and S.I. 1991/1883, art.2

Marginal Citations M50 1980 c. 43.

113 Administration of oaths and taking of affidavits. F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F219 S. 113 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 96, Sch.

23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(kk) (subject to art. 9)

114 Bail applications. F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

Textual Amendments F220 S. 114 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

115 Law reports.

A report of a case made by a person who is not a barrister but who is a solicitor or has a [F221Senior Courts] qualification (within the meaning of section 71) shall have the same authority as if it had been made by a barrister.

Textual Amendments F221 Words in s. 115 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11

para. 4; S.I. 2009/1604, art. 2(d)

Commencement Information I19 S. 115 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

116 Provision with respect to the Children Act 1989.

(1) The provisions of Part I of Schedule 16 shall have effect for the purpose of making amendments to the M51 or to provisions of other enactments amended by that Act.

(2) Part II of Schedule 16 shall have effect for the purpose of making further provision consequential on the Act of 1989.

(3) 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)—

(a) paragraphs (e) and (i) shall be omitted; and (b) in paragraphs (f) and (g) the references to England and Wales shall be read as

references to Northern Ireland.

Commencement Information I20 S. 116 in force 14.10.1991 so far as it relates to Sch. 16, paras. 1-7 and 9-42 see s. 124(3) and S.I.

1991/1883, art. 3, Sch. I21 S. 116(3) wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

Marginal Citations M51 1989 c. 41.

F222117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F222 S. 117 repealed (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

80 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

PROSPECTIVE

118 Functions of Treasury.

(1) 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 M52 Civil Service and Treasury) Order 1981).

(2) 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 ”.

(3) 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 ”.

(4) In the following provisions— (a) sections 3(4), 5(6), 7(5), 8(1), 11(a) and (b), 12(5), 13(4)(b), 15, 18(2), 20(4),

21(5), 22(1), 23(4), 25(1)(a) and 32(2); (b) 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 (c) paragraph 2(2) of Schedule 2,

for the words “the Minister", wherever they occur, there shall be substituted “ the Treasury ”.

(5) In section 21(4), for the words “the Minister may, if he" there shall be substituted “ the Treasury may, if it ”.

(6) In section 22(4)— (a) for the “Minister", where it first occurs, there shall be substituted “ Treasury

”; and (b) 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 ”.

(7) In Schedule 1— (a) in paragraph 8(2), for the words “to him" there shall be substituted “ to it ”; (b) in paragraph 15(7), for the words “he is satisfied" there shall be substituted

“ it is satisfied ”; (c) in paragraph 17(1), for the words “he shall" there shall be substituted “ it shall

”; and (d) 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 ”.

(8) In section 33, the definition of “the Minister" shall be omitted.

Marginal Citations M52 S.I. 1981/1670

81Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

Supplemental

119 Interpretation.

(1) In this Act— “administration”, in relation to letters of administration, has the same

meaning as in section 128 of the M53[F223Senior 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;

F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “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;

[F225“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, [F226the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court];

[F227“the FCA” means the Financial Conduct Authority;] F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F229“licensed CLC practitioner” has the meaning given in section 53;] “licensed conveyancer” has the same meaning as it has in the

M54Administration 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); [F230“officer”, in relation to a limited liability partnership, means a member

of the limited liability partnership;] F231... “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;

82 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

[F232“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);]

F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “registered foreign lawyer” has the meaning given by section 89(9); “right of audience” means the right to [F233appear before and address a court

including the right to call and examine] witnesses; “right to conduct litigation” means the right—

(a) to [F234issue] proceedings before any court [F235in England and Wales]; (aa) [F236to commence, prosecute and defend such proceedings; and] (b) to perform any ancillary functions in relation to proceedings (such as

entering appearances to actions); “solicitor” means solicitor of the [F237Senior Courts]; and F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of the definition of “conveyancing services” in subsection (1)— “disposition”—

(i) 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 M55Law of Property Act 1925 (short leases); but

(ii) subject to that, includes in the case of leases both their grant and their assignment; and

“acquisition” has a corresponding meaning.

(3) In this Act any reference [F238to conduct rules includes a reference to practice rules (within the meaning of the Legal Services Act 2007 (see section 21 of that Act)).].

Textual Amendments F223 S. 119: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009)

the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F224 S. 119(1): definitions of "authorised advocate", "authorised body" and "appropriate authorised body", "authorised litigator", "authorised practitioner", "Consultative Panel", "duly certificated notary public", "the general principle", "qualified person" and "the statutory objective" repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 97(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(ll) (with art. 9)

F225 S. 119(1): definition of "court" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 97(3) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F226 S. 119(1): words in definition of "designated judge" substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 216; S.I. 2005/2505, art. 2(c)

F227 Words in s. 119(1) inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 2(4)(a)

F228 S. 119(1): definition of "the Director" repealed (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(9)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)

F229 Words in s. 119(1) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 12; S.I. 2015/1402, art. 2(b)

F230 S. 119(1): definition of "officer" inserted (6.4.2001) by S.I. 2001/1090, reg. 9(1), Sch. 5 para. 17

83Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

F231 Words in s. 119(1) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 2(4)(b)

F232 S. 119(1): definitions substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 97(4) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F233 S. 119(1): words in definition of “right of audience" substituted (27.9.1999) by 1999 c. 22, s. 43, Sch. 6 para. 10(1)(2) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F234 S. 119(1): word in para. (a) in definition of “right to conduct litigation" substituted (27.9.1999) by 1999 c.22, s. 43, Sch. 6 para. 10(1)(3) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F235 S. 119(1): words in definition of "right to conduct litigation" inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 97(5)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F236 S. 119(1): para. (aa) in definition of "right to conduct litigation" substituted (1.1.2010) for preceding word by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 97(5)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F237 Words in s. 119(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

F238 Words in s. 119(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 97(6) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Marginal Citations M53 1981 c. 54. M54 1985 c. 61. M55 1925 c. 20.

120 Regulations and orders.

(1) Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.

(2) Any such regulations or order may make different provision for different cases or classes of case.

(3) 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.

F240 F241(4) No instrument shall be made under section F239..., ..., ..., [F24258(4),][F243(4A) or (4B),][F24458AA(4)] 60, 89(5) or (7), 125(4) F245... or paragraph 9(c) of Schedule 14 unless a draft of the instrument has been approved by both Houses of Parliament.

F246(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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.

Textual Amendments F239 Words in s. 120(4) omitted (27.4.1997) by virtue of 1997 c. 12, Sch. 2 para. 4; S.I. 1997/841, art. 3 F240 Words in s. 120(4) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 98(a)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

84 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F241 Words in s. 120(4) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 98(a)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(f)(vi)(aa)

F242 Words in s. 120(4) substituted (1.4.2000) by 1999 c. 22, s. 27(2) (with Sch. 14 para. 7(2); S.I. 2000/774, art. 2(b) (with arts. 3-5)

F243 Words in s. 120(4) inserted (19.1.2013 for specified purposes, 1.4.2013 except in relation to specified proceedings, 6.4.2016 in so far as not already in force except in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma and publication and privacy proceedings, 6.4.2019 in relation to publication and privacy proceedings) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 44(5), 151(1) (with s. 48); S.I. 2013/77, arts. 2(1)(a), 3(a) (with art. 4); S.I. 2016/345, art. 2; S.I. 2018/1287, art. 2

F244 Words in s. 120(4) substituted (19.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 45(12), 151(1); S.I. 2013/77, arts. 2(1)(b), 3(b)

F245 Words in s. 120(4) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 98(a)(ii), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

F246 S. 120(5) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 98(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, {art. 2(h)(i)((viii)(mm)} (with art. 9)

121 Financial provisions.

Any expenses incurred by the Lord Chancellor under this Act shall be payable out of money provided by Parliament.

122 Power to make corresponding provision for Northern Ireland.

An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the M56Northern Ireland Act 1974 which contains a statement—

(a) that it amends the law in Northern Ireland with respect to — (i) the pensions of county court judges and resident magistrates, and

(ii) pensions in relation to which provisions of the M57Judicial Pensions Act (Northern Ireland) 1951 apply; and

(b) that it is made only for purposes corresponding to those of— (i) sections 79 to 83 and Schedules 12 and 13 and such other provisions

of this Act as are consequential on those sections and those Schedules; (ii) section 118,

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.

Marginal Citations M56 1974 c. 28. M57 1951 c. 20. (N.I.).

123 Extent.

(1) The following provisions of this Act extend to Scotland— (a) section 65; (b) section 71(2), so far as necessary;

85Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

(c) sections 79 to 83; (d) sections 104 to 107; (e) section 116, this section and sections 124 and 125, so far as necessary;

F247(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) paragraph 8 of Schedule 3; (h) paragraph 11 of Schedule 5; (i) Schedule 10, so far as it amends any enactment extending to Scotland; (j) paragraphs 5, 34 to 36, 39, 41 and 42 of Schedule 16; (k) paragraph 1 of Schedule 17; and (l) Schedule 20, so far as it repeals any enactment extending to Scotland.

(2) The following provisions of this Act extend to Northern Ireland— (a) section 8; (b) section 71(2), so far as necessary; (c) sections 79(1) and 80 to 84; (d) sections 109, 110, 116, 118, 121, 122, this section and sections 124 and 125

so far as necessary; F248(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) paragraph 8 of Schedule 3; (g) paragraph 11 of Schedule 5; (h) Schedule 10, so far as it amends any enactment extending to Northern Ireland; (i) Schedule 13; (j) paragraphs 5, 25, 33, 35, 39 and 41 of Schedule 16; (k) Schedules 17, 18 and 19, so far as they amend or relate to any enactment

extending to Northern Ireland; (l) Schedule 20 so far as it repeals any such enactment.

Textual Amendments F247 S. 123(1)(f) repealed (1.1.2000) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9));

S.I. 1999/3344, art. 2(d), Sch. 1 para. 4 F248 S. 123(2)(e) repealed (1.1.2000) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9));

S.I. 1999/3344, art. 2(d), Sch. 1 para. 4

124 Commencement.

(1) The following provisions come into force on the passing of this Act— (a) sections 1, 5, 119 to 123, this section and section 125(1); and (b) paragraphs 2 and 3 of Schedule 17.

(2) 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—

(a) sections 6, 8, 11, 16, 64, 65, 72, 73, 85, 87 and 88, 90 to 92, 94 to 97, 98 and 108 to 110;

(b) paragraphs 1, 11, 12, 16 and 20 of Schedule 17; (c) paragraphs 7, 8, 14 to 16, 55 and 57 of Schedule 18; and (d) paragraph 1 of Schedule 19.

86 Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(3) 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.

(4) Different dates may be appointed for different provisions of this Act and for different purposes.

Subordinate Legislation Made P1 S. 124(3): power conferred by s. 124(3) partly exercised by S.I. 1990/2170, 1990/2484, 1991/608,

1991/985, 1991/1364 S. 124(3): power conferred by s. 124(3) partly exercised (17.8.1991) by S.I. 1991/1883 S. 124(3): power conferred by s. 124(3) partly exercised (3.12.1991) by S.I. 1991/2730 S. 124(3): power conferred by s. 124(3) partly exercised (22.5.1992) by S.I. 1992/1221, art. 2, Sch. S. 124(3): power conferred by s. 124(3) partly exercised (23.7.1993) by S.I. 1993/2132, arts. 2, 3,Sch. S. 124(3): power conferred by s. 124(3) partly exercised (6.3.1995) by S.I. 1995/641, art. 2

P2 S. 124(3) power partly exercised: 7.12.2004 appointed for specified provisions by {S.I. 2004/2950}, art. 2

Modifications etc. (not altering text) C17 S. 124: transfer of functions (19.8.2003) by The Secretary of State for Constitutional Affairs Order

2003 (S.I. 2003/1887), arts. 4, 5, Sch. 1 (with arts. 6, 8)

125 Short title, minor and consequential amendments, transitionals and repeals.

(1) This Act may be cited as the Courts and Legal Services Act 1990.

(2) The minor amendments set out in Schedule 17 shall have effect.

(3) The consequential amendments set out in Schedule 18 shall have effect.

(4) The [F249Lord 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.

[F250(5) In subsection (4)— (a) “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

(b) 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.]

(6) The transitional provisions and savings set out in Schedule 19 shall have effect.

(7) 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.

Textual Amendments F249 Words in s. 125(4) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21

para. 99(a) (with ss. 29, 192, 193): S.I. 2009/503, art. 2(d)

87Courts and Legal Services Act 1990 (c. 41) Part VI – Miscellaneous and Supplemental Document Generated: 2020-04-27

F250 S. 125(5) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 99(b) (with ss. 29, 192, 193): S.I. 2009/503, art. 2(d)

Modifications etc. (not altering text) C18 S. 125: transfer of functions (19.8.2003) by The Secretary of State for Constitutional Affairs Order

2003 (S.I. 2003/1887), arts. 4, 5, Sch. 1 (with arts. 6, 8)

Commencement Information I22 S. 125 partly in force; s. 125(1) in force at 1.11.1990; s. 125(7) partly in force at 1.11.1990 see s.

124(3) and S.I. 1990/2170; s. 125 partly in force at 1.1.1991 see s. 124(3) and S.I. 1990/2484; s. 125(2) in force 1.4.1991 so far as it relates to Sch. 17 paras. 4, 7, 8, 10 and 13, s. 125(3) in force at 1.4.1991 so far as it relates to Sch. 18 paras. 1 (in part), 5, 41, 48, 49, 52, 56, 58 - 63, s. 125(6) in force at 1.4.1991 so far as it relates to Sch. 19 paras. 14, 15, 17, s. 125(7) in force at 1.4.1991 so far as it relates to certain repeals in Sch. 20 see s. 124(3) and S.I. 1991/608 art. 2, Sch. S. 125(3) in force 1.5.1991 so far as it relates to Sch. 18 para. 53 see s. 124(3) and S.I. 1991/985, art. 2 S. 125(2) in force 1.7.1991 so far as it relates to Sch. 17 paras. 6, 17 and 18 see s. 124(3) and S.I. 1991/1364, art. 2, Sch. S. 125(3) in force 1.7.1991 so far as it relates to Sch. 18 paras. 9, 10, 17, 18 and 43-46 see s. 124(3) and S.I. 1991/1364, art. 2, Sch. S. 125(6) in force 1.7.1991 so far as it relates to Sch. 19 paras. 12 and 13 see s. 124(3) and S.I. 1991/1364, art. 2, Sch. S. 125(7) in force 1.7.1991 for certain purposes see s. 124(3) and S.I. 1991/1364, art. 2, Sch. S. 125(4) and (5) wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch. S. 125(2) in force 14.10.1991 so far as it relates to Sch. 17 para. 14 see s. 124(3) and S.I. 1991/1883, art.3, Sch. S. 125(3) in force 14.10.1991 so far as it relates to Sch. 18 paras. 21 and 54 see s. 124(3) and S.I. 1991/1883, art.3, Sch. S. 125(7) in force 14.10.1991 for certain purposes see s. 124(3) and S.I. 1991/1883, art. 3, Sch. S. 125(3) in force 1.1.1992 so far as it relates to Sch. 18 paras. 26-30 and 33-35 see s. 124(3) and S.I. 1991/2730, art. 2.Sch; s. 125(3) in force at 1.6.1992 so far as it relates to Sch. 18 para. 13 see s. 124(3) and S.I. 1992/1221, reg. 2,Sch. S. 125(6) in force 1.1.1992 so far as it relates to Sch. 19 para. 9 see s. 124(3) and S.I. 1991/2730, art. 2, Sch. S. 125(7) in force 1.1.1992 so far as it relates to certain repeals in Sch. 20 see S.I. 1991/2730, art. 2,Sch; s. 125(7) in force at 1.6.1992 for certain purposes in Sch. 20 see S.I. 1992/1221, art. 2,Sch. S. 125(7) in force 1.10.1993 so far as it relates to certain repeals in Sch. 20 see S.I. 1993/2132, art. 3, Sch.

88 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 1

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

S C H E D U L E S

F251SCHEDULE 1

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

Textual Amendments F251 Sch. 1 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I.

1999/3344, art. 2(d), Sch. 1 para. 4

F253SCHEDULE 2

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

Textual Amendments F253 Sch. 2 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I.

1999/3344, art. 2(d), Sch. 1 para. 4

F254 SCHEDULE 3 Section 21.

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

Textual Amendments F254 Sch. 3 repealed (31.12.2011) by Legal Services Act 2007 (c. 29), ss. 159(2)(b), 211(2), Sch. 23 (with ss.

29, 192, 193); S.I. 2010/2089, art. 4(a)(b)(v)

F255F255SCHEDULE 4

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

Textual Amendments F255 Sch. 4 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(a),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(nn) (subject to art. 6)

89Courts and Legal Services Act 1990 (c. 41) SCHEDULE 5 Document Generated: 2020-04-27

F333F333SCHEDULE 5

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

Textual Amendments F333 Sch. 5 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(b),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(d)(f)(vi)(bb)

F339F339SCHEDULE 6

Textual Amendments F339 Sch. 6 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(b),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(d)(f)(vi)(bb)

F339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F340F340SCHEDULE 7

Textual Amendments F340 Sch. 7 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(b),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(d)(f)(vi)(bb)

F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8 Section 53.

LICENSED CONVEYANCERS [F341AND LICENSED CLC PRACTITIONERS]

Textual Amendments F341 Words in Sch. 8 heading inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19

para. 13(2); S.I. 2015/1402, art. 2(b)

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

PART I

ADDITIONAL POWERS OF COUNCIL FOR LICENSED CONVEYANCERS IN CONNECTION WITH SECTIONS 27, 28, AND 53

General In this Schedule—

“the M62Act of 1985” means the Administration of Justice Act 1985; [F342“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; F343... F344... “relevant licence” means a licence under Part II of the Act of 1985 or an

advocacy, litigation or probate licence. [F345“reserved legal activity” has the same meaning as in the Legal

Services Act 2007 (see section 12 of and Schedule 2 to that Act).]

Textual Amendments F342 Words in Sch. 8 para. 1 substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19

para. 13(3)(a); S.I. 2015/1402, art. 2(b) F343 Words in Sch. 8 para. 1 omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b),

Sch. 19 para. 13(3)(b)(i); S.I. 2015/1402, art. 2(b) F344 Words in Sch. 8 para. 1 omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b),

Sch. 19 para. 13(3)(b)(ii); S.I. 2015/1402, art. 2(b) F345 Sch. 8 para. 1: definition of "reserved legal activity" inserted (1.1.2010) by Legal Services Act 2007

(c. 29), ss. 182, 211, Sch. 17 para. 35(2)(d) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

Commencement Information I54 Sch. 8 Pt. 1 para. 1 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 1 in force at 1.4.1991 (except in so

far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 1 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Marginal Citations M62 1985 c. 61.

Qualification regulations and rules of conduct (1) For the purpose of exercising the powers conferred by section 53 the Council may

make such qualification regulations and [F346conduct rules] as it considers appropriate in connection with the [F347carrying on of the reserved legal activities] in question.

(2) 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).

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners Document Generated: 2020-04-27

Textual Amendments F346 Words in Sch. 8 para. 2(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch.

17 para. 35(3)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9) F347 Words in Sch. 8 para. 2(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch.

17 para. 35(3)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

Commencement Information I55 Sch. 8 para. 2 wholly in force at 7.12.2004; Sch. 8 para. 2 in force at 1.4.1991 (except in so far as it

relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 para. 2 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Applications for licences (1) 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.

(2) Any such rules— (a) may prescribe the forms to be used in connection with applications for any

such licence; and (b) may provide for applications of any description specified in the rules to be

exempt from any of the requirements of the rules.

(3) Rules made under section 14 of the Act of 1985 and this paragraph may make provision with respect to applications for composite licences.

Commencement Information I56 Sch. 8 Pt. 1 para. 3 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 3 in force at 1.4.1991 (except in so

far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 3 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Issue of licences (1) If, on an application for an advocacy, litigation or probate licence, the Council is

satisfied that— (a) the applicant has complied with such qualification regulations, [F348conduct

rules] or other requirements as are applicable in his case in relation to the licence applied for;

(b) 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

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.

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(2) 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.

(3) 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, [F350with respect to—

(a) any application under paragraph 3 for an advocacy licence and any advocacy licence in force under section 53;

(b) any application under paragraph 3 for a litigation licence and any litigation licence in force under section 53; and

(c) any application under paragraph 3 for a probate licence and any probate licence in force under section 53 (as the case may be), as they] apply with respect to any application under section 14 of that Act and any licence under Part II of that Act.

Textual Amendments F348 Words in Sch. 8 para. 4(1)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211,

Sch. 17 para. 35(4)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9) F349 Words in Sch. 8 para. 4(1)(c) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211,

Sch. 17 para. 35(4)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9) F350 Words in Sch. 8 para. 4(3) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch.

19 para. 13(4); S.I. 2015/1402, art. 2(b)

Commencement Information I57 Sch. 8 Pt. 1 para. 4 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 4 in force at 1.4.1991 (except in so

far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 4 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Conditional licences (1) This paragraph has effect in any case where a person applies for an advocacy,

litigation or probate licence— (a) for the first time;

[F351(b) when conditions under this paragraph have been imposed on an advocacy, litigation or probate licence previously issued to him;

(ba) 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;]

(c) 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 [F352an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985] ;

[F353(d) after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 [F354(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 [F355(including section 26(1) as applied by section 53)] .]

93Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners Document Generated: 2020-04-27

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) Without prejudice to the generality of sub-paragraph (4), conditions may be imposed under that sub-paragraph—

(a) for restricting the kinds of [F356activities that may be carried on] by the applicant by virtue of his having the advocacy, litigation or probate licence in question; F357...

(b) [F358in 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 [F359carries on the additional activities] authorised by that licence[F360; or

(c) 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,]

and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) [F361or (c)] or otherwise) as they may be under Part II of the Act of 1985.

(7) 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.

[F362(8) 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.]

Textual Amendments F351 Sch. 8 para. 5(1)(b) (ba) substituted for para. 5(1)(b) (29.6.2015) by Deregulation Act 2015 (c. 20), s.

115(6)(b), Sch. 19 para. 13(5)(a); S.I. 2015/1402, art. 2(b) F352 Words in Sch. 8 para. 5(1)(c) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch.

19 para. 13(5)(b); S.I. 2015/1402, art. 2(b) F353 Sch. 8 para. 5(1)(d) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17

para. 35(5)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii) F354 Words in Sch. 8 para. 5(1)(d) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch.

19 para. 13(5)(c)(i); S.I. 2015/1402, art. 2(b)

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F355 Words in Sch. 8 para. 5(1)(d) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(c)(ii); S.I. 2015/1402, art. 2(b)

F356 Words in Sch. 8 para. 5(6)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(b)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F357 Word in Sch. 8 para. 5(6) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(d); S.I. 2015/1402, art. 2(b)

F358 Words in Sch. 8 para. 5(6)(b) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(e); S.I. 2015/1402, art. 2(b)

F359 Words in Sch. 8 para. 5(6)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(b)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F360 Sch. 8 para. 5(6)(c) and word inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(f); S.I. 2015/1402, art. 2(b)

F361 Words in Sch. 8 para. 5(6) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(g); S.I. 2015/1402, art. 2(b)

F362 Sch. 8 para. 5(8) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

Commencement Information I58 Sch. 8 Pt. 1 para. 5 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 5 in force at 1.4.1991 (except in so

far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 5 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Register of licensed conveyancers (1) 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.

(2) 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.

(3) 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.

Commencement Information I59 Sch. 8 Pt. 1 para. 6 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 6 in force at 1.4.1991 (except in so

far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 6 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

[F363Register of licensed CLC practitioners

Textual Amendments F363 Sch. 8 para. 6A and cross-heading inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b),

Sch. 19 para. 13(6); S.I. 2015/1402, art. 2(b)

95Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners Document Generated: 2020-04-27

6A (1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) A certificate signed by an officer of the Council appointed for the purpose and stating—

(a) that any person does or does not, or did or did not at any time, hold an advocacy, litigation or probate licence, or

(b) that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions,

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.]

Code of conduct 7 F364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F364 Sch. 8 para. 7 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para.

35(6), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii)(i)(viii)(oo) (with art. 9)

[F365Effect of suspension or revocation

Textual Amendments F365 Sch. 8 para. 8 and cross-heading substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b),

Sch. 19 para. 13(7); S.I. 2015/1402, art. 2(b)

Where a relevant licence ceases to be in force because of— (a) a direction under section 24(5) of the Act of 1985, or (b) an order under section 26(2)(a) or (c) of the Act of 1985,

96 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

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.]

Removal of disqualification from holding a licence F3669 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F366 Sch. 8 para. 9 omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para.

13(8); S.I. 2015/1402, art. 2(b)

Revocation on grounds of error or fraud F36710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F367 Sch. 8 para. 10 omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19

para. 13(9); S.I. 2015/1402, art. 2(b)

Recognised bodies 11 F368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F368 Sch. 8 para. 11 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para.

35(9), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)(f)(i)(vi)(cc)

PART II

AMENDMENTS OF PROVISIONS RELATING TO POWERS OF COUNCIL ETC.

Delegation of powers etc. 12 (1) [F369The] 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— (a) by a committee of the Council; or

[F370(b) by a sub-committee of such a committee; or (c) by an individual (whether or not a member of the Council's staff).]

[F371(1A) 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) a sub-committee of that committee; or (b) an individual, whether or not a member of the Council's staff.

(1B) Sub-paragraph (1A) is subject to any contrary direction given by the Council.

97Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners Document Generated: 2020-04-27

(1C) 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).

(1D) For this purpose “the delegating body” means— (a) in the case of arrangements under sub-paragraph (1), the Council, and (b) in the case of arrangements under sub-paragraph (1A), the committee.]

(2) 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.

[F372(3) 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.]

(4) 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.

(5) 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.

[F373(6) A committee or sub-committee established under this paragraph may include or consist of individuals other than—

(a) members of the Council; (b) licensed conveyancers.

(7) A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee.

(7A) The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.

(7B) A committee or sub-committee may regulate its own procedure, including quorum.]

(8) The validity of any proceedings of such a committee shall not be affected by any casual vacancy among its members.

(9) Any rules made under this paragraph— (a) may make such incidental and supplemental provision as the Council

considers appropriate; and (b) may make different provision for different circumstances.

[F374(10) This paragraph is subject to any provision to the contrary made by or under any enactment.]

Textual Amendments F369 Words in Sch. 8 para. 12(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211,

Sch. 17 para. 35(10)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii) F370 Sch. 8 para. 12(1)(b)(c) substituted (31.3.2009) for Sch. 8 para. 12(1)(b) by Legal Services Act 2007

(c. 29), ss. 182, 211, Sch. 17 para. 35(10)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

98 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F371 Sch. 8 para. 12(1A)-(1D) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F372 Sch. 8 para. 12(3) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(d) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F373 Sch. 8 para. 12(6)-(7B) substituted (31.3.2009) for Sch. 8 para. 12(6)(7) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(e) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F374 Sch. 8 para. 12(10) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(f) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

Commencement Information I60 Sch. 8 para. 12 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55)

see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Council’s intervention powers 13 F375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F375 Sch. 8 para. 13 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para.

35(11), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)(f)(vi)(cc)

Inadequate professional services 14 F376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F376 Sch. 8 paras. 14-20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Inadequate professional services: steps that may be taken 15 F377. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F377 Sch. 8 paras. 14-20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Inadequate professional services: compensation 16 F378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F378 Sch. 8 paras. 14-20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

99Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners Document Generated: 2020-04-27

Inadequate professional services: failure to comply with direction 17 F379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F379 Sch. 8 paras. 14-20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Inadequate professional services: fees 18 F380. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F380 Sch. 8 paras. 14-20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Inadequate professional services: costs 19 F381. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F381 Sch. 8 paras. 14-20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Duty of Discipline and Appeals Committee 20 F382. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F382 Sch. 8 paras. 14-20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Power to examine files 21 (1) Where the Council is satisfied that it is necessary to do so for the purpose of

investigating any complaint made to it— (a) alleging professional misconduct by a licensed conveyancer [F383or licensed

CLC practitioner] ; or (b) F384. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Council may give notice to [F385the 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 [F385the 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).

100

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 8 – Licensed Conveyancers and Licensed CLC Practitioners

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(2) 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.

Textual Amendments F383 Words in Sch. 8 para. 21(1)(a) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch.

19 para. 13(10)(a); S.I. 2015/1402, art. 2(b) F384 Sch. 8 para. 21(1)(b) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21

para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F385 Words in Sch. 8 para. 21(1) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch.

19 para. 13(10)(b); S.I. 2015/1402, art. 2(b)

Commencement Information I61 Sch. 8 para. 21 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55)

see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Interest on clients’ money

Where a licensed conveyancer [F386or licensed CLC practitioner] — (a) 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 (b) fails to do so as soon as is reasonably practicable,

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.

Textual Amendments F386 Words in Sch. 8 para. 22 inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19

para. 13(11); S.I. 2015/1402, art. 2(b)

Commencement Information I62 Sch. 8 para. 22 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55)

see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Full and limited licences F38723 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F387 Sch. 8 para. 23 repealed (31.3.2009) by Planning Act 2008 (c. 29), Sch. 23 (with ss. 29, 192, 194); S.I.

2009/503, art. 2(f)(vi)(cc) (with art. 5)

101

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 9 Document Generated: 2020-04-27

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)—

“(i) after having been committed to prison in civil proceedings; (ia) after having been convicted of an offence involving dishonesty or

deception or a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984); or”.

Commencement Information I63 Sch. 8 para. 24 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55)

see s. 124(3) and S.I. 1991/608, art. 2, Sch.

F388F388SCHEDULE 9

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

Textual Amendments F388 Sch. 9 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(f),

Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(pp) (subject to art. 6, with art. 9)

SCHEDULE 10 Section 71(2).

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—

“(a) a person who has a Supreme Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; or

War Pensions (Administrative Provisions) Act 1919 (c. 53)

102 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Pensions Appeal Tribunal 2 (1) 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.

(2) After that paragraph there shall be inserted— “2A For the purposes of paragraph 2(i) the legal representative shall be—

(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 7 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 7 years’ standing.”

Land Registration Act 1925 (c. 21)

District Registrar 3 F412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F412 Sch. 10 para. 3 repealed (13.10.2003) by 2002 c. 9, ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para.

1); S.I. 2003/1725, art. 2

London Building Acts (Amendment) Act 1939 (c. xcvii) 4 F413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F413 Sch. 10 para. 4 repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146,

148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

Pensions Appeal Tribunals Act 1943 (c. 39) F4145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F414 Sch. 10 para. 5 repealed (9.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IV (with s. 83(6)); S.I. 2000/2994,

art. 2(6)

Agriculture Act 1947 (c. 48)

103

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

Agricultural Land Tribunal (1) In F415. . . Schedule 9 to the Agriculture Act 1947 F415. . .

(2) 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)." ”

Textual Amendments F415 Words in Sch. 10 para. 6(1) repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15),

ss. 146, 148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

Lands Tribunal Act 1949 (c. 42)

Lands Tribunal 7 F416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F416 Sch. 10 para. 7 repealed (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and

Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), arts. 1, 5(5), Sch. 4 (with Sch. 5)

Wireless Telegraphy Act 1949 (c. 54)

[F417In 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," ”.]

Textual Amendments F417 Sch. 10 para. 8 repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes)

by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I 2003/3142, {art. 3(2)} (with art. 11)

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" ”.

104 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Courts-Martial Appeals Act 1951 (c. 46)

Judge Advocate of the Fleet 10 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 “unless he is—

(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate in Scotland of at least 10 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 10 years; or

Judge Advocate General etc 11 (1) 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 “unless he is— (a) a person who has a 10 year general qualification, within the meaning

of section 71 of the Courts and Legal Services Act 1990; (b) an advocate in Scotland of at least 10 years’ standing, or a solicitor

who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 10 years;

(d) the Vice Judge Advocate General; or (e) an Assistant Judge Advocate General.”

(2) 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 “unless he is—

(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate in Scotland of at least 7 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 7 years;

(d) a Deputy Judge Advocate General.”

(3) In subsection (3) of that section (Deputy Judge Advocate General) for the words “unless he is" to the end there shall be substituted “unless he is—

(a) a person who has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate in Scotland of at least 5 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 5 years; or

105Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

Agricultural Marketing Act 1958 (c. 47)

12 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 “who—

(a) has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) is an advocate or solicitor in Scotland of at least 7 years’ standing; or (c) is a member of the Bar of Northern Ireland or solicitor of the

Supreme Court of Northern Ireland of at least 7 years’ standing,

and is approved by the Minister. ”

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

13 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)

F41814

Charity Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F418 Sch. 10 para. 14 repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99, Sch.7.

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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or

106 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.”

Betting Gaming and Lotteries Act 1963 (c. 2)

Levy Appeal Tribunal 16 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—

“(i) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii) an advocate or solicitor in Scotland of at least 7 years’ standing,”.

Ecclesiastical Jurisdiction Measure 1963 (No. 1)

Judge of Consistory Court 17 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 18 (1) 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," ”.

(2) 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 19 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 20 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

107Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

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 F41921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F419 Sch. 10 para. 21 repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

Police Act 1964 (c. 48) F42022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F420 Sch. 10 para. 22 repealed (1.4.1999) by 1996 c. 16, s. 103, Sch. 9 Pt. II; S.I. 1999/533, art. 2

Hairdressers (Registration) Act 1964 (c. 89)

Assessor to disciplinary committee 23 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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(b) an advocate or solicitor in Scotland of at least 10 years’ standing.”

City of London Courts Act 1964 (c. iv)

The Common Serjeant 24 F421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F421 Sch. 10 para. 24 repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146,

148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

Law Commissions Act 1965 (c. 22)

108 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Law Commissioner 25 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 26 F422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F422 Sch. 10 para. 26 repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146,

148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

[F423Employment Tribunal] (England and Wales) Regulations 1965

Textual Amendments F423 Words in cross-heading to Sch. 9 para. 27 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2));

S.I. 1998/1658, art. 2(1), Sch. 1

[F424Employment tribunal] (S.I. 1965/1101.)

Textual Amendments F424 Words in cross-heading to Sch. 9 para. 27 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2));

S.I. 1998/1658, art. 2(1), Sch. 1

27 (1) In regulation 3(1) of the [F425Employment Tribunal] (England and Wales) Regulations 1965 (President of [F425Employment 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." ”

(2) 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," ”.

(3) 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.

109

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

Textual Amendments F425 Words in Sch. 9 para. 27 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658,

art. 2(1), Sch. 1

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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 10 years’ standing.”

Hearing Aid Council Act 1968 (c. 50)

Assessor to Disciplinary Committee F42629 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F426 Sch. 10 para. 29 repealed (1.4.2010) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15

Pt. 2; S.I. 2010/708, art. 4(2)(d)

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 “unless —

(a) he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) he is an advocate or solicitor in Scotland of at least 10 years’ standing; or

(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.”

Courts Act 1971 (c. 23)

110 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Circuit Judge 31 (1) 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 “unless— (a) he has a 10 year Crown Court or 10 year county court qualification

within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) he is a Recorder; or (c) he has held as a full-time appointment for at least 3 years one of the

offices listed in Part IA of Schedule 2.”

(2) After Part I of Schedule 2 to that Act (certain office-holders to be circuit judges) there shall be inserted the following—

“PART IA

CERTAIN OFFICE-HOLDERS ELIGIBLE FOR APPOINTMENT AS CIRCUIT JUDGES

Social Security Commissioner appointed under section 97 of the Social Security Act 1975.

President of Social Security Appeal Tribunals and Medical Appeal Tribunals or chairman of such a tribunal appointed under Schedule 10 to that Act.

President of [F427Employment Tribunals] or chairman of such a tribunal appointed under the [F427Employment Tribunals] (England and Wales) Regulations 1965.

President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act 1971.

Member (excluding the President) of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949.

President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act 1943.

President of Value Added Tax Tribunals or chairman of such a tribunal appointed under Schedule 8 to the Value Added Tax Act 1983.

Special Commissioner appointed under section 4 of the Taxes Management Act 1970.

Coroner appointed under section 2 of the Coroners Act 1988.

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.

Registrar in Bankruptcy of the High Court.

Taxing Master of the Supreme Court.

111

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

District judge of the principal registry of the Family Division.

Registrar of Civil Appeals.

Master of the Court of Protection.

District judge.

Stipendiary magistrate.”

Textual Amendments F427 Words in Sch. 9 para. 31 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658,

art. 2(1), Sch. 1

Recorder and Assistant Recorder 32 F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F428 Sch. 10 para. 32 repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146,

148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

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—

“(i) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(ii) an advocate or solicitor in Scotland of at least 7 years’ standing; or

(iii) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,”.

Immigration Act 1971 (c. 77)

Immigration Appeal Tribunal F42934 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F429 Sch. 10 para. 34 repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 91(2), Sch. 16; S.I.

2000/168, art. 2, Sch. (with art. 3)

112

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Friendly Societies Act 1974 (c. 46)

35 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)

F43036

Social Security Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F430 Sch. 10 para. 36 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6, SIF

113:1), ss. 3, 7(2), Sch.1 (with Sch. 3) (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s.118)

Social security appeal tribunal and medical appeal tribunal F43137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F431 Sch. 10 para. 37 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6, SIF

113:1), ss. 3, 7(2), Sch. 1 (with Sch. 3) (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s.118)

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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(b) an advocate or solicitor in Scotland of at least 10 years’ standing.”

Industry Act 1975 (c. 68)

113

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

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—

“(i) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,”.

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

Aircraft and Shipbuilding Industries Arbitration Tribunal F43240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F432 Sch. 10 para. 40 omitted (22.3.2013) by virtue of The Public Bodies (Abolition of the Aircraft and

Shipbuilding Industries Arbitration Tribunal) Order 2013 (S.I. 2013/686), art. 1(2), Sch. 1 para. 4

Insurance Brokers (Registration) Act 1977 (c. 46)

Assessor to Disciplinary Committee 41 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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 10 years’ standing.”

National Health Service Act 1977 (c. 49) 42 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)

114 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Assessors to the Central Council F43343 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F433 Sch. 10 para. 43 repealed (19.6.1997) by 1997 c. 24, ss. 23(3), 24(2), Sch. 6

Justices of the Peace Act 1979 (c. 55)

Stipendiary Magistrate F43444 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F434 Sch. 10 para. 44 repealed (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

Justices’ Clerk F43545 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F435 Sch. 10 para. 45 repealed (19.6.1997) by 1997 c. 25, ss. 73(1). 74(1). Sch. 6 Pt. I (with Sch. 4 para. 27)

Social Security Act 1980 (c. 30)

Deputy Social Security Commissioner F43646 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F436 Sch. 10 para. 46 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6, SIF

113:1), ss. 3, 7(2), Sch.1 (with Sch. 3) (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s.118)

[F437Senior Courts Act 1981] (c. 54)

Textual Amendments F437 Sch. 10 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted

(1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

115

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

Judge’s legal secretary

In section 98(4) of the [F438Senior 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)" ”.

Textual Amendments F438 Sch. 10 para. 47: for the words "Supreme Court Act 1981" wherever they occur there is substituted

(1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Conveyancing counsel 48 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 49 F439. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F439 Sch. 10 para. 49 repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146,

148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

Representation of the People Act 1983 (c. 2)

Election Court Commissioner 50 (1) 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" ”.

(2) In subsection (2) of that section— (a) for the word “barrister" there shall be substituted “ person" ”; (b) F440. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) for paragraph (b)(ii) there shall be substituted—

“(ii) in which he practises.”

(3) In subsection (3)(a) for the word “barristers" there shall be substituted “ qualified persons" ”.

116 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F440 Sch. 10 para. 50(2)(b) repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss.

146, 148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

Mental Health Act 1983 (c. 20)

51 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)

F44152

VAT Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F441 Sch. 10 para. 52 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15

Medical Act 1983 (c. 54)

Legal Assessor to Committees 53 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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 10 years’ standing.”

Pastoral Measure 1983 (No. 1)

Appeal Tribunal 54 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

117Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

Merchant Shipping Act 1984 (c. 5)

Arbitrator F44255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F442 Sch. 10 para. 55 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch.

14 para. 1)

Dentists Act 1984 (c. 24)

Assessor to committees 56 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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 10 years’ standing.”

County Courts Act 1984 (c. 28)

District judges 57 F443. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F443 Sch. 10 para. 57 repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146,

148, Sch. 23 Pt. 2; S.I. 2008/2926, art. 5(j) (with arts. 3, 4)

Data Protection Act 1984 (c. 35) F44458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F444 Sch. 10 para. 58 repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I. 2000/183, art. 2

118 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

Umpire hearing appeals from Reinstatement Committee 59 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 “unless—

(a) he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) he is an advocate or solicitor in Scotland of at least 10 years’ standing; or

(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.”

Prosecution of Offences Act 1985 (c. 23)

Director of Public Prosecutions 60 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 61 (1) In section 1(3) of that Act (Crown Prosecutors) for the words “who is a barrister

or solicitor" there shall be substituted “ who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

(2) In section 5(1) of that Act (conduct of prosecutions by barristers or solicitors) for the words from “who is" to “authority" there shall be substituted “ who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

Interception of Communications Act 1985 (c. 56) F44562 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F445 Sch. 10 para. 62 repealed (2.10.2000) by 2000 c. 23, s. 82, Sch. 5 (with ss. 82(3)-(6)); S.I. 2000/2543,

art. 3 (with arts. 5, 6)

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

119Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

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 64 F446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F446 Sch. 10 para. 64 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(qq) (with art. 9)

Transport Act 1985 (c. 67)

Transport Tribunal 65 For paragraph 2(2) of Schedule 4 to the Transport Act 1985 (president and chairman

of Transport Tribunal) there shall be substituted—

“(2) The president of the tribunal shall be— (a) a person who has a 10 year general qualification, within the

meaning of section 71 of the Courts and Legal Services Act 1990; or

(b) an advocate or solicitor in Scotland of at least 10 years’ standing.

(2A) Each chairman shall be— (a) a person who has a 7 year general qualification, within the

meaning of that section; or (b) an advocate or solicitor in Scotland of at least 7 years’ standing.”

Animals (Scientific Procedures) Act 1986 (c. 14) 66 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—

“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 7 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 7 years’ standing,”.

Insolvency Act 1986 (c. 45)

Insolvency Practitioners Tribunal F44767 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F447 Sch. 10 para. 67 omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para.

22(7); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

Building Societies Act 1986 (c. 53) 68 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—

“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 7 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 7 years’ standing;”.

Banking Act 1987 (c. 22) 69 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—

“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 7 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 7 years’ standing”.

Coroners Act 1988 (c. 13)

Coroner 70 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 “unless— (a) he has a 5 year general qualification, within the meaning of

section 71 of the Courts and Legal Services Act 1990; or (b) he is a”.

Criminal Justice Act 1988 (c. 33)

Criminal Injuries Compensation Board 71 (1) 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 “if—

(a) he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) he is an advocate or solicitor in Scotland; or

121Courts and Legal Services Act 1990 (c. 41) SCHEDULE 10 – Judicial and other Appointments Document Generated: 2020-04-27

(2) For paragraphs 2(8)(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—

“(a) in the case of a member who qualifies for appointment under sub- paragraph (2)(a) or (c), with the consent of the Lord Chancellor; and

(b) in the case of a member who qualifies for appointment under sub- paragraph (2)(b) or (d), with the consent of the Lord President of the Court of Session.”

Assessor of compensation for miscarriages of justice 72 (1) 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— “(a) a person who has a 7 year general qualification, within the meaning

of section 71 of the Courts and Legal Services Act 1990; (b) an advocate or solicitor in Scotland; (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 7 years’ standing;”.

(2) For paragraph 6(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—

“(a) in the case of a person who qualifies for appointment under paragraph 1(a) or (c), or paragraph 1(d) by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and

(b) in the case of a person who qualifies for appointment under paragraph 1(b), or paragraph 1(d) by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session.”

Copyright, Designs and Patents Act 1988 (c. 48)

Copyright Tribunal 73 In section 145(3) of the Copyright, Designs and Patents Act 1988 (chairman of

(a) he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) he is an advocate or solicitor in Scotland of at least 7 years’ standing; (c) he is a member of the Bar of Northern Ireland or solicitor of the

Supreme Court of Northern Ireland of at least 7 years’ standing; or (d) he has held judicial office.”

Security Service Act 1989 (c. 5) F44874 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 11 – Judges etc Barred from Legal Practice

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F448 Sch. 10 para. 74 repealed (2.10.2000) by 2000 c. 23, s. 82, Sch. 5 (with s. 82(3)); S.I. 2000/2543, art.

3 (with arts. 5, 6)

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—

“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least 10 years’ standing.”

SCHEDULE 11 Section 75.

JUDGES ETC BARRED FROM LEGAL PRACTICE

The following are the offices for the purposes of section 75— [F449Judge 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 [F450Insolvency and Companies Court Judge] Taxing Master of the [F451Senior Courts] Registrar of Civil Appeals [F452Senior 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 F453. . . Judge Advocate General [F454 District Judge (Magistrates’ Courts)]

123Courts and Legal Services Act 1990 (c. 41) SCHEDULE 11 – Judges etc Barred from Legal Practice Document Generated: 2020-04-27

Social Security Commissioner F455. . . [F456President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals] [F457President of the Employment Tribunals (England and Wales) or member of a panel of [F458Employment Judges] established by regulations under section 1(1) of the M63Employment Tribunals Act 1996 for employment tribunals for England and Wales] F459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F461. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F461. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F462Member of the Charity Commission appointed as provided in Schedule 1 to the Charities Act 2011. ] [F463Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ] . [F464Member of a Pensions Appeal Tribunal] F465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F467Judge or other member of the First-tier Tribunal—

(a) appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or

(b) 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— (a) appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and

Enforcement Act 2007, or (b) 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]

Textual Amendments F449 Sch. 11: entry substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17

para. 24; S.I. 2009/1604, art. 2(e) F450 Words in Sch. 11 substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy

of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 8(b) F451 Sch. 11: words in entry substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148,

Sch. 11 para. 4; S.I. 2009/1604, art. 2(f) F452 Sch. 11: references substituted (1.10.2007) for reference to Master of the Court of Protection by Mental

Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch. 6 para. 35(2) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F453 Words in Sch. 11 repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 2 para. 9, Sch. 7 Pt. 3; S.I. 2001/3234, art. 2

F454 Entry in Sch. 11 substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 37 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a) (with art. 4)

124 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 12 – Widowers’ Pensions: Transitional Provisions

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F455 Words in entry beginning "Social Security Commissioner" in Sch. 11 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6, SIF 113:1), ss. 3, 7(2), Sch. 1 (with Sch. 3) (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118)

F456 Sch. 11: entry relating to "President of Social Security Appeal Tribunals" substituted (3.2.1991) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 4(2), Sch. 2 para. 22; S.I. 1991/2617, art. 2(d)

F457 Sch. 11: entry substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 6; S.I. 1998/1658, art. 2(1), Sch. 1 F458 Words in Sch. 11 substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para.

13(1); S.I. 2013/2200, art. 3(g) F459 Sch. 11 entry omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration

Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 8 (with Sch. 4) F460 Sch. 11: entry omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and

Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), arts. 1, 5(1)(2), Sch. 1 para. 214 (with Sch. 5) F461 Sch. 11: entries omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and

Customs Appeals Order 2009 (S.I. 2009/56), arts. 1(2), 3, Sch. 1 para. 168 F462 Words in Sch. 11 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 55 (with

s. 20(2), Sch. 8) F463 Words in Sch. 11 substituted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21

para. 30 (with s. 180); S.I. 2013/1869, art. 2(o)(xiv) F464 Entry in Sch. 11 inserted (9.4.2001) by 2000 c. 19, s. 60(5) (with s. 83(6)); S.I. 2000/2994, art. 2(6) F465 Sch. 11 entry omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I.

2010/22), art. 1(1), Sch. 2 para. 10 (with Sch. 5) F466 Sch. 11: entry omitted (1.9.2009) by virtue of The Transfer of Functions of the Charity Tribunal Order

2009 (S.I. 2009/1834), arts. 1, 4(1), Sch. 1 para. 3 (with transitional and saving provisions in Sch. 4) F467 Sch. 11: entries inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1),

148, {Sch. 8 par. 16}; S.I. 2008/2696, art. 5(c)(i) (with arts. 3, 4)

Marginal Citations M63 1996 c. 17.

SCHEDULE 12 Section 79(2).

WIDOWERS’ PENSIONS: TRANSITIONAL PROVISIONS

Commencement Information I64 Sch. 12 wholly in force; Sch. 12 not in force at Royal Assent see s. 124; in force at 1.1.1992 see s. 124(3)

and S.I. 1991/2730, art. 2,Sch.

The following are the provisions which are inserted in the 1981 Act as Part IV of Schedule 2—

“PART IV

WIDOWERS’ PENSIONS

General In this Part of this Schedule—24

125Courts and Legal Services Act 1990 (c. 41) SCHEDULE 12 – Widowers’ Pensions: Transitional Provisions Document Generated: 2020-04-27

“the commencement date” means the date on which Schedule 12 to the Courts and Legal Services Act 1990 came into force;

“the publication date” means the date of publication, by order of the House of Lords, of the Bill for the Courts and Legal Services Act 1990, that is to say 7th December 1989; and

“member” means a female person who holds judicial office and to or in respect of whom benefits are payable under this Act, or the Sheriffs’ Pensions (Scotland) Act 1961, on her retirement.

Service wholly before the commencement date 25 Subject to paragraph 26, no widower’s pension shall be payable in respect of a

member who retires on or before the commencement date.

Members retiring between publication and commencement date 26 (1) A member who retires—

(a) on or after the publication date; but (b) before the commencement date,

may, before the end of the period of six months beginning with the commencement date, opt for her husband to be entitled to a widower’s pension on her death.

(2) Regulations may make provision as to— (a) the manner and form in which an option under this paragraph is to be

exercised; (b) the payment, by any member exercising such an option, of a contribution

towards the cost of liability for the widower’s pension; and (c) the annual value of a widower’s pension granted as a result of the exercise

of the option given by this paragraph.

Service partly before and partly after the commencement date 27 (1) No widower’s pension shall be payable in respect of a member who—

(a) holds judicial office on or before the commencement date; and (b) continues to do so after that date,

unless, before the end of the period of six months beginning with that date, she opts for her husband to be entitled to a widower’s pension on her death.

(2) A member exercising such an option shall specify whether the annual value of the widower’s pension is to be calculated—

(a) under sub-paragraph (3); or (b) on the assumption that all her relevant service fell after the commencement

date.

(3) Where the annual value of a widower’s pension falls to be calculated under this sub-paragraph its value shall be determined by applying the formula—

126 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 13 – Transfer of Accrued Benefits

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

where— WP1 is the annual value of the widower’s pension, WP2 is the annual value of the widower’s pension that would be payable on the assumption mentioned in sub-paragraph (2)(b), RS1 is the length of the member’s relevant service after the commencement date, and RS2 is the whole of her relevant service.

(4) No period of service during which an election under section 14A is in force in respect of the member concerned shall be taken into account for the purposes of any calculation under sub-paragraph (3).

(5) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service before the commencement date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service before that date adds to the amount of the personal pension.

Pension not wholly attributable to service after 17 April 1973 28 (1) This paragraph applies to a member who, apart from this paragraph, would be a

person to whom paragraph 15 or 16 of Part II of this Schedule applies.

(2) Where such a member has exercised an option under paragraph 26 or 27, this paragraph shall apply in respect of her, and paragraph 15 or, as the case may be, paragraph 16 shall cease to apply.

(3) For the purposes of calculating the annual value of— (a) the widower’s pension payable in respect of such a member; and (b) any children’s pension so payable,

the member shall be treated as if none of her relevant service fell before 18 April 1973.”

PROSPECTIVE

SCHEDULE 13 Section 81.

TRANSFER OF ACCRUED BENEFITS

The following are the provisions which are inserted in the M64Judicial Pensions Act 1981, as Schedule 1A—

127Courts and Legal Services Act 1990 (c. 41) Schedule 1A – Transfer of Accrued Benefits Document Generated: 2020-04-27

“SCHEDULE 1A

TRANSFER OF ACCRUED BENEFITS

PART I

GENERAL

Interpretation

[1F468(1)] In this Schedule—

[F469“authorised insurer" means— (i) a person who has permission under Part 4 of the Financial Services and Markets

Act 2000 to effect or carry out contracts of long-term insurance, or (ii) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that

Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;]

“disregarded service”, in relation to any member of a scheme, means any period of service in judicial office during which an election under section 14A(9) above is in force in respect of the qualifying member;

“normal pension age” means the earliest age at which, if his service had continued until retirement at that age, a member of a scheme might have been entitled to receive a pension under the scheme;

“prescribed” means prescribed by regulations; “protected rights” has the same meaning as in the Social Security Pensions

Act 1975 and, in relation to Northern Ireland, the Social Security Pensions (Northern Ireland) Order 1975;

“qualifying member” means a person to whom Part II of this Schedule applies;

“qualifying service” means the service, or relevant service, by reference to which a qualifying member’s entitlement to benefit under the scheme is calculated; and

“scheme” means the relevant occupational pension scheme constituted by this Act or the Sheriffs’ Pensions (Scotland) Act 1961.

[F470(2) The definition of “authorised insurer" in sub-paragraph (1) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; (c) Schedule 2 to that Act.]

Regulations Regulations for the purposes of this Schedule—

(a) may be made, with the concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, the Secretary of State;

(b) shall be made by statutory instrument; (c) shall be subject to annulment in pursuance of a resolution of either House of

Parliament;

128 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 13 – Transfer of Accrued Benefits

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(d) may make different provision for different cases; and (e) may make provision for consequential, transitional and incidental matters.

Other provisions about transfer values 3 Part II of Schedule 1A to the Social Security Pensions Act 1975 (transfer values)

and Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975 (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.

PART II

TRANSFERS OUT

Qualifying members 4 (1) Where the conditions mentioned in sub-paragraph (2) are satisfied, this Part of this

Schedule applies to any person— (a) to or in respect of whom benefits are payable under a scheme; and (b) whose qualifying service ends after this Schedule comes into force.

(2) The conditions are that— (a) his qualifying service ends at least one year before he reaches normal pension

age; and (b) on the date on which it ends—

(i) he has accrued rights to benefit under the scheme; or (ii) he would have such rights if his service in judicial office had also

ended on that date.

Qualifying member’s right to a transfer payment 5 (1) When his qualifying service ends, a qualifying member acquires a right to the cash

equivalent at the relevant date of any benefits— (a) which have accrued to, or in respect of him, under the scheme; or (b) where service of his in judicial office is disregarded service, which would

have so accrued if his service in judicial office had ended on the same date as that on which his qualifying service ended.

(2) In this paragraph “the relevant date” means— (a) the date when the qualifying member’s qualifying service ends; or (b) the date of any application which he has made under paragraph 6 and which

has not been withdrawn, whichever is the later.

Method of taking cash benefit 6 (1) A qualifying member who acquires a right to a cash equivalent under paragraph 5 may

only take it by exercising the option conferred by this paragraph.

(2) The option is that of requiring the Treasury to use the cash equivalent in whichever of the following ways the qualifying member chooses—

129Courts and Legal Services Act 1990 (c. 41) SCHEDULE 13 – Transfer of Accrued Benefits Document Generated: 2020-04-27

(a) for acquiring transfer credits allowed under the rules of another occupational pension scheme—

(i) whose trustees or managers are able and willing to accept him; and (ii) which satisfies prescribed requirements;

(b) for acquiring rights allowed under the rules of a personal pension scheme— (i) whose trustees or managers are able and willing to accept him; and

(ii) which satisfies prescribed requirements; (c) for purchasing from one or more authorised [F471insurers]—

(i) chosen by the qualifying member; and (ii) willing to accept payment on his account from the Treasury,

one or more annuities which satisfy prescribed requirements; (d) for subscribing to other pension arrangements which satisfy prescribed

requirements.

(3) Without prejudice to the generality of the power to prescribe requirements under sub- paragraph (2), such requirements may provide that pension arrangements or a scheme or annuity must satisfy such requirements of the Inland Revenue as may be prescribed.

(4) A qualifying member may exercise his option in different ways in relation to different portions of his cash equivalent.

(5) A qualifying member who exercises his option must do so in relation to the whole of his cash equivalent or, where sub-paragraph (6) applies, in relation to the whole of the reduced cash equivalent.

(6) Where— (a) the trustees or managers of—

(i) an occupational pension scheme which is not a contracted-out scheme, or

(ii) a personal pension scheme which is not an appropriate scheme under section 2 of the Social Security Act 1986, Article 4 of the Social Security (Northern Ireland) Order 1986 or under any prescribed provision, or

(iii) a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985, regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1985, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 or any other prescribed provision,

are able or willing to accept a transfer payment only in respect of a qualifying member’s rights other than his accrued rights to a guaranteed minimum pension or his protected rights; and

(b) the member has not required the Treasury to use the portion of his cash equivalent which represents a guaranteed minimum pension or protected rights in any of the ways specified in sub-paragraph (2),

paragraph 5, this paragraph and paragraph 7 are to be read as conferring on the member an option only in respect of the reduced cash equivalent.

130 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 13 – Transfer of Accrued Benefits

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(7) In this paragraph “reduced cash equivalent” means a sum equal to the balance of the cash equivalent to which the qualifying member would be entitled if sub-paragraph (6) did not apply, after deduction of an amount sufficient for the Treasury to meet its liability in respect of the member’s guaranteed minimum pension or protected rights or those of his widow, or her widower.

Calculation of cash equivalents 7 (1) Cash equivalents are to be calculated and verified in the prescribed manner.

(2) Regulations made under sub-paragraph (1) may, in particular, provide— (a) that in calculating cash equivalents account shall be taken—

(i) of any surrender or forfeiture of the whole or part of a qualifying member’s pension which occurs before the Treasury does what is needed to comply with the choice made by him in exercising his option;

(ii) in a case where paragraph 6(6) applies, of the need to deduct an appropriate amount to provide a guaranteed minimum pension or give effect to protected rights; and

(b) that in prescribed circumstances a qualifying member’s cash equivalent shall be increased or reduced.

(3) Without prejudice to the generality of sub-paragraph (2), the circumstances that may be specified by virtue of paragraph (b) of that sub-paragraph include the length of time which elapses between the termination of a qualifying member’s qualifying service and his exercise of the option conferred by paragraph 6.

Time within which option must be exercised 8 (1) A qualifying member may only exercise his option on or before the last option date.

(2) The last option date is— (a) the date which falls one year before the date on which the qualifying member

reaches normal pension age; or (b) the end of the period of six months beginning with the date on which his

qualifying service ends, whichever is the later.

(3) A qualifying member loses the right to any cash equivalent under this Schedule if— (a) his pension becomes payable before he reaches normal pension age; or (b) he fails to exercise his option on or before the last option date.

Option to be exercised in writing 9 (1) A qualifying member may only exercise his option by making an application in writing

to the Treasury.

(2) In any case where— (a) a qualifying member has exercised his option; and (b) the Treasury has done what is needed to comply with the choice made by him

in exercising his option,

131Courts and Legal Services Act 1990 (c. 41) SCHEDULE 13 – Transfer of Accrued Benefits Document Generated: 2020-04-27

the Treasury shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any such cases as are mentioned in paragraph 6(6), to the extent that an obligation to provide guaranteed minimum pensions or give effect to protected rights continues to subsist.

(3) If the Treasury receives an application under this paragraph, it shall be its duty, subject to the following provisions of this paragraph, to do what is needed to comply with the choice made by the qualifying member in exercising his option—

(a) within twelve months of the date on which it receives his application; or (b) by the date on which he attains normal pension age,

whichever is the earlier.

Cancellation of exercise of option 10 (1) A qualifying member may cancel the exercise of his option by giving the Treasury

notice in writing that he no longer wishes it to be exercised.

(2) No such notice shall have effect if it is given to the Treasury at a time when, in order to comply with the choice made by the qualifying member in exercising his option, the Treasury has entered into an agreement with a third party to use the whole or part of his cash equivalent in a way specified in paragraph 6(2)(a), (b), (c) or (d).

(3) A qualifying member who withdraws an application may make another.

PART III

TRANSFERS IN

Application to accept payment into scheme 11 (1) Where a member of a scheme has asked the appropriate Minister to accept a payment

representing the cash equivalent of his accrued rights in any other qualifying scheme, that Minister may—

(a) to the extent to which it does not exceed the prescribed limit, accept the payment or any part of it; or

(b) refuse to accept the payment or any part of it.

(2) A request under sub-paragraph (1) must be made— (a) in writing; (b) before the person making it has reached normal pension age; and (c) not less than one year before he becomes entitled to a pension on retirement

from his qualifying service.

(3) In this paragraph— “the prescribed limit” means the limit prescribed by regulations made by

virtue of paragraph 13(a); “qualifying scheme” means—

(a) an occupational pension scheme, a personal pension scheme, or an annuity purchased from an authorised [F472insurer], which satisfies prescribed requirements; or

(b) other prescribed pension arrangements; and

132 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 13 – Transfer of Accrued Benefits

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

“the appropriate Minister” means the Lord Chancellor, or, in relation to a member serving in an office existing only in Scotland, the Secretary of State.

Cancellation of request 12 (1) A member may, by notice in writing given to the appropriate Minister, cancel a request

made by him under paragraph 11, at any time before it has been accepted.

(2) A transferring member who withdraws an application may make another.

Regulations 13 Regulations may—

(a) prescribe limits on the amounts which the appropriate Minister may accept under paragraph 11(1) above;

(b) make provision as to the manner in which payments are to be accepted into a scheme under this Part of this Schedule;

(c) make provision as to the benefits which are to be provided to a member to reflect any such payment accepted with respect to him;

(d) prescribe formulae, based on tables of factors provided by the Government Actuary, to be used when performing any calculation relating to the acceptance of transfer payments or the provision of benefits.”

Textual Amendments F468 Sch. 13: Para. 1 of inserted Sch. 1A renumbered para. 1(1) (1.12.2001) by S.I. 2001/3649, arts. 1,

326(2) F469 Sch. 13: Definition of “authorised insurer" substituted for definition of “authorised insurance company"

in para. 1(1) of inserted Sch. 1A (1.12.2001) by S.I. 2001/3649, arts. 1, 326(3) F470 Sch. 13: Para. 1(2) inserted (1.12.2001) into inserted Sch. 1A by S.I. 2001/3649, arts. 1, 326(4) F471 Sch. 13: Word in para. 6(2)(c) of inserted Sch. 1A substituted (1.12.2001) by S.I. 2001/3649, arts. 1,

326(5) F472 Sch. 13: Word in definition of “qualifying scheme" in para. 11(3)(a) of inserted Sch. 1A substituted

(1.12.2001) by S.I. 2001/3649, arts. 1, 326(6)

Marginal Citations M64 1981 c. 20.

133

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies Document Generated: 2020-04-27

SCHEDULE 14

FOREIGN LAWYERS: PARTNERSHIPS AND RECOGNISED BODIES

PART I

REGISTRATION

General In this Schedule—

“the Act of 1974” means the Solicitors Act 1974; F473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “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.

Textual Amendments F473 Sch. 14 para. 1: definitions of "the Council" and "controlled trust" repealed (31.3.2009) by Legal Services

Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 127, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)(f)(vi)(dd)

Commencement Information I65 Sch. 14 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Application for registration (1) An application for registration or for renewal of registration—

(a) shall be made to the Society in such form as the [F474Society] may prescribe; and

(b) shall be accompanied by such fee as the [F474Society] may, with the concurrence of [F475the Legal Services Board] , prescribe.

(2) Where such an application is duly made by a foreign lawyer, the [F476Society] 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[F477 for members of that profession to be managers of recognised bodies.]

(3) F478. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F474Society] may make regulations, with the concurrence of the [F479Legal Services Board] , with respect to—

(a) the keeping of the register (including [F480the form of the register and] the manner in which entries are to be made, altered or removed); and

134 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(b) applications for registration or renewal of registration.[F481 and (c) 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).]

(5) F482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F474 Words in Sch. 14 para. 2 substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch.

16 para. 128(a) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(f)(j)(iii) F475 Words in Sch. 14 para. 2(1)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 128(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9) F476 Word in Sch. 14 para. 2(2) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch.

16 para. 128(c)(i) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(f)(j)(iii) F477 Words in Sch. 14 para. 2(2) substituted (30.6.2008) for Sch. 14 para. 2(2)(a)(b) by Legal Services Act

2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(c)(ii) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

F478 Sch. 14 para. 2(3) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 128(d), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)(c)(ii) (with art. 4)

F479 Words in Sch. 14 para. 2(4) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(e)(i) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9)

F480 Words in Sch. 14 para. 2(4)(a) inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(e)(ii) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)

F481 Sch. 14 para. 2(4)(c) and preceding word inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(f) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)

F482 Sch. 14 para. 2(5) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 128(g), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)(c)(ii) (with art. 4)

Modifications etc. (not altering text) C21 Sch. 14 para. 2(1)(a) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as

amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i)) C22 Sch. 14 para. 2(1)(b) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(1) (as

amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i)) C23 Sch. 14 para. 2(3) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended

(1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i)) C24 Sch. 14 para. 2(4) extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37(3), Sch. 4 para. 1(4) (as

amended (1.7.2009) by S.I. 2009/1587, art. 3(5); S.I. 2009/1365, art. 2(a)(i)) C25 Sch. 14 para. 2(5) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended

(1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

Commencement Information I66 Sch. 14 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

[F4832A(1) 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.

(2) A direction under sub-paragraph (1) may be given in respect of a foreign lawyer (a) at the time he is first registered, or (b) at any time when the registration has effect.]

135

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies Document Generated: 2020-04-27

Textual Amendments F483 Sch. 14 para. 2A inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 129

(with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)

Duration of registration (1) Every registration shall have effect from the beginning of the day on which it is

entered in the register.

(2) The [F484Society] may make regulations— (a) prescribing the date (“the renewal date") by which each registered foreign

lawyer must apply for his registration to be renewed; and (b) requiring every entry in the register to specify the renewal date applicable

to that registration.

(3) Any such regulations may— (a) provide different renewal dates for different categories of registered foreign

lawyer or different circumstances; (b) provide for the Society to specify, in the case of individual registered foreign

lawyers, different renewal dates to those prescribed by the regulations; (c) make such transitional, incidental and supplemental provision in connection

with any provision for different renewal dates as the [F484Society] considers expedient.

(4) Where a foreign lawyer is registered, the Society may cancel his registration if— (a) the renewal date for his registration has passed but he has not applied for it

to be renewed; or (b) he has applied to the Society for it to be cancelled.

Textual Amendments F484 Words in Sch. 14 para. 3(2)(3)(c) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 130 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(f)(j)(iii)

Modifications etc. (not altering text) C26 Sch. 14 para. 3(2) extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37(3), Sch. 4 para. 1(4) (as

amended (1.7.2009) by S.I. 2009/1587, art. 3(5); S.I. 2009/1365, art. 2(a)(i)) C27 Sch. 14 para. 3(4) extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37(3), Sch. 4 para. 5(2) (as

amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

Commencement Information I67 Sch. 14 para. 3 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Evidence as to registration Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer—

(a) is, or is not, registered; or (b) was registered during a period specified in the certificate,

136

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.

Commencement Information I68 Sch. 14 para. 4 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

PART II

REGISTERED FOREIGN LAWYERS:SUPPLEMENTARY PROVISIONS

Intervention in practices (1) In this paragraph “the intervention powers” means the powers conferred by Part II

of Schedule 1 to the Act of 1974 (intervention in solicitors’ practices) as modified by this Schedule or under section 89.

(2) 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.

(3) The intervention powers are only exercisable where— (a) the [F485Society 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—

(i) the practice of that partnership; or (ii) any trust of which the registered foreign lawyer is or was a trustee

F486. . . ; (b) in the case of a registered foreign lawyer who has died, the [F485Society has]

reason to suspect dishonesty on the part of his personal representative, in connection with—

(i) the practice of the multi-national partnership; or (ii) any trust of which the registered foreign lawyer was a trustee F486. . . ;

[F487(ba) the Society has reason to suspect dishonesty on the part of the registered foreign lawyer (“L”) in connection with—

(i) 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

(ii) any business which is or was carried on by L as a sole trader;] (c) the [F488Society 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; (d) 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; (e) he has been committed to prison in any civil or criminal proceedings;

[F489(ea) the Society is satisfied that he has abandoned his practice;] [F490(f) he lacks capacity (within the meaning of the Mental Capacity Act 2005) to

act as a registered foreign lawyer and powers under sections 15 to 20 or section 48 are exercisable in relation to him;]

137Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies Document Generated: 2020-04-27

(g) his name has been struck off the register or his registration has been suspended or cancelled;

(h) he has purported to act as a member of a multi-national partnership at a time when he was not registered;

(i) the [F491Society is] satisfied that he has failed to comply with any condition, subject to which he is registered, to the effect that—

(i) he may only be a member of a partnership which is approved by the Society; or

(ii) he may only be [F492a manager] of a recognised body which is so approved; or

(iii) he may only be such a member or such [F492a manager]. [F493(j) 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— (i) the interests of clients (or former or potential clients) of the

registered foreign lawyer or the multi-national partnership, or (ii) the interests of the beneficiaries of any trust of which the registered

foreign lawyer is or was a trustee.]

(4) F494. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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—

(a) [F495the Society is satisfied] that there has been undue delay on the part of a registered foreign lawyer in connection with—

(i) 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

(ii) any [F496trust] ; (b) 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; (c) the registered foreign lawyer fails within that period to give an explanation

which the [F497Society regards] as satisfactory; and (d) the Society gives notice of the failure to the registered foreign lawyer and

notice that the intervention powers are accordingly exercisable.

(6) Where the intervention powers are exercisable in relation to a registered foreign lawyer, they shall continue to be exercisable—

(a) at any time when his registration is suspended; (b) after his name has been struck off the register or his registration has been

cancelled; or (c) after his death.

(7) 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—

(a) any express modifications made under section 89; and (b) any modifications necessary in the light of this paragraph.

(8) 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.

138 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(9) The notices required to be given by this paragraph must be in writing but need not be given at the same time.

[F498(10) 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).]

Textual Amendments F485 Words in Sch. 14 para. 5(3)(a)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177,

211, Sch. 16 para. 131(a)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F486 Words in Sch. 14 para. 5(3)(a)(b) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210,

211, Sch. 16 para. 131(a)(ii), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)(f)(vi)(dd) F487 Sch. 14 para. 5(3)(ba) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16

para. 131(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F488 Words in Sch. 14 para. 5(3)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 131(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F489 Sch. 14 para. 5(3)(ea) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16

para. 131(d) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F490 Sch. 14 para. 5(3)(f) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch.

6 para. 35(3) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) F491 Words in Sch. 14 para. 5(3)(i) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 131(e)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F492 Words in Sch. 14 para. 5(3)(i) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 131(e)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F493 Sch. 14 para. 5(3)(j) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para.

131(f) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F494 Sch. 14 para. 5(4) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16

para. 131(g), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)(f)(vi)(dd) F495 Words in Sch. 14 para. 5(5)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 131(h) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F496 Word in Sch. 14 para. 5(5)(a)(ii) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177,

211, Sch. 16 para. 131(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F497 Words in Sch. 14 para. 5(5)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 131(j) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F498 Sch. 14 para. 5(10) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para.

131(k) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)

Commencement Information I69 Sch. 14 para. 5 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Compensation Fund

[F4996 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—

“(a)

an act or omission of a registered foreign lawyer or former registered foreign lawyer;

(b) an act or omission of an employee or former employee of a registered foreign lawyer or former registered foreign lawyer;”.]

139Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies Document Generated: 2020-04-27

Textual Amendments F499 Sch. 14 para. 6 substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para.

132 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) (subject to art. 5)

Commencement Information I70 Sch. 14 para. 6 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Contributions to the Fund

[F5007 Section 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.]

Textual Amendments F500 Sch. 14 para. 7 substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para.

133 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)

Commencement Information I71 Sch. 14 para. 7 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Accountants’ reports

[F5018 Section 34 of the Act of 1974 applies in relation to registered foreign lawyers as it applies in relation to solicitors.]

Textual Amendments F501 Sch. 14 para. 8 substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para.

134 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)

Modifications etc. (not altering text) C28 Sch. 14 para. 8 extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37, Sch. 4 para. 5(2) (as amended

(1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

Commencement Information I72 Sch. 14 para. 8 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Certification for purposes of investment business F5029 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F502 Sch. 14 para. 9 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 327

140 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Effect of bankruptcy 10 (1) The registration of any foreign lawyer against whom a bankruptcy order is made

shall be suspended on the making of that order.

(2) 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.

(3) 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.

Commencement Information I73 Sch. 14 para. 10 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Effect of disciplinary action 11 (1) Where a registered foreign lawyer is struck off, or suspended from practice, his

registration shall be suspended.

(2) In sub-paragraph (1) “struck off” and “suspended from practice” mean— (a) any action taken within the jurisdiction by reference to which the registered

foreign lawyer is qualified to be registered; or (b) 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,

which is the equivalent, respectively, of a solicitor being struck off the roll or suspended from practice under the Act of 1974.

Commencement Information I74 Sch. 14 para. 11 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Re-instatement of disciplined foreign lawyer 12 (1) Where a person’s registration has been suspended by virtue of paragraph 11, it shall

be revived— (a) if his right to practise in the jurisdiction in question is restored; and (b) 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.

(2) 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.

Commencement Information I75 Sch. 14 para. 12 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

141

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies Document Generated: 2020-04-27

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.

Commencement Information I76 Sch. 14 para. 13 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Appeal against conditions or refusals 14 (1) Any foreign lawyer may appeal to the [F503High Court] against—

(a) the refusal of the Society to register him or to renew his registration; (b) the refusal of the Society to terminate the suspension of his registration on

an application made by him under paragraph 12; (c) 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; F504. . .

(d) any condition imposed by the Society under paragraph [F5052A], 12(2) or 13 [F506; or—

(e) a decision of the Society to remove his name from the register.]

(2) F507. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) On an appeal F508. . . under this paragraph, the [F509High Court] may make such order as [F510it] thinks fit.

[F511(4) In relation to an appeal under this paragraph the High Court may make such order as it thinks fit as to payment of costs.

(5) The decision of the High Court on an appeal under this paragraph shall be final.]

Textual Amendments F503 Words in Sch. 14 para. 14(1) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 135(a)(i) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4) F504 Word in Sch. 14 para. 14(1)(c) omitted (1.7.2009) by virtue of The Registered Foreign Lawyers Order

2009 (S.I. 2009/1589), arts. 1(1), 7(a); S.I. 2009/1365, art. 2(a)(i) F505 Words in Sch. 14 para. 14(1) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 135(a)(ii) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4) F506 Sch. 14 para. 14(1)(e) and word added (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I.

2009/1589), arts. 1(1), 7(b); S.I. 2009/1365, art. 2(a)(i) F507 Sch. 14 para. 14(2) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16

para. 135(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii)(c)(ii) (subject to art. 4) F508 Words in Sch. 14 para. 14(3) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211,

Sch. 16 para. 135(c)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii)(c)(ii) (subject to art. 4)

F509 Words in Sch. 14 para. 14(3) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 135(c)(ii) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4)

142 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F510 Word in Sch. 14 para. 14(3) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 135(c)(iii) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4)

F511 Sch. 14 para. 14(4)(5) inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 135(d) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4)

Modifications etc. (not altering text) C29 Sch. 14 para. 14(1)(a)(c)(2)(3) extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37, Sch. 4 para. 5(3)

(as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

Commencement Information I77 Sch. 14 para. 14 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Jurisdiction and powers of Disciplinary Tribunal 15 (1) 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.

(2) Any application— (a) to strike the name of a foreign lawyer off the register; (b) to require a registered foreign lawyer to answer allegations in an affidavit; (c) to suspend the registration of a foreign lawyer for a specified or indefinite

period; (d) 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; (e) by a foreign lawyer whose registration has been suspended for an indefinite

period by order of the Tribunal for the termination of that suspension, shall be made to the Tribunal.

(3) Any person who alleges that a registered foreign lawyer has failed to comply with any rule made under section 31, 32, 34, or 37 of the Act of 1974 may make a complaint to the Tribunal.

[F512(3A) 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.]

(4) 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—

(a) the striking off the register of the name of the foreign lawyer to whom the application or complaint relates;

(b) the suspension of that foreign lawyer’s registration indefinitely or for a specified period;

(d) the termination of that foreign lawyer’s unspecified period of suspension from registration;

143Courts and Legal Services Act 1990 (c. 41) SCHEDULE 14 – Foreign Lawyers: Partnerships and Recognised Bodies Document Generated: 2020-04-27

(e) the restoration to the register of the name of a foreign lawyer which has been struck off the register;

(f) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.

(5) F514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F512 Sch. 14 para. 15(3A) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para.

136(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii) F513 Words in Sch. 14 para. 15(4)(c) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210,

211, Sch. 16 para. 136(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)(f)(vi)(dd) F514 Sch. 14 para. 15(5) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16

para. 136(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)(f)(vi)(dd)

Modifications etc. (not altering text) C30 Sch. 14 para. 15(3A) applied by Administration of Justice Act 1985 (c. 61), Sch. 2 para. 18A(6) (as

inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 107 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii))

Commencement Information I78 Sch. 14 para. 15 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Foreign lawyers assisting the Tribunal 16 (1) 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.

(2) Rules under sub-paragraph (1) shall not be made without the concurrence of the [F515Legal Services Board] .

(3) 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.

Textual Amendments F515 Words in Sch. 14 para. 16(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 137 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9)

Commencement Information I79 Sch. 14 para. 16 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Appeals from Tribunal 17 (1) An Appeal from the Tribunal shall[F516 lie to the High Court].

144 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 15 – Inadequate Professional Services

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(2) The High Court F517. . . shall have power to make such order on an appeal under this paragraph as [F518it] may think fit.

(3) Any decision [F519of 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.

(4) F520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F516 Words in Sch. 14 para. 17(1) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211,

Sch. 16 para. 138(a) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4) F517 Words in Sch. 14 para. 17(2) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211,

Sch. 16 para. 138(b)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii)(c)(ii) (subject to art. 4)

F518 Word in Sch. 14 para. 17(2) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 138(b)(ii) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4)

F519 Words in Sch. 14 para. 17(3) substituted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 138(c) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii) (subject to art. 4)

F520 Sch. 14 para. 17(4) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 138(d), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(ii)(c)(ii) (subject to art. 4)

Commencement Information I80 Sch. 14 para. 17 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

F521 SCHEDULE 15 Section 93(3).

INADEQUATE PROFESSIONAL SERVICES

Textual Amendments F521 Sch. 15 repealed (6.10.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29, 192,

193); S.I. 2010/2089, art. 2(e)(vi)

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

SCHEDULE 16 Section 116.

CHILDREN ACT 1989

PART I

AMENDMENT OF ACT AND OTHER ENACTMENTS AFFECTED

In this Part of this Schedule “the Act of 1989” means the M65Children Act 1989.1

145

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989 Document Generated: 2020-04-27

Commencement Information I81 Sch. 16 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

Marginal Citations M65 1989 c. 41.

The Civil Evidence Act 1968 (c. 64) (1) 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—

““relevant proceedings” means— (a) proceedings on a complaint under section 42 of the National

Assistance Act 1948 or section 26 of the Social Security Act 1986; (b) proceedings under the Children Act 1989; (c) proceedings which would have been relevant proceedings for the

purposes of this section in the form in which it was in force before the passing of the Children Act 1989.”

(2) Paragraph 24 of Schedule 13 to the Act of 1989 shall be omitted.

Commencement Information I82 Sch. 16 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

The Family Law Reform Act 1969 (c. 46) F5223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F522 Sch. 16 para. 3 repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774,

art. 2(d)

The Children and Young Persons Act 1969 (c. 54) F5234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F523 Sch. 16 para. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F5245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

146

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F524 Sch. 16 para. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

The Administration of Justice Act 1970 (c. 31) (1) 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 “—

(a) made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989; or

(b) made under”.

(2) Paragraph 25 of Schedule 13 to the Act of 1989 shall be omitted.

Commencement Information I83 Sch. 16 para. 6 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

The Adoption Act 1976 (c. 36) F5257 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F525 Sch. 16 para. 7 repealed (1.4.2001) by 2000 c. 43, s. 75, Sch. 8; S.I. 2001/919, art. 2(g) Table

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—

“(2A) For the purposes of subsection (2) above and section 22A below a child shall be regarded as being under the charge and control of a person if he stays with that person for a continuous period of more than 24 hours”.

Commencement Information I84 Sch. 16 para. 8 wholly in force at 1.1.1991 see s. 124(3) and S.I 1990/2484, art. 2, Sch.

The Education Act 1981 (c. 60) (1) 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" ”.

(2) That amendment shall be deemed to have been incorporated in section 3A(1) as originally enacted.

147

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989 Document Generated: 2020-04-27

Commencement Information I85 Sch. 16 para. 9 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

The Children Act 1989 (c. 41) 10 (1) 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 M66Family Law Reform Act 1969" ”.

(2) 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—

“(7) Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it.”

Commencement Information I86 Sch. 16 para. 10 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

Marginal Citations M66 1969 c. 46.

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" ”.

Commencement Information I87 Sch. 16 para. 11 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

12 (1) 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" ”.

(2) After subsection (5) of that section there shall be inserted the following subsection—

“(5A) For the purposes of subsection (5) a child shall be regarded as living with a person if he stays with that person for a continuous period of more than 24 hours”.

Commencement Information I88 Sch. 16 para. 12 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

At the end of section 24 of the Act of 1989 (advice and assistance) there shall be added the following subsections—

“(14) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by a person qualifying for advice and assistance about the discharge of their functions under this Part in relation to him.

148

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(15) In carrying out any consideration of representations under subsection (14), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this subsection.”

Commencement Information I89 Sch. 16 para. 13 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

In section 27 of the Act of 1989 (co-operation between authorities)— (a) in subsection (1) the words “or other person” and the words “or person”

shall be omitted; and (b) in subsection (3) for the word “persons” there shall be substituted “

authorities” ”F526. . . .

Textual Amendments F526 Words in Sch. 16 para. 14(b) repealed (1.4.2004) by Health and Social Care (Community Health and

Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 1; S.I. 2004/749, art. 12

Commencement Information I90 Sch. 16 para. 14 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

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" ”.

Commencement Information I91 Sch. 16, para. 15 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

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" ”.

Commencement Information I92 Sch. 16 para. 16 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

F52717 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F527 Sch. 16 para. 17 repealed (1.4.2001) by 2000 c. 43, s. 75, Sch. 8; S.I. 2001/919, art. 2(g) Table

18 (1) Section 42 of the Act of 1989 (right of guardian ad litem to have access to local authority records) shall be amended as follows.

(2) In subsection (1)(a), after the word “authority" there shall be inserted “ or an authorised person" ”.

149

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989 Document Generated: 2020-04-27

(3) At the end of subsection (1) there shall be added—

“; or (c) any records of, or held by, an authorised person which were

compiled in connection with the activities of that person, so far as those records relate to that child.”

(4) The following subsection shall be added at the end—

“(4) In this section “authorised person” has the same meaning as in section 31.”

Commencement Information I93 Sch. 16 para. 18 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

For section 45(10) of the Act of 1989 (appeals against emergency protection orders) there shall be substituted—

“(10) No appeal may be made against— (a) the making of, or refusal to make, an emergency protection order; (b) the extension of, or refusal to extend, the period during which such

an order is to have effect; (c) the discharge of, or refusal to discharge, such an order; or (d) the giving of, or refusal to give, any direction in connection with

such an order.”

Commencement Information I94 Sch. 16 para. 19 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

20 F528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F528 Sch. 16 para. 20 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act

2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 1; S.I. 2004/749, art. 12

21 F529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F529 Sch. 16 para. 21 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 49(2), 51, Sch. 3 (with ss. 44,

50); S.I. 2005/1432, art. 2

In section 93(2) of the Act of 1989 (rules of court)— (a) in paragraph (f) for the words “the United Kingdom" there shall be

substituted “ England and Wales" ”; and (b) in paragraph (g) after the word “is" there shall be inserted “ or resides" ”.

150

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Commencement Information I95 Sch. 16 para. 22 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

F53023 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F530 Sch. 16 para. 23 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210

Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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" ”.

Commencement Information I96 Sch. 16 para. 24 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

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.

Commencement Information I97 Sch. 16 para. 25 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

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—

“(d) the records to be kept by local authorities.”

Commencement Information I98 Sch. 16 para. 26 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

In Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.

Commencement Information I99 Sch. 16 para. 27 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

28 (1) 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.

(2) In paragraph 1(6)(b)(i) of that Schedule, the words “as a voluntary home” shall be omitted.

151

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989 Document Generated: 2020-04-27

Commencement Information I100 Sch. 16 para. 28 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

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" ”.

Commencement Information I101 Sch. 16 para. 29 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

30 (1) Paragraph 2 of Schedule 9 to the Act of 1989 (disqualification from registration as child minder etc. under section 71) shall be amended as follows.

(2) In sub-paragraph (1), there shall be added at the end “unless— (a) he has disclosed the fact to the appropriate local authority; and (b) obtained their written consent.”

(3) In sub-paragraph (2)(g), for “61" there shall be substituted “ 69" ”.

Commencement Information I102 Sch. 16 para. 30 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

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.

Commencement Information I103 Sch. 16 para. 31 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

In Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted.

Commencement Information I104 Sch. 16 para. 32 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

33 (1) Schedule 14 to the Act of 1989 (transitionals and savings) shall be amended as follows.

(2) In paragraph 15 (children in compulsory care) at the end of sub-paragraph (1) there shall be added “; or—

(h) in care by virtue of an order of the court made in the exercise of the High Court’s inherent jurisdiction with respect to children,”.

(3) In paragraph 16 (modifications)— (a) in sub-paragraph (4), for the word “(g)" there shall be substituted “ (h)" ”; and (b) in sub-paragraph (5) for the words from “under" to “1973" there shall be

substituted “—

152

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(a) under section 4(4)(a) of the Guardianship Act 1973; (b) under section 43(5)(a) of the Matrimonial Causes Act 1973;

or (c) in the exercise of the High Court’s inherent jurisdiction with

respect to children,”.

(4) After paragraph 16 there shall be inserted the following paragraph—

“ Cessation of wardship where ward in care 16A Where a child who is a ward of court is in care by virtue of—

(a) an order under section 7(2) of the Family Law Reform Act 1969; or (b) an order made in the exercise of the High Court’s inherent

jurisdiction with respect to children, he shall, on the day on which Part IV commences, cease to be a ward of court.”

(5) In paragraph 22(a) for the word “(g)" there shall be substituted “ (h)" ”.

(6) In paragraph 36(5)(b) for the words “subsection (4)" there shall be substituted “ subsection (6)" ”.

Commencement Information I105 Sch. 16 para. 33 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

PART II

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—

“(iii) section 92 of and Schedule 11 to the Children Act 1989; or (iv) section 93(2)(g) of that Act (including that provision as

applied in relation to Northern Ireland by section 116(3) of the Courts and Legal Services Act 1990)”.

Commencement Information I106 Sch. 16 para. 34 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

In section 16(2)(a) of that Act (application of Part II)— (a) for sub-paragraph (iii) there shall be substituted—

“(iii) Schedule 1 to the Children Act 1989”; and (b) in sub-paragraph (v), for the words “section 47 of the M67Child Care Act

1980" there shall be substituted “ paragraph 23 of Schedule 2 to the M68Children Act 1989" ”.

153

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989 Document Generated: 2020-04-27

Commencement Information I107 Sch. 16 para. 35 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Marginal Citations M67 1980 c. 5. M68 1989 c. 41.

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" ”.

Commencement Information I108 Sch. 16 para. 36 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Administration of Justice Act 1970 (c. 31) 37 (1) 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—

“4 An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.”

(2) Paragraph 12 of that Schedule shall cease to have effect.

Commencement Information I109 Sch. 16 para. 37 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

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— “5 An order for periodical or other payments made or having effect as if

made under Schedule 1 to the Children Act 1989.”

Commencement Information I110 Sch. 16 para. 38 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) 39 F531(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

154

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 16 – Children Act 1989

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F531(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) 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.

Textual Amendments F531 Sch. 16 para. 39(1)(2) repealed (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992

(c. 56, SIF 49:3), s. 2(2), Sch.3; S.I. 1993/618, art. 2.

Commencement Information I111 Sch. 16 para. 39 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

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.

Commencement Information I112 Sch. 16 para. 40 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

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—

“(b) any order which is a Part I order for the purposes of the Family Law Act 1986.”

Commencement Information I113 Sch. 16 para. 41 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

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—

“(a) a child or young person— (i) who is in the care of a local authority by virtue of a care

order within the meaning of the Children Act 1989, or (ii) in respect of whom the rights and powers of a parent are

vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;”.

Commencement Information I114 Sch. 16 para. 42 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

155Courts and Legal Services Act 1990 (c. 41) SCHEDULE 17 – Minor Amendments Document Generated: 2020-04-27

SCHEDULE 17 Section 125(2).

MINOR AMENDMENTS

The Naval Agency and Distribution Act 1864 (c. 24) 1 F532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F532 Sch. 17 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1

Group. 4}

The Land Registration Act 1925 (c. 21) 2 F533. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F533 Sch. 17 para. 2 repealed (13.10.2003) by 2002 c. 9, ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para.

1); S.I. 2003/1725, art. 2

The Administration of Justice Act 1956 (c. 46) 3 F534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F534 Sch. 17 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1

Group. 4}

The Powers of Attorney Act 1971 (c. 27) 4 F535. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F535 Sch. 17 para. 4 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(rr) (with art. 9)

The Attachment of Earnings Act 1971 (c. 32)

PROSPECTIVE

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—

156

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 17 – Minor Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

“(9) The Lord Chancellor may by order make such provision as he considers expedient (including transitional provision) with a view to providing for the payment of amounts deducted under attachment of earnings orders to be made to such officers as may be designated by the order rather than to collecting officers of the court.

(10) Any such order may make such amendments in this Act, in relation to functions exercised by or in relation to collecting officers of the court as he considers expedient in consequence of the provision made by virtue of subsection (9) above.

(11) The power to make such an order shall be exercisable by statutory instrument.

(12) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

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—

“(11) A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge of a county court.”

Commencement Information I115 Sch. 17 para. 6 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

The Juries Act 1974 (c. 23) 7 F536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F536 Sch. 17 para. 7 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 10;

S.I. 2004/829, art. 2(1)(2)(l)(iv) (subject to art. 2(3)-(6))

The Solicitors Act 1974 (c. 47) 8 F537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F537 Sch. 17 para. 8 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(rr) (with art. 9)

9 F538. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

157

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 17 – Minor Amendments Document Generated: 2020-04-27

Textual Amendments F538 Sch. 17 para. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1

Group. 4}

10 F539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F539 Sch. 17 para. 10 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(rr) (with art. 9)

The Magistrates’ Courts Act 1980 (c. 43) F54011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F540 Sch. 17 para. 11 repealed (8.1.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(8) (with Sch. 14 paras. 7(2),

36(9)); S.I. 2000/3280, art. 2(c)

The [F541Senior Courts Act 1981] (c. 54)

Textual Amendments F541 Sch. 17 para. 12 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is

substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

In section 5(3) of the [F542Senior 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" ”.

Textual Amendments F542 Sch. 17 para. 12: for the words "Supreme Court Act 1981" wherever they occur there is substituted

(1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

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 “—

(a) the expenses of coming and attending to give evidence and of returning from giving evidence; and

(b) any other reasonable expenses which he has asked to be defrayed in connection with his evidence,

158 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 17 – Minor Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

was tendered to him at the time when the writ was served upon him. ”

Commencement Information I116 Sch. 17 para. 13 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

The County Courts Act 1984 (c. 28) 14 F543. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F543 Sch. 17 para. 14 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910,

art. 3(aa)(bb)

15 In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted—

“(1A) Without prejudice to the generality of the power to make county court rules under section 75, such rules may make provision for any appeal from the exercise by a district judge, assistant district judge or deputy district judge of any power given to him by virtue of any enactment to be to a judge of a county court.”

16 In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end—

“(6) County court rules may make provision for the suspension of any judgment or order, on terms, in connection with any warrant issued with respect to any instalment payable under the judgment or order.”

17 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" ”.

Commencement Information I117 Sch. 17 para. 17 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

18 F544. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F544 Sch. 17 para. 18 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt.

1 Group. 4}

159

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

PROSPECTIVE

The Legal Aid Act 1988 (c. 34) F54519 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F545 Sch. 17 para. 19 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2),

36(9)); S.I. 2000/774, art. 2(c)(ii), Sch. para. 7 (with arts. 3-5)

The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34) 20 F546. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F546 Sch. 17 para. 20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(rr) (with art. 9)

SCHEDULE 18 Section 125(3).

CONSEQUENTIAL AMENDMENTS

The Public Records Act 1958 (c. 51) (1) 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—

F547“. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .” F547“. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

“The Legal Services Ombudsman”

“The Lord Chancellor’s Advisory Committee on Legal Education and Conduct”.

(2) F548. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F547 Words in Sch. 18 para. 1 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23

(with ss. 29, 192, 193); S.I. 2009/503, art. 2(f)(vi)(ee) F548 Sch. 18 para. 1(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with

ss. 29, 192, 193); S.I. 2009/503, art. 2(f)(vi)(ee)

160

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Commencement Information I118 Sch. 18 para. 1 in force for certain purposes at 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2

The Tribunals and Inquiries Act 1971 (c. 62) F5492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F549 Sch. 18 para. 2 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53, SIF 127), ss. 18(2),

19(2), Sch. 4 Pt.I

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." ”.

PROSPECTIVE

The Fair Trading Act 1973 (c.41) 4 F550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F550 Sch. 18 para. 4 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2, Sch.

(with art. 10)

The Juries Act 1974 (c. 23) 5 F551. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F551 Sch. 18 para. 5 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 10;

S.I. 2004/829, art. 2(1)(2)(l)(iv) (subject to art. 2(3)-(6))

161Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

PROSPECTIVE

The Consumer Credit Act 1974 (c.39) 6 F552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F552 Sch. 18 para. 6 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2, Sch.

(with art. 10)

The Solicitors Act 1974 (c. 47) 7 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)—

“ or (c) of an order under section 47(2)(h) for the restoration of a person’s

name to the roll,”. 8 In section 8 of that Act (removal or restoration of name at solicitor’s request), the

following subsection shall be inserted after subsection (2)—

“(2A) Subsection (2) does not apply to a former solicitor with respect to whom a direction has been given under section 47(2)(g).”

9 F553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F553 Sch. 18 paras. 9-12 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with

ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ss) (with art. 9)

10 F554. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F554 Sch. 18 paras. 9-12 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with

ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ss) (with art. 9)

PROSPECTIVE

11 F555. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F555 Sch. 18 paras. 9-12 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with

ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ss) (with art. 9)

162

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

PROSPECTIVE

12 F556. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F556 Sch. 18 paras. 9-12 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with

ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ss) (with art. 9)

In section 32 of that Act (accounts rules and trust account rules), the following subsection shall be inserted after subsection (5)—

“(6) For the purposes of this section and section 33 references to clients’ money and money of a kind mentioned in subsection (1)(b) of this section or (1)(a) of section 33 include references to money held by a solicitor as a stakeholder (whether or not paid by a client of his).”

Commencement Information I119 Sch. 18 para. 13 wholly in force at 1.6.1992 see s. 124 and S.I. 1992/1221, art. 2,Sch.

14 In section 41 of that Act (employment by solicitor of person struck off or suspended), the following subsection shall be inserted after subsection (1)—

“(1A) No solicitor shall, except in accordance with a written permission granted under this section, employ or remunerate in connection with his practice as a solicitor any person if, to his knowledge, there is a direction in force under section 47(2)(g) in relation to that person.”

15 In section 42 of that Act (failure to disclose certain facts to solicitor employer), the following subsection shall be inserted after subsection (1)—

“(1A) Any person— (a) with respect to whom a direction is in force under section 47(2)(g);

and (b) who seeks or accepts employment by a solicitor in connection with

that solicitor’s practice without previously informing him of the direction,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.”

16 (1) Section 80 of that Act (powers to act on behalf of Society) shall be amended as follows.

(2) In subsection (1) for the words “to committees conferred on the Council" there shall be substituted “ conferred" ”.

(3) In subsection (3)— (a) after the word “Council", in the second place where it occurs, there shall be

inserted “ or sub-committee" ”; and (b) for the words “or the committee" there shall be substituted “ , committee or

sub-committee" ”.

163

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

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); ”.

Commencement Information I120 Sch. 18 para. 17 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

18 F557. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F557 Sch. 18 para. 18 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ss) (with art. 9)

PROSPECTIVE

The Restrictive Trade Practices Act 1976 (c.34) 19 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)— (a) after the words “Electricity Supply" there shall be inserted “ or the

Authorised Conveyancing Practitioners Board" ”; and (b) after the words “Regulations 1988" there shall be inserted “ or the Courts

and Legal Services Act 1990" ”.

The Patents Act 1977 (c.37) 20 F558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F558 Sch. 18 para. 20 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ss) (with art. 9)

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22) F55921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F559 Sch. 18 para. 21 repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10; S.I. 1997/1892, art. 3(1)

164 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

PROSPECTIVE

The Estate Agents Act 1979 (c.38) 22 F560. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F560 Sch. 18 para. 22 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2, Sch.

(with art. 10)

PROSPECTIVE

The Competition Act 1980 (c.21) 23 F561. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F561 Sch. 18 para. 23 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2, Sch.

(with art. 10)

The Social Security Act 1980 (c. 30) F56224 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F562 Sch. 18 para. 24 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6, SIF

113:1), ss. 3, 7(2), Sch.1 (with Sch. 3) (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s.118)

The Magistrates’ Courts Act 1980 (c.43) 25 (1) The Magistrates’ Courts Act 1980 shall be amended as follows.

(2) In section 150(1) (interpretation) after the definition of “impose imprisonment" there shall be inserted the following definition—

““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;”.

(3) For the words— (a) “counsel or a solicitor” in sections 4(4)(b), 6(2)(b), 23(1)(a) and 128(1B); (b) “counsel or solicitor” in sections 122(1) and (3);

there shall be substituted “ a legal representative" ”.

165

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

(4) For the words— (a) “solicitor” in sections 6(2)(a), 12(2), 128(1A)(ii) and (3B);

F563(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F564(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . there shall be substituted “ legal representative" ”.

F565(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the words— (a) “solicitors and counsel” in section 69(2)(b); (b) “solicitors or counsel” in section 69(4),

there shall be substituted “ legal representatives" ”. F566(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F563 Sch. 18 para. 25(4)(b) repealed (1.4.2001) by 2000 c. 43, s. 75, Sch. 8; S.I. 2001/919, art. 2(g) Table F564 Sch. 18 para. 25(4)(c) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1995/685, art. 1(2) F565 Sch. 18 para. 25(5) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes,

28.5.2013 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)

F566 Sch. 18 para. 25(7) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 2 para. 2

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" ”.

Commencement Information I121 Sch. 18 para. 26 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

In section 22 of that Act (children’s pension: rate and mode of payment)— (a) 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" ”;

(b) 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

(c) 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" ”.

166

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Commencement Information I122 Sch. 18 para. 27 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.

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".

Commencement Information I123 Sch. 18 para. 28 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

In section 25 of that Act (persons serving again after retirement), in subsection (1)— (a) in paragraph (a), for the words “widow or child of his" there shall be

substituted “ widow, widower or child of that person" ”; and (b) in paragraph (b), for the word “his" there shall be substituted “ that

person’s" ”.

Commencement Information I124 Sch. 18 para. 29 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.

In the following sections of that Act— (a) 29 (recommendation of a Minister required in certain cases); (b) 31 (payments charged on Consolidated Fund); and (c) 32(3)(b) (definition of “pension benefits"),

after the word “widow’s" there shall in each case be inserted “ widower’s" ”.

Commencement Information I125 Sch. 18 para. 30 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

PROSPECTIVE

31 The following section shall be inserted in that Act at the beginning of Part III—

“29A Transfer of accrued benefits. “29A “29A Transfer of accrued benefits.

Schedule 1A shall have effect with respect to the transfer of accrued rights into and out of the judicial pension schemes constituted by this Act and the Sheriffs’ Pensions (Scotland) Act 1961.”

32 In Part I of Schedule 1 to that Act (certain Supreme Court officers)— (a) 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

(b) for the entries “County court registrar" and “county court assistant registrar" there shall be substituted—

167

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

“District judge.

Assistant district judge.” 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" ”.

Commencement Information I126 Sch. 18 para. 33 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.

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," ”.

Commencement Information I127 Sch. 18 para. 34 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.

In paragraph 7(3) of Schedule 3 to that Act, after the word “widow’s" there shall be inserted “ widower’s" ”.

Commencement Information I128 Sch. 18 para. 35 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

The [F567Senior Courts Act 1981] (c. 54)

Textual Amendments F567 Sch. 18 para. 36 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is

substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

36 (1) In section 85 of the [F568Senior Courts Act 1981] (Supreme Court Rule Committee)— (a) for paragraphs (f) and (g) of subsection (1), there shall be substituted—

“(f) two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and

(g) 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.”

(b) for subsection (4) there shall be substituted—

“(4) Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.”

168 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F569(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F568 Sch. 18 para. 36: for the words "Supreme Court Act 1981" wherever they occur there is substituted

(1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F569 Sch. 18 para. 36(2) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 1 para. 7

37 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" ”.

38 For section 89(3)(e) of that Act (Senior Registrar of Family Division) there shall be substituted—

“(e) one of the district judges of the Principal Registry of the Family Division as Senior District Judge of that Division; and”.

39 In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—

“(3A) The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation to any proceedings.

(3B) When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of section 28(2)(a) of the Courts and Legal Services Act 1990 shall be treated as having acquired that right solely by virtue of subsection (3A).”

40 (1) 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." ”

(2) In sections 100(2) to (5) and 101 to 103 of that Act (further provisions with respect to district registrars, assistant district registrars and deputy district registrars)—

(a) for the words “county court registrar" there shall be substituted “ district judge for a county court district" ”;

(b) 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" ”;

(c) for the words “assistant district registrar" in each place where they occur there shall be substituted “ assistant district judge" ”; and

(d) for the words “deputy district registrar" in each place where they occur there shall be substituted “ deputy district judge" ”.

41 In section 151(1) of that Act (interpretation), the following shall be inserted after the definition of “appeal”—

“.

169

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

“arbitration agreement” has the same meaning as it has in the Arbitration Act 1950 by virtue of section 32 of that Act;”.

Commencement Information I129 Sch. 18 para. 41 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

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)—

(a) 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" ”;

F570(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c) for the words “deputy county court registrar" and “deputy registrar" in each place where they occur there shall be substituted “ deputy district judge" ”.

Textual Amendments F570 Sch. 18 para. 42(b) repealed (31.3.1995) by 1993 c. 8, s. 31(2)(4), Sch. 9; S.I. 1995/631, art. 2

In section 52 of that Act (powers of court exercisable before commencement of action) the following subsection shall be added at the end—

“(3) This section is subject to any provision made under section 38,”

Commencement Information I130 Sch. 18 para. 43 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

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—

“(5) This section is subject to any provision made under section 38,”

Commencement Information I131 Sch. 18 para. 44 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

In section 54 of that Act (provisions supplementary to sections 52 and 53) the following subsection shall be added at the end—

“(6) This section is subject to any provision made under section 38,”

170

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Commencement Information I132 Sch. 18 para. 45 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

In section 69 of that Act (power to award interest on debts and damages), the following shall be substituted for subsection (8)—

“(8) In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.”

Commencement Information I133 Sch. 18 para. 46 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

47 For section 75(7) of that Act (members of the rule committee) there shall be substituted—

“(7) The rule committee shall consist of the following persons appointed by the Lord Chancellor—

(a) five judges of county courts; (b) two district judges; (c) two persons who have a Supreme Court qualification (within the

meaning of section 71 of the Courts and Legal Services Act 1990); and

(d) 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.”

48 For section 143(1) of that Act (prohibition on persons other than solicitors receiving remuneration for work in county courts) there shall be substituted—

“(1) No person other than— (a) a legal representative; or (b) a person exercising a right of audience or a right to conduct litigation

by virtue of an order made under section 11 of the Courts and Legal Services Act 1990 (representation in county courts),

shall be entitled to have or recover any fee or reward for acting on behalf of a party in proceedings in a county court.”

Commencement Information I134 Sch. 18 para. 48 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

49 (1) In section 147(1) of that Act (interpretation) after the definition of “landlord" there shall be inserted—

““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.”

171Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

(2) For the word “solicitor” in sections 13(1) and (4), 61(2) and 126 of that Act there shall be substituted “ legal representative" ”.

(3) For the word “solicitors” in sections 18, 24(1),F571... 75(3)(f) and 79 of that Act there shall be substituted “ legal representatives" ”.

Textual Amendments F571 Word in Sch. 18 para. 49(3) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9

para. 141; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information I135 Sch. 18 para. 49 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

The Matrimonial and Family Proceedings Act 1984 (c. 42)

PROSPECTIVE

F57250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F572 Sch. 18 para. 50 repealed (6.4.2011) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2010/2921, art.

3(c)

The Prosecution of Offences Act 1985 (c. 23) F57351 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F573 Sch. 18 para. 51 repealed (31.7.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2),

36(9)); S.I. 2000/1920, art. 2(c)

52 (1) 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" ”.

(2) The following definition shall be inserted in section 15(1) of that Act after the definition of “Director”—

““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.”

Commencement Information I136 Sch. 18 para. 52 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

172

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

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" ”.

Commencement Information I137 Sch. 18 para. 53 wholly in force at 1.5.1991 see s. 124(3) and S.I. 1991/985, art. 2(b)

The Administration of Justice Act 1985 (c. 61) 54 (1) Section 9 of the Administration of Justice Act 1985 (management and control by

solicitors of incorporated practices) shall be amended as follows.

(2) In subsection (1)(a)— (a) after the word “solicitors", where it first occurs, there shall be inserted “ or

solicitors and one or more registered foreign lawyers" ”; and (b) at the end there shall be inserted “ or by multi-national partnerships" ”.

(3) 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.

Commencement Information I138 Sch. 18 para. 54 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

55 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)" ”.

56 F574. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F574 Sch. 18 para. 56 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss.

29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ss) (with art. 9)

In Schedule 2 to that Act (incorporated practices), in paragraph 18 the following sub-paragraph shall be inserted after sub-paragraph (2)—

“(2A) Where, on the hearing of any application or complaint made to it under this Schedule, the Tribunal is satisfied that more than one allegation is proved against the recognised body to whom the application or complaint relates, it may impose a separate penalty (by virtue of sub-paragraph (2) (b)) with respect to each such allegation.”

173

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 18 – Consequential Amendments Document Generated: 2020-04-27

In Schedule 6 to that Act (incorporated licensed conveyancers) the following shall be substituted for paragraph 4(3)—

“(3) Where it appears to the Council that the professional services provided by a recognised body in connection with any matter in which that body has been instructed by a client have, in any respect, not been of the quality which it is reasonable to expect of that body, the Council may take any step with respect to that recognised body as it could take under paragraphs 14 to 20 of Schedule 8 of the Courts and Legal Services Act 1990 with respect to a licensed conveyancer in similar circumstances.

(3A) Those paragraphs shall have effect (with the necessary modifications) with respect to any steps taken against the recognised body under this sub- paragraph as they have effect with respect to any steps taken with respect to a licensed conveyancer under paragraph 14 of that Schedule.”

Commencement Information I139 Sch. 18 para. 58 wholly in force at 1.4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

The Legal Aid Act 1988 (c. 34) F57559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F575 Sch. 18 para. 59 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9));

S.I. 2000/774, art. 2(c)(ii), Sch. para. 7 (with arts. 3-5)

F57660 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F576 Sch. 18 para. 60 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9));

S.I. 2000/774, art. 2(c)(ii), Sch. para. 7 (with arts. 3-5)

F57761 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F577 Sch. 18 para. 61 repealed (1.4.2000) by 1999 c.22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9));

S.I. 2000/774, art. 2(c)(ii), Sch. para. 7 (with arts. 3-5)

F57862 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F578 Sch. 18 para. 62 repealed (1.4.2000) by 1999 c.22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9));

S.I. 2000/774, art. 2(c)(ii), Sch. para. 7 (with arts. 3-5)

174 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 19 – Transitionals and Savings

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

F57963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F579 Sch. 18 para. 63 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9));

S.I. 2000/774, art. 2(c)(ii), Sch. para. 7 (with arts. 3-5)

SCHEDULE 19 Section 125(6).

TRANSITIONALS AND SAVINGS

1 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.

F5802

Judicial appointments: barristers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F580 Sch. 19 para. 2 repealed (27.9.1999) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9));

S.I. 1999/2657, art. 2(d)(ii)(a), Sch. 2 Pt. I para.2(d)

Judicial appointments: solicitors F5813 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments F581 Sch. 19 para. 3 repealed (27.9.1999) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9));

S.I. 1999/2657, art. 2(d)(ii)(a), Sch. 2 Pt. I para. 2(d)

Directions under section 83 of the [F582Senior Courts Act 1981] (c. 54)

Textual Amendments F582 Sch. 19 para. 4 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is

substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

(1) Any direction given under section 83 of the [F583Senior Courts Act 1981] (right of audience for solicitors in Crown Courts) and in force immediately before the commencement of section 67 shall have effect as if validly made under section 83 as substituted by section 67.

175

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 19 – Transitionals and Savings Document Generated: 2020-04-27

(2) This paragraph is without prejudice to section 17(2)(b) of the M69Interpretation Act 1978.

Textual Amendments F583 Sch. 19 para. 4: for the words "Supreme Court Act 1981" wherever they occur there is substituted

(1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Marginal Citations M69 1978 c. 30.

District judges

For the purposes of section 16(3)(c) of the M70Courts 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.

Marginal Citations M70 1971 c. 23.

Judicial oaths (1) 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.

(2) The M71Promissory Oaths Act 1868 shall have effect as if in section 6 for the words “as soon as may be after his acceptance of office" there were substituted “ not later than 6 months after the coming into force of section 76 of the Courts and Legal Services Act 1990" ”.

Marginal Citations M71 1868 c. 72.

Retirement age of certain officers of [F584Senior Courts]

Textual Amendments F584 Words in cross-heading preceding Sch. 19 para. 7 substituted (1.10.2009) by Constitutional Reform Act

2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

7 F585. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

176

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 19 – Transitionals and Savings

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

Textual Amendments F585 Sch. 19 para. 7 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910,

art. 3(aa)(bb)

Investigations by lay observers (1) 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 M72Solicitors 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.

(2) Where— (a) any allegation has been duly made to a lay observer under section 45 of the

Act of 1974; but (b) he has not—

(i) concluded his examination of the allegation; or (ii) reported to the Law Society,

before the repeal of that section has effect, 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.

(3) 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.

Marginal Citations M72 1974 c. 47.

Judicial pensions

The repeal by this Act of sections 18(3), 20(6) and 24 of the M73Judicial Pensions Act 1981 shall not apply in relation to any person who is entitled to exercise the option given by paragraph 26 or 27 of the Part IV inserted in Schedule 2 to that Act by Schedule 12 to this Act but does not do so.

Commencement Information I140 Sch. 19 para. 9 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

Marginal Citations M73 1981 c. 20.

10 (1) The repeal by this Act of subsection (3) of section 3 of the M74Superannuation (Miscellaneous Provisions) Act 1967 shall not affect its application in relation to any abatement made under that section.

177Courts and Legal Services Act 1990 (c. 41) SCHEDULE 19 – Transitionals and Savings Document Generated: 2020-04-27

(2) The repeal by this Act of subsection (3) of section 1 of the M75Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 shall not affect its application in relation to any abatement made under that section.

(3) The repeal by this Act of section 19(5) of the M76Courts Act 1971 shall not affect its application in relation to any abatement made under section 18(3) of that Act.

(4) The repeal by this Act of subsection (4) of section 9 of the M77Administration 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.

(5) The repeal by this Act of subsection (4) of section 12 of the M78[F586Senior 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.

Textual Amendments F586 Sch. 19 para. 10: for the words "Supreme Court Act 1981" wherever they occur there is substituted

(1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Marginal Citations M74 1967 c. 28. M75 1969 c. 7 (N.I.). M76 1971 c. 23. M77 1973 c. 15. M78 1981 c. 54.

Overseas solicitors 11 (1) Notwithstanding the repeal by this Act of section 4 of the Solicitors Act 1974

(under which the M79Overseas 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.

(2) 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.

(3) 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—

(a) which is listed in the Order of 1964; but (b) which is identified in the regulations otherwise than by reference to that list.

Marginal Citations M79 S.I. 1964/1848.

Practising certificates 12 (1) Section 14 of the M80Solicitors Act 1974, as substituted by section 86 shall have effect,

in relation to any practising certificate which is in force on the commencement of

178 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 19 – Transitionals and Savings

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

section 86, as if it provided for the replacement date for that certificate to be the 31st October following that commencement.

(2) Sub-paragraph (1) is subject to any direction (whether general or specific) given by the Law Society.

(3) 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.

Commencement Information I141 Sch. 19 para. 12 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

Marginal Citations M80 1974 c. 47.

Notaries 13 (1) 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.

(2) The Master of the Faculties may make rules providing— (a) 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

(b) for all such apprenticeships to be brought to an end on such day as may be prescribed.

Commencement Information I142 Sch. 19 para. 13 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

Redress for inadequate professional services Section 93 and the repeal by Schedule 20 of—

(a) section 44A of the Solicitors Act 1974; (b) section 47A of that Act; and (c) paragraph 19 of Schedule 2 to the M81Administration of Justice Act 1985,

shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 93 or those repeals.

Commencement Information I143 Sch. 19 para. 14 in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

179Courts and Legal Services Act 1990 (c. 41) SCHEDULE 19 – Transitionals and Savings Document Generated: 2020-04-27

Marginal Citations M81 1985 c. 61.

The Council for Licensed Conveyancers 15 (1) The following provisions—

(a) section 53; (b) the repeal by Schedule 20 of section 26(3) of the Administration of Justice

Act 1985; and (c) paragraph 58 of Schedule 18,

shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 53.

(2) Until such date as may be specified by order made by the Lord Chancellor, the provisions of—

(a) paragraphs 14 to 20 of Schedule 8; and (b) paragraph 4(3) and (3A) of Schedule 6 to the Administration of Justice Act

1985 (as substituted by paragraph 58 of Schedule 18), shall have effect as if they conferred powers on the Discipline and Appeals Committee and not on the Council for Licensed Conveyancers.

(3) 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.

Commencement Information I144 Sch. 19 para. 15 in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Immunity of magistrates etc. 16 (1) 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.

(2) 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.

(3) 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.

(4) Sub-paragraph (3) applies to— (a) a resident magistrate, including a deputy resident magistrate; (b) a justice of the peace; and

180

Courts and Legal Services Act 1990 (c. 41) SCHEDULE 20 – Repeals

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

(c) 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 M82Commissioners for Oaths Act 1889 shall not affect the power of the [F587Lord Chancellor] to revoke any appointment made by [F588the Lord Chancellor] under that provision.

Textual Amendments F587 Words in Sch. 19 para. 17 substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch.

21 para. 101 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(d) F588 Words in Sch. 19 para. 17 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs

Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(4)(b) (with arts. 6, 8)

Commencement Information I145 Sch. 19 para. 17 in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch

Marginal Citations M82 1889 c. 10.

SCHEDULE 20 Section 125(7).

REPEALS

Extent Information E2 For extent of this Schedule see s. 123

Commencement Information I146 Sch. 20 partly in force at 1.4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 20 partly in force at

1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch; Sch. 20 partly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch; Sch. 20 partly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch; Sch. 20 partly in force at 1.6.1992 see s. 124(3) and S.I. 1992/1221, art. 2,Sch; Sch. 20 partly in force at 1.10.1993 see s. 124(3) and S.I. 1993/2132, art. 2, Sch.

Chapter Short title 41 Geo. 3 c. 79. The Public Notaries Act

1801.

3 & 4 Will 4 c. 70. The Public Notaries Act 1833.

Extent of repeal In section 1, the words “in manner hereinafter directed".Sections 2 to 5.Sections 7 to 10.In section 14, the words from “Provided always" to the end. The whole Act.

181Courts and Legal Services Act 1990 (c. 41) SCHEDULE 20 – Repeals Document Generated: 2020-04-27

6 & 7 Vict c. 90.

8 & 9 Vict. c. 127. 20 & 21 Vict.c. 43.

27 & 28 Vict.c. 24.

52 & 53 Vict.c. 10.

4 & 5 Geo 5 c. 91. 9 & 10 Geo. 5c. 53.

6 & 7 Geo. 6c. 39.

12 & 13 Geo. 6c. 42.

14 Geo. 6 c. 27. 14 Geo. 6 c. 37.

14 & 15 Geo. 6c. 46.

4 & 5 Eliz. 2 c. 46.

1961 c. 44.

1967 c. 28.

1969 c. 7 (N.I.).

1969 c. 46.

The Public Notaries Act 1843.

The Small Debts Act 1845. The Summary Jurisdiction Act 1857. The Naval Agency and Distribution Act 1864.

The Commissioners for Oaths Act 1889.

The Welsh Church Act 1914. The War Pensions (Administrative Provisions) Act 1919. The Pensions Appeal Tribunals Act 1943. The Lands Tribunal Act 1949. The Arbitration Act 1950. The Maintenance Orders Act 1950. The Courts-Martial (Appeals) Act 1951. The Administration of Justice Act 1956. The Barristers (Qualification for Office) Act 1961. The Superannuation (Miscellaneous Provisions) Act 1967. The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969. The Family Law Reform Act 1969.

Sections 1 to 3.In section 6, the words “nor any service under this Act".Section 9.In section 10, the words “and also in the Public Notaries Act 1833". The whole Act. In section 6, the words from “Provided always" to the end. In section 7, the words “or a proctor, attorney or solicitor" and “or becomes a proctor, attorney or solicitor".Section 23(1). In section 1, subsection (1) and in subsection (2) the words “by virtue of his commission". Section 37. In the Schedule, in paragraph 2(i) the words from “being a barrister" to “standing". Section 13(c).

In section 8(1), the definition of “barrister-at-law". Section 12(6)(b). Section 16(2)(a)(vii).

Section 28(5).Section 31(5).

Section 37.Section 53.

The whole Act.

Section 3.

Section 1.

Section 6.

182 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 20 – Repeals

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

1969 c. 54. The Children and Young Persons Act 1969.

In section 16(3), the words from “and the justice" to the end.

1969 c. 58. The Administration of Justice Section 29. Act 1969.

1970 c. 31. The Administration of Justice Act 1970.

In Schedule 8, paragraph 12.

1971 c. 23. The Courts Act 1971. Section 17(6).Section 18(3) and (4).Section 19(5).

1972 c. 18. The Maintenance Orders (Reciprocal Enforcement) Act 1972.

Section 30(1), (2) and (6).

1973 c. 13. The Administration of Justice Act 1973.

Section 9(4).

1974 c. 47. The Solicitors Act 1974. Section 2(2).In section 3, in subsection (2) the words from “or a judge" to “time being" and subsection (3). Section 4.Section 5.In section 7(a), the words “or a judge acting for him under section 3(2).".In section 20(2), paragraph (c) and the word “and" immediately preceding it.Section 33(4)(b) and the word “or" immediately preceding it.Section 39.Section 44A.Section 45.Section 47A.Section 81(5).Section 82.In Schedule 3, paragraph 7.

1975 c. 14. The Social Security Act 1975.

In Schedule 10, paragraph 1A(8).

1975 c. 24. The House of Commons Disqualification Act 1975.

In Part III of Schedule 1, the entry relating to the lay observer appointed under section 45 of the Solicitors Act 1974.

1975 c. 27. The Ministerial and other Salaries Act 1975.

In section 1(2), the words from “but" to the end.

1976 c. 80. The Rent (Agriculture) Act 1976.

Section 26(3).

1977 c. 42. The Rent Act 1977. Section 141(4) and (5).

183Courts and Legal Services Act 1990 (c. 41) SCHEDULE 20 – Repeals Document Generated: 2020-04-27

1978 c. 22. The Domestic Proceedings and Magistrates’ Courts Act 1978.

Section 16(7).Section 17(2).Section 23(1).Section 24.Section 30(2) to (4).

1979 c. 55. The Justices of the Peace Act 1979.

Section 31(4)(b).Section 46.Section 47.Section 48.Section 49.Section 51.Section 52.In section 53(1), the words “and of section 54 below".Section 54.

1980 c. 30. The Social Security Act 1980.

Section 13(4).

1980 c. 43. The Magistrates’ Courts Act 1980.

Section 65(1)(k).

1980 c. 51. The Housing Act 1980. Section 86(3). 1981 c. 20. The Judicial Pensions Act

1981. Section 18(3).Section 20(6).Section 22(5).Section 24.In section 25, in subsection (1) the word “his", in the first three places where it occurs and subsection (2).In section 33, the definition of “the Minister".In Part I of Schedule 1, the entries “Queen’s coroner and attorney and Master of the Crown Office" and “Registrar of criminal appeals".In Schedule 1, paragraph 15(3).

1981 c. 54. The [F589Senior Courts Act 1981].

Section 12(4).In section 18, in subsection (1) paragraphs (e), (f) and (h) and subsection (2).Section 94.Section 100(5).Section 101(2).Section 102(6).Section 103(6).

1984 c. 28. The County Courts Act 1984. Section 10.Section 19.Section 20.Section 22.Section 29.Section 34.Section 43.Section 44.In section 45, in subsection (1) the words from “and as to" to “to be taxed" and subsection (2).In section 60, subsection (1), and in subsection (2) the words “not being a person entitled to address the court by virtue of subsection (1)"

184 Courts and Legal Services Act 1990 (c. 41) SCHEDULE 20 – Repeals

Document Generated: 2020-04-27 Status: This version of this Act contains provisions that are prospective.

and “as if he were a person so entitled".In section 63, the words “for the purposes of subsection (2)".In section 75(1), the words from “and prescribing" to the end.Section 89(3).Section 105.Section 106.Section 112(5).Section 143(2).In Schedule 1, paragraph 2(3) and paragraph 3 and the word “and" immediately preceding it.

1984 c. 42. The Matrimonial and Family Proceedings Act 1984.

In Schedule 1, paragraphs 29 and 31.

1985 c. 23. The Prosecution of Offences Act 1985.

Section 4(5).In section 15(1), the definition of “solicitor", and the word “and" immediately preceding it.

1985 c. 61. The Administration of Justice Section 1.Section 3.In Act 1985. section 9(8) the second

“and".Section 26(3).Section 63.Section 65(5).In Schedule 1, paragraphs 4 and 11.In Schedule 2, paragraph 4(2)(b) and the word “or" immediately preceding it and paragraphs 8, 15 and 19.In Schedule 3, paragraph 8.In Schedule 7, paragraph 4, and in paragraph 5 the words “or under section 47A".

1985 c. 68. The Housing Act 1985. Section 110(3).Section 181(3).

1985 c. 70. The Landlord and Tenant Act 1985.

Section 19(5).

1986 c. 53. The Building Societies Act 1986.

Section 35.Section 124.

1987 c. 31. The Landlord and Tenant Act 1987.

Section 52(4) and (5).In Schedule 2, paragraph 2(b).

1987 c. 42. The Family Law Reform Act 1987.

Section 29(4).In Schedule 2, paragraphs 12(a), 20 and 27(a).

1988 c. 13. The Coroners Act 1988. In section 2(1) the words “in his profession".

1988 c. 48. The Copyright, Designs and Patents Act 1988.

Section 290.

185Courts and Legal Services Act 1990 (c. 41) SCHEDULE 20 – Repeals Document Generated: 2020-04-27

1988 c. 50. The Housing Act 1988. Section 40(4) and (5). 1989 c. 41. The Children Act 1989. In section 27(1), the words

“or other person" and the words “or person".In section 42(1), the word “or" immediately preceding para- graph (b) and in paragraph (b) the word “other".In section 81(1)(d), the word “registered".In section 108(12), in the entry relating to Schedule 14, the word “18".In Schedule 3, paragraph 7.In Schedule 4, in paragraph 1(1), (2), (4), (5), (8) and (9) the word “voluntary" in each place where it occurs, and in paragraph 1(6)(b)(i) the words “as a voluntary home".In Schedule 12, paragraph 25.In Schedule 13, paragraphs 24, 25 and 40.In Schedule 14, in paragraph 15(1), the word “or" immediately preceding paragraph (g).

Textual Amendments F589 Sch. 20: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009)

the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

186 Courts and Legal Services Act 1990 (c. 41) Document Generated: 2020-04-27

Status: This version of this Act contains provisions that are prospective.

Changes to legislation: Courts and Legal Services Act 1990 is up to date with all changes known to be in force on or before 27 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. View outstanding changes

Changes and effects yet to be applied to : – s. 13 repealed by 2007 c. 15 Sch. 16 para. 6Sch. 23 Pt. 5 – s. 58B inserted by 1999 c. 22 s. 28 – Sch. 16 para. 24 repealed by 2010 c. 26 Sch. 4 Pt. 2 (This amendment not applied

to legislation.gov.uk. Sch. 4 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

– Sch. 18 para. 25(6) repealed by 2010 c. 26 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. Sch. 4 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

The Courts and Legal Services Act 1990 (Chapter 41, updated up to April 27, 2020)，联合王国

可用资料

The Courts and Legal Services Act 1990 (Chapter 41, updated up to April 27, 2020)， 联合王国

可用资料

The Courts and Legal Services Act 1990 (Chapter 41, updated up to April 27, 2020)，联合王国