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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
E1For extent of this Act see s. 123
(1)The Lord Chancellor may by order make provision—
(a)conferring jurisdiction on the High Court in relation to proceedings in which county courts have jurisdiction;
(b)conferring jurisdiction on county courts in relation to proceedings in which the High Court has jurisdiction;
(c)allocating proceedings to the High Court or to county courts;
(d)specifying proceedings which may be commenced only in the High Court;
(e)specifying proceedings which may be commenced only in a county court;
(f)specifying proceedings which may be taken only in the High Court;
(g)specifying proceedings which may be taken only in a county court.
[F1(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;
(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.
(4)An order under subsection (1)(b), (e) or (g) may specify one or more particular county courts in relation to the proceedings so specified.
(5)Any jurisdiction exercisable by a county court, under any provision made by virtue of subsection (4), shall be exercisable throughout England and Wales.
(6)Rules of court may provide for a matter—
(a)which is pending in one county court; and
(b)over which that court has jurisdiction under any provision made by virtue of subsection (4),
to be heard and determined wholly or partly in another county court which also has jurisdiction in that matter under any such provision.
(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 [F2Senior Courts] ; or
(ii)the jurisdiction, practice or procedure of any county court,
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, [F3the 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 any 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)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(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
F1S. 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
F2Words 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)
F3Words 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)
F4S. 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)
F5S. 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
(1)The following section shall be substituted for section 40 of the M1County Courts Act 1984 (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.
(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)—
(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
(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)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6S. 2(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
Commencement Information
I1S. 2 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art.2, Sch.
Marginal Citations
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)—
(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;
(c)may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and
(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
I2S. 3 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
(1)The following section shall be substituted for section 51 of the M3[F7Senior Courts Act 1981] (costs in civil division of Court of Appeal and High Court)—
(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.
(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
F7S. 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
I3S. 4 wholly in force at 1.10.1991 see s. 124(3) and S.I. 1991/1883, art. 2
Marginal Citations
(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.
(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.
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
(1)Section 18 of the M5[F8Senior 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.
F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 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)
F9S. 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
I4S. 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.
Marginal Citations
(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.
(1)[F10The President of the Family Division may, after consulting the Lord Chancellor,] give directions that, in such circumstances as may be specified—
(a)any family proceedings which are within the jurisdiction of county courts; or
(b)any specified description of such proceedings,
shall be allocated to specified judges or to specified descriptions of judge.
(2)Any such direction shall have effect regardless of any rules of court.
(3)Where any directions have been given under this section allocating any proceedings to specified judges, the validity of anything done by a judge in, or in relation to, the proceedings shall not be called into question by reason only of the fact that he was not a specified judge.
(4)For the purposes of subsection (1) “county court” includes the principal registry of the Family Division of the High Court in so far as it is treated as a county court.
(5)In this section—
“family proceedings” has the same meaning as in the M6Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the M7Children Act 1989;
“judge” means any person who—
(a)is capable of sitting as a judge for a county court district;
(b)is a district judge, an assistant district judge or a deputy district judge; or
(c)is a district judge of the principal registry of the Family Division of the High Court; and
“specified” means specified in the directions.
Textual Amendments
F10Words in s. 9(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 213; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
Marginal Citations
[F11(1)In subsection(2) “family proceedings” means proceedings under Part I of the Domestic Proceedings Magistrates’ Courts Act 1978 [F12or Schedule 6 to the Civil Partnership Act 2004] .]
(2)[F13Family Procedure Rules] may make, in relation to any family proceedings, any provision which—
(a)falls within subsection (2) of section 93 of the M8Children Act 1989 (rules of court); and
(b)may be made in relation to relevant proceedings under section 93 of the Act of 1989.
F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11S. 10(1) substituted (14.10.1991) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 11(1); S.I. 1991/2042, art. 2(a)(b)
F12Words in s. 10(1) inserted (15.4.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 137; S.I. 2005/1112, art. 2, Sch. 1
F13Words in s. 10(2) substituted (6.4.2011) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 349; S.I. 2010/2921, art. 3(b)
F14S. 10(3)-(5) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1995/685, art. 1(2)
Commencement Information
I5S. 10 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
Marginal Citations
(1)The Lord Chancellor may [F15, 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 a 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;
(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;
(c)on any application under the M9Consumer Credit Act 1974;
(d)in relation to domestic premises; or
[F16(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 M10Solicitors 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 a 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 a court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.
(6)Where, in any proceedings in a 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 any 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 a county court.
(10)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)In this section “domestic premises” means any premises which are wholly or mainly used as a private dwelling.
[F18(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
F15Words 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
F16S. 11(2)(e) substituted (26.4.1999) by S.I. 1999/1217, art. 3
F17S. 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
F18S. 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)
C1S. 11 restricted (26.4.1999) by S.I. 1998/3132, rule 27.14(4)
Marginal Citations
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19S. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
Prospective
(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
(c)of the court’s own motion during the course of, or on the determination of, any enforcement or other proceedings.”
(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—
(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.
(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.”
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20S. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
(1)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 89(1) of the M11County 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;”.
(3)Where a person takes steps to enforce a judgment or order of the High Court or a 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
F21S. 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)
Commencement Information
I6S. 15 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, sch.
Marginal Citations
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22S. 16 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
Modifications etc. (not altering text)
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23S. 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)
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24S. 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)
Textual Amendments
F25S. 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)
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F26S. 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)
Textual Amendments
F27S. 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
Textual Amendments
F28S. 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
Textual Amendments
F29S. 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Ss. 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)
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31S. 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)
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32S. 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)
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33S. 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)
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35S. 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)
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36S. 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)
[F38(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
(b)is employed by the Legal Services Commission, or by any body established and maintained by that Commission.
(1A)Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.]
(2)Rules of a [F39regulator] fall within this subsection if they are—
(a)[F40conduct rules] prohibiting or limiting the exercise of the right on behalf of members of the public by members of the [F39regulator] 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 [F39regulator],
and either of the conditions specified in subsection (3) is satisfied.
(3)Those conditions are—
(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 [F41regulator] who have the right but are not employees.
[F42(4)For the purposes of this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]]
Textual Amendments
F37S. 31B inserted (31.7.2000) by 1999 c.22, s. 38 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 2(a)
F38S. 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)
F39Words 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)
F40Words 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)
F41Word 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)
F42S. 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)
[F44(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 [F45the 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 [F46relevant approved regulator] mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that [F46relevant approved regulator] has not lifted the ban.
[F47(4)In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]]
Textual Amendments
F44S. 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)
F45Words 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)
F46Words 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)
F47S. 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)
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50Ss. 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)}
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Ss. 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)}
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F52Ss. 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)}
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F53Ss. 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)}
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F54Ss. 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)}
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F55Ss. 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)}
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F56Ss. 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)}
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F57Ss. 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)}
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F58Ss. 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)}
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F59Ss. 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)}
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F60Ss. 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)}
F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F61Words 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)
F62Ss. 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)}
F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F63Words 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)
F64Ss. 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)}
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F65Ss. 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)}
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F66Ss. 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)}
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F67Ss. 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)}
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F68Ss. 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)}
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F69Ss. 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)}
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F70Ss. 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)}
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F71Ss. 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)}
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F72Ss. 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)}
[F73(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 only if the person is a licensed conveyancer.
(3)Where the Council authorises a licensed conveyancer to carry on a relevant activity, it is to do so by issuing a licence to the licensed conveyancer.]
(4)Any such licence may be granted as a separate licence or as part of a composite licence comprising the licensed conveyancer’s licence issued under Part II of the Administration of Justice Act 1985 and any other licence which the Council may grant to the licensed conveyancer concerned.
(5)F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F75(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 [F76Lord 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 [F77Lord Chancellor] under subsection (8), the provisions of Part II of the Act of 1985 shall, with the necessary modifications, apply with respect to—
(a)any application for an advocacy, litigation or probate licence;
(b)any such licence;
(c)the practice of any licensed conveyancer which is carried on by virtue of any such licence;
(d)rules made by the Council under Schedule 8;
(e)F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)any other matter dealt with by this section or Schedule 8,
as they apply with respect to the corresponding matters dealt with by Part II of that Act.
[F79(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;
(c)“relevant activity” means an activity which is a reserved legal activity—
(i)which is within subsection (1A), and
(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.]
Textual Amendments
F73S. 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)
F74S. 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)
F75S. 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)
F76Words 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)
F77Words 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)
F78S. 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)
F79S. 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)
Commencement Information
I10S. 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
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F80S. 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)
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F81S. 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)
(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 M12Commissioners 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 M13[F82Senior Courts Act 1981].
Textual Amendments
F82S. 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
I11S. 56 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, sch.
Marginal Citations
(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 M14Public 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);
(b)section 1 of the M15Public 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 M16Public Notaries Act 1843 (which reduced the period of apprenticeship to five years);
(e)section 37 of the M17Welsh Church Act 1914 (appointment of public notaries to practise within particular districts in Wales); and
(f)section 29 of the M18Administration 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 M19Solicitors 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—
“Master” means the Master of the Faculties;
“the operative date” means the date on which subsection (1) comes into force or, if on that date the notary concerned is not a qualifying district notary (having held his faculty for less than five years)—
the date on which he becomes a qualifying district notary; or
such earlier date, after the commencement of subsection (1), as the Master may by rules prescribe for the purpose of this subsection;
“prescribed” means prescribed by rules made under this section; and
“qualifying district notary” means a person who—
holds a faculty as a notary appointed under section 2 of the Act of 1833 or section 37 of the Act of 1914; and
has held it for a continuous period of at least five years.
(10)Section 5 of the M20Ecclesiastical 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.
F83(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F83S. 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
I12S. 57 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
Marginal Citations
(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; and
(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 circumstances, above the amount which would be payable if it were not payable only in specified circumstances.
(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 [F85Lord 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 [F85Lord 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 [F85Lord Chancellor].
(5)If a conditional fee agreement is an agreement to which section 57 of the M21Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies, subsection (1) shall not make it unenforceable.]
Textual Amendments
F84Ss. 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)
F85Words 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
Modifications etc. (not altering text)
C3S. 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)
C4S. 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))
C5S. 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
(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 M22 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 M23Matrimonial Causes Act 1973;
[F87(b)the Adoption and Children Act 2002;]
(c)the M24Domestic Proceedings and Magistrates’ Courts Act 1978;
(d)Part III of the M25Matrimonial and Family Proceedings Act 1984;
(e)Parts I, II and IV of the M26Children Act 1989;
(f)[F88Parts 4 and 4A]of the M27Family Law Act 1996; F89. . .
[F90(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]
(g)the inherent jurisdiction of the High Court in relation to children.
(3)The requirements which the [F91Lord 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), the [F91Lord 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.
(6)A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee.
(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
F86Ss. 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)
F87S. 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
F88Words 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)
F89Word 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
F90S. 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
F91Words 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
Modifications etc. (not altering text)
C6S. 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)
C7S. 58A(6)(7) excluded (1.4.2000) by S.I. 2000/900, art. 2(1)(a)(b)
Marginal Citations
(1)A damages-based agreement which relates to an employment matter and satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement.
(2)But a damages-based agreement which relates to an employment matter and 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;
(b)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.
(4)The agreement—
(a)must be in writing;
(b)must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;
(c)must comply with such other requirements as to its terms and conditions as are prescribed; and
(d)must be made only after the person providing services under the agreement has provided prescribed 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.
(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);
“claims management services” has the same meaning as in Part 2 of the Compensation Act 2006 (see section 4(2) of that Act).
(8)Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).]
Textual Amendments
F92S. 58AA inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 154(2), 182(1)(e) (with s. 180, Sch. 22)
Prospective
(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—
(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
F93S. 58B inserted (prosp.) by 1999 c. 22, ss. 28, 108(1) (with Sch. 14 para. 7(2))
Modifications etc. (not altering text)
C8S. 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)
Textual Amendments
F94S. 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)
(1)The [F95Lord 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 [F96Lord 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.
[F97(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;
(c)prescribe the title or description which must be used 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 [F98Lord Chancellor] considers should be modified in order to give effect to the regulations.
(5)In this section “practitioner” means—
(a)a member of the Bar of Northern Ireland or a [F99solicitor 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
F95Words 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)
F96Words 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)
F97S. 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)
F98Words 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)
F99S. 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)
(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
F100S. 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)
(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.
F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F101S. 62 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F102S. 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)
(1)The following shall be inserted in the M28Sex Discrimination Act 1975 after section 35—
(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
“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 M29Race Relations Act 1976 after section 26—
(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.”
(1)The following shall be inserted in the M30Sex Discrimination Act 1975 after section 35A (as inserted by this Act)—
(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 M31Race Relations Act 1976 after section 26A (as inserted by this Act)—
(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;
(b)in respect of any terms on which he offers to take any person as his pupil; or
(c)by refusing, or deliberately omitting, to take a person as his pupil.
(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.”.
(1)Section 39 of the M32Solicitors 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 M33Public 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.
Textual Amendments
F103S. 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)
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104S. 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)
F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F105S. 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)
F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F106S. 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)
(1)In section 10(3) of the M34[F107Senior 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 ” [F108Senior Courts] qualification" if he has a right of audience in relation to all proceedings in the [F108Senior 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 [F108Senior 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 county courts;
(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 [F109exercisable by virtue of an authorisation given by a relevant approved regulator].
(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.
[F110(6)Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by [F111the relevant approved regulator] from exercising it shall not count towards the period mentioned in subsection (5)(b).]
[F112(6A)In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]
F113(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F113(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F107S. 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)
F108Words 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)
F109Words 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)
F110S. 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)
F111Words 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)
F112S. 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)
F113S. 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)
C9S. 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.
C10S. 71 applied (E.W.S.) (1.7.1992) by Social Security Administration Act 1992 (c. 5, SIF 113:1), ss. 191, 192(4)
C11S. 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
C12S. 71 applied (1.3.2000) by S.I. 2000/261, rule 2(2)(a)
C13S. 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
(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 M35[F114Senior 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
F114S. 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
(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 [F115Senior 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 [F115Senior Courts] to exercise those functions on his behalf in connection with that matter.
(3)Where the Master of the Rolls is incapable of exercising his relevant functions, the [F116Lord Chief Justice may, with the concurrence of the Lord Chancellor,] appoint a judge of the [F115Senior Courts] to exercise, on behalf of the Master of the Rolls, such of those functions as the [F117Lord 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 M36Law of Property Act 1922 (functions in relation to manorial documents);
(b)section 7(1) of the M37Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);
(c)the M38Solicitors Act 1974 (which gives the Master of the Rolls various functions in relation to solicitors);
(d)F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F119(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
F115Words 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)
F116Words 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
F117Words 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
F118S. 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)
F119S. 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
(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,
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.
(4)In section 14 of the M39County Courts Act 1984 (power of judge to impose penalty for an assault on an officer of the court) 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 as a judge.”
(5)In section 55 of that Act (power of judge to impose penalty for refusal to give evidence) after subsection (4) there shall be inserted—
“(4A)A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge.”
(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.”
(7)In section 42 of the M40Matrimonial and Family Proceedings Act 1984 (which allows certain county court proceedings to be taken in the principal registry of the Family Division) the following subsection shall be inserted after subsection (4)—
“(4A)Where a district judge of the principal registry is exercising jurisdiction in any matrimonial cause or matter which could be exercised by a district judge of a county court, he shall have the same powers in relation to those proceedings as if he were a district judge of a county court and the proceedings were in a county court.”
Commencement Information
I13S. 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.
Marginal Citations
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;
[F120(ba)carry on any notarial activities (within the meaning of the Legal Services Act 2007);]
(c)practise as a barrister, solicitor, public notary or licensed conveyancer, 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.
Textual Amendments
F120S. 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)
Modifications etc. (not altering text)
C14S. 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
(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)Registrar in Bankruptcy of the High Court;
(e)Taxing Master of the [F121Senior 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 M41Promissory 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
F121Words 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
Textual Amendments
F122Words 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)
(1)In section 92 of the M42[F124Senior Courts Act 1981] (tenure of office) for subsection (2) there shall be substituted—
“(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
F123Words 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)
F124S. 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
(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 M43Judicial Pensions Act 1981 there shall be inserted—
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 Appeals such superannuation allowances as the Lord Chancellor may, with the approval of the Treasury, determine.”
(3)F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F125S. 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
(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)—
(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
I14S. 79 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
For section 19 of the Judicial Pensions Act 1981 (determination of widow’s pension) there shall be substituted—
(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.
(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
I15S. 80 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Prospective
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 M44Sheriffs’ Pensions (Scotland) Act 1961.
Marginal Citations
(1)In the Judicial Pensions Act 1981, the following section shall be inserted after section 33—
(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);
(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.”
F126(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In Article 14 of the M45Social 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.”
Textual Amendments
F126S. 82(2) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2
Marginal Citations
(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 General);
(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)”.
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F127S. 84 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
Modifications etc. (not altering text)
After section 1 of the M46Solicitors Act 1974 (qualifications for practising as solicitor) there shall be inserted the following section—
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
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F128S. 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)
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F129S. 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)
F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F130S. 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)
(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);
[F131(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[F132 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 [F133Lord Chancellor] may by order provide that any enactment or instrument—
(a)passed or made before [F134or 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 [F135Lord Chancellor] sees fit to specify in the order.
(7)Subject to the provisions of Schedule 14, the [F136Lord Chancellor] may by order provide that any enactment or instrument—
(a)passed or made before [F137or 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 [F138managers] include one or more registered foreign lawyers, have effect with such additions, omissions or other modifications as the [F136Lord Chancellor] sees fit to specify in the order.
(8)Schedule 14 shall have effect for the purposes of supplementing this section.
[F139(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;
[F140“manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);]
[F141“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
F131S. 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)
F132Words 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)
F133Words 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)
F134Words 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)
F135Words 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)
F136Words 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)
F137Words 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)
F138Word 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)
F139S. 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)
F140S. 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)
F141S. 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)
C16S. 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
I16S. 89 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F142S. 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)
(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;
(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)”.
(1)Section 47 of the M47Solicitors 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 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
F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F143S. 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)
F144(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F144(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)After section 13A of that Act there shall be inserted the following section—
(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;
(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;
(c)by order revoke the direction; or
(d)make such other order as he thinks fit.”
Textual Amendments
F144S. 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)
In section 8 of the M48Solicitors 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
F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F145S. 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)
The following section shall be substituted for section 79 of the M49Solicitors Act 1974 (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).
(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
(1)Section 57 of the M50Solicitors 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
Textual Amendments
F146S. 99 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3
After section 43 of the M51[F147Senior Courts Act 1981] there shall be inserted the following section—
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
F147S. 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
I17S.100 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
Marginal Citations
Textual Amendments
F148S. 101 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3
Textual Amendments
F149S. 102 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2)); S.I. 1996/3146, art. 3
Textual Amendments
Prospective
(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;
(c)provides the borrower with a statement of—
(i)the price which will be payable by the borrower for each of the controlled services if they are all provided in accordance with the terms proposed by the lender; and
(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—
(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.
(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 [F151section 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;
“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 M52Law 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 [F152FCA] and such other persons as he considers appropriate.
Textual Amendments
F151Words 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)
F152Word 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
(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
(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.
(1)Every local weights and measures authority (“an authority") and the [F153FCA] 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 [F153FCA] 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 [F153FCA] notifies them of receipt of the notice and summary.
(5)Every authority shall, whenever the [F153FCA] requires, report to [F154it] in such form and with such particulars as [F154it] requires on the exercise of their functions under this section.
(6)A duly authorised officer of the [F153FCA] 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;
(c)require the production of any document which may be relevant to such an investigation;
(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.
(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.
[F155(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
F153Word 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)
F154Words 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)
F155S. 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)
Textual Amendments
F156S. 108 repealed (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)
(1)The M53Magistrates’ 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—
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.
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
(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—
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)F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F157S. 109(4) repealed (1.4.2005) by 2002 c. 26, ss. 86, 87(2), Sch. 13; S.R. 2005/109, art. 2, Sch.
F158S. 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
(1)In section 5 of the M54Parliamentary 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—
“6AAction 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
The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—
(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
I18S. 111 wholly in force at 1.5.1991 see s. 124(3) and S.I. 1991/985, art. 2(a)
The following section shall be inserted in the M55 Magistrates’ Courts Act 1980 after section 145 (which contains supplementary provisions about rules of court)—
(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—
(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
I19S. 112 wholly in force at 1.10.1991 see s. 124(3) and S.I. 1991/1883, art.2
Marginal Citations
F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F159S. 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)
F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F160S. 114 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
A report of a case made by a person who is not a barrister but who is a solicitor or has a [F161Senior Courts] qualification (within the meaning of section 71) shall have the same authority as if it had been made by a barrister.
Textual Amendments
F161Words 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
I20S. 115 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
(1)The provisions of Part I of Schedule 16 shall have effect for the purpose of making amendments to the M56 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
I21S. 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.
I22S. 116(3) wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Marginal Citations
Textual Amendments
F162S. 117 repealed (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)
Prospective
(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 M57 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
(1)In this Act—
“administration”, in relation to letters of administration, has the same meaning as in section 128 of the M58[F163Senior 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;
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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;
[F165“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, [F166the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court];
F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“licensed conveyancer” has the same meaning as it has in the M59Administration 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);
[F168“officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;]
[F169“the OFT” means the Office of Fair Trading;]
“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;
[F170“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);]
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“registered foreign lawyer” has the meaning given by section 89(9);
“right of audience” means the right to [F171appear before and address a court including the right to call and examine] witnesses;
“right to conduct litigation” means the right—
“solicitor” means solicitor of the [F175Senior Courts]; and
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)For the purposes of the definition of “conveyancing services” in subsection (1)—
“disposition”—
does not include a testamentary disposition or any disposition in the case of such a lease as is referred to in section 54(2) of the M60Law of Property Act 1925 (short leases); but
subject to that, includes in the case of leases both their grant and their assignment; and
“acquisition” has a corresponding meaning.
(3)In this Act any reference [F176to 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
F163S. 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)
F164S. 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)
F165S. 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)
F166S. 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)
F167S. 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)
F168S. 119(1): definition of "officer" inserted (6.4.2001) by S.I. 2001/1090, reg. 9(1), Sch. 5 para. 17
F169S. 119(1): definition of "the OFT" inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(9)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F170S. 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)
F171S. 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)
F172S. 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)
F173S. 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)
F174S. 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)
F175Words 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)
F176Words 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
(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.
(4)No instrument shall be made under section F177..., F178...F179. . . , [F18058(4),][F18158AA] 60, 89(5) or (7), 125(4) F182... or paragraph 9(c) of Schedule 14 unless a draft of the instrument has been approved by both Houses of Parliament.
(5)F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
F177Words in s. 120(4) omitted (27.4.1997) by virtue of 1997 c. 12, Sch. 2 para. 4; S.I. 1997/841, art. 3
F178Words 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)
F179Words 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)
F180Words 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)
F181Words in s. 120(4) inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 154(3), 182(1)(e) (with s. 180, Sch. 22)
F182Words 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)
F183S. 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)
Any expenses incurred by the Lord Chancellor under this Act shall be payable out of money provided by Parliament.
An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the M61Northern 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 M62Judicial 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.
(1)The following provisions of this Act extend to Scotland—
(a)section 65;
(b)section 71(2), so far as necessary;
(c)sections 79 to 83;
(d)sections 104 to 107;
(e)section 116, this section and sections 124 and 125, so far as necessary;
F184(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;
F185(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
F184S. 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
F185S. 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
(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.
(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
P1S. 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
P2S. 124(3) power partly exercised: 7.12.2004 appointed for specified provisions by {S.I. 2004/2950}, art. 2
Modifications etc. (not altering text)
(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 [F186Lord 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.
[F187(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
F186Words 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)
F187S. 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)
C18S. 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
I23S. 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F188Sch. 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F190Sch. 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
Section 21.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F191Sch. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F192Sch. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F270Sch. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F276Sch. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F277Sch. 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)
Section 53.
1E+WIn this Schedule—
“the M67Act of 1985” means the Administration of Justice Act 1985;
“advocacy licence” means a licence issued under section 53 [F278by which the Council authorises the licensed conveyancer concerned to exercise a right of audience;]
“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;
“litigation licence” means a licence issued under section 53 [F279by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute the conduct of litigation;]
“probate licence” means a licence issued under section 53 [F280by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute probate activities;] and
“relevant licence” means a licence under Part II of the Act of 1985 or an advocacy, litigation or probate licence.
[F281“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
F278Sch. 8 para. 1: words in definition of "advocacy licence" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F279Sch. 8 para. 1: words in definition of "litigation licence" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F280Sch. 8 para. 1; words in definition of "probate licence" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)
F281Sch. 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
I55Sch. 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
2(1)For the purpose of exercising the powers conferred by section 53 the Council may make such qualification regulations and [F282conduct rules] as it considers appropriate in connection with the [F283carrying on of the reserved legal activities] in question.E+W
(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).
Textual Amendments
F282Words 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)
F283Words 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
I56Sch. 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
3(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.E+W
(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
I57Sch. 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
4(1)If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that—E+W
(a)the applicant has complied with such qualification regulations, [F284conduct 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
(c)that he is a fit and proper person to [F285carry on the reserved legal activities] in question,
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.
(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, with respect to any application under paragraph 3 and any licence in force under section 53 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
F284Words 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)
F285Words 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)
Commencement Information
I58Sch. 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
5(1)This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence—E+W
(a)for the first time;
(b)when a licence of the kind applied for which has previously been held by him has been subject to conditions;
(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 a licence of that kind;
[F286(d)after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 or the Discipline and Appeals Committee have made any order in his case under section 26(1) of that Act.]
(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 [F287activities that may be carried on] by the applicant by virtue of his having the advocacy, litigation or probate licence in question; or
(b)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 [F288carries on the additional activities] authorised by that licence,
and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) 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.
[F289(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
F286Sch. 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)
F287Words 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)
F288Words 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)
F289Sch. 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
I59Sch. 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
6(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.E+W
(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
I60Sch. 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
7E+WF290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F290Sch. 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)
8E+WWhere a licence issued under Part II of the Act of 1985 ceases to be in force (whether because it is suspended or the licensed conveyancer concerned is disqualified from holding such a licence or for any other reason), any advocacy, litigation or probate licence in force with respect to that licensed conveyancer at the time shall cease to have effect to the same extent as the licence under Part II of the Act of 1985.
Commencement Information
I61Sch. 8 Pt. 1 para. 8 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 8 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. 8 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
9(1)Where the Discipline and Appeals Committee have made any order directing that a licensed conveyancer shall be disqualified (either permanently or during a specified period) from holding an advocacy licence, a litigation licence or a probate licence, he shall not, while his disqualification continues in force, be issued with a licence of a kind to which the disqualification relates unless the Committee, on an application made to them in that behalf, direct otherwise.E+W
(2)An application under this paragraph shall not be made to the Committee—
(a)within ten months of the date of the Committee’s order relating to the kind of licence in question; or
(b)within ten months of a previous such application by the licensed conveyancer concerned with respect to that kind of licence.
[F291(3)In relation to proceedings on an application under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
(a)the Council;
(b)the applicant.]
Textual Amendments
F291Sch. 8 para. 9(3) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(7) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
Commencement Information
I62Sch. 8 Pt. 1 para. 9 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 9 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. 9 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
10(1)Where the Discipline and Appeals Committee are satisfied that a relevant licence was issued to any person as a result of any error, or as a result of fraud on the part of that person, they may if they think fit by order revoke that licence and any other relevant licence issued to that person.E+W
(2)Where a person has had a relevant licence which was held by him revoked, he shall not be issued with any relevant licence except on the advice of the Committee given to the Council as the result of an application made by that person to the Committee.
(3)On any such application the Committee may, if they think fit, direct that the applicant shall be disqualified from holding any relevant licence, or a relevant licence of a specified kind, until the expiry of such period as may be specified in the direction.
(4)Paragraph 9 shall apply in relation to a direction under sub-paragraph (3) as it applies in relation to any direction of a kind mentioned in sub-paragraph (1) of that paragraph.
[F292(5)In relation to proceedings for the revocation of a licence under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
(a)the Council;
(b)the licensed conveyancer to whose licence the proceedings relate.
(6)In relation to proceedings on an application under sub-paragraph (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—
(a)the Council;
(b)the applicant.]
Textual Amendments
F292Sch. 8 para. 10(5)(6) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(8) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)
Commencement Information
I63Sch. 8 Pt. 1 para. 10 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 10 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. 10 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2
11E+WF293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F293Sch. 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)
12(1)[F294The] 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—E+W
(a)by a committee of the Council; or
[F295(b)by a sub-committee of such a committee; or
(c)by an individual (whether or not a member of the Council's staff).]
[F296(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.
(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.
[F297(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.
[F298(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.
[F299(10)This paragraph is subject to any provision to the contrary made by or under any enactment.]
Textual Amendments
F294Words 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)
F295Sch. 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)
F296Sch. 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)
F297Sch. 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)
F298Sch. 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)
F299Sch. 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
I64Sch. 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.
13E+WF300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F300Sch. 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)
14E+WF301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F301Sch. 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)
15E+WF302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F302Sch. 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)
16E+WF303. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F303Sch. 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)
17E+WF304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F304Sch. 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)
18E+WF305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F305Sch. 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)
19E+WF306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F306Sch. 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)
20E+WF307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F307Sch. 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)
21(1)Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it—E+W
(a)alleging professional misconduct by a licensed conveyancer; or
(b)F308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Council may give notice to the licensed conveyancer or his firm requiring the production or delivery to any person appointed by the Council, at a time and place to be fixed by the Council, of all documents in the possession of the licensed conveyancer or his firm in connection with the matters to which the complaint relates (whether or not they relate also to other matters).
(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
F308Sch. 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)
Commencement Information
I65Sch. 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.
22E+WWhere a licensed conveyancer—
(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.
Commencement Information
I66Sch. 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.
F30923E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F309Sch. 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)
24E+WIn 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
I67Sch. 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F310Sch. 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)
Section 71(2).
1U.K.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
(c)a practising member of the Bar of Northern Ireland.”
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.U.K.
(2)After that paragraph there shall be inserted—
“2AFor 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.”
3E+WF334. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F334Sch. 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
4E+WF335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F335Sch. 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)
F3365U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F336Sch. 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)
6(1)In F337. . . Schedule 9 to the Agriculture Act 1947 F337. . . E+W
(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
F337Words 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)
7U.K.F338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F338Sch. 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)
8U.K.
[F339In 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
F339Sch. 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)
9E+W+SIn 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" ”.
10U.K.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
(c)a member of the Bar of Northern Ireland of at least 10 years’ standing.”
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— U.K.
(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;
(c)a member of the Bar of Northern Ireland of at least 10 years’ standing;
(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;
(c)a member of the Bar of Northern Ireland of at least 7 years’ standing; or
(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
(c)a member of the Bar of Northern Ireland of at least 5 years’ standing.”
12U.K.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. ”
13N.I.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".
F34014E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F340Sch. 10 para. 14 repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99, Sch.7.
15U.K.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
(c)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.”
16E+W+SIn 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,”.
17EIn 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," ”.
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," ”.E
(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;" ”.
19EIn 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," ”.
20EIn paragraph 1(1) of the Second Schedule to that Measure (members of panel of examiners) for the words “who shall be either barristers at law or solicitors" there shall be substituted “ having a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) and" ”.
F34121U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F341Sch. 10 para. 21 repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2
F34222E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F342Sch. 10 para. 22 repealed (1.4.1999) by 1996 c. 16, s. 103, Sch. 9 Pt. II; S.I. 1999/533, art. 2
23E+W+SIn 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.”
24U.K.F343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F343Sch. 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)
25U.K.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)" ”.
26E+WF344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F344Sch. 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)
Textual Amendments
F345Words 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
Textual Amendments
F346Words 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 [F347Employment Tribunal] (England and Wales) Regulations 1965 (President of [F347Employment 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." ”E+W
(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.
Textual Amendments
F347Words 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
28U.K.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.”
F34829E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F348Sch. 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)
30U.K.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.”
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— E+W
(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—
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 [F349Employment Tribunals] or chairman of such a tribunal appointed under the [F349Employment 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.
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
F349Words 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
32E+WF350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F350Sch. 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)
33U.K.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,”.
F35134U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F351Sch. 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)
35U.K.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." ”
F35236E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F352Sch. 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)
F35337E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F353Sch. 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)
38E+W+SIn 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.”
39U.K.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,”.
40U.K.In section 42(3)(a) of the Aircraft and Shipbuilding Industries Act 1977 (president of the arbitration tribunal) for the words “a barrister 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)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,”.
41U.K.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.”
42E+WIn 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," ”.
F35443U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F354Sch. 10 para. 43 repealed (19.6.1997) by 1997 c. 24, ss. 23(3), 24(2), Sch. 6
F35544E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F355Sch. 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)
F35645E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F356Sch. 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)
F35746U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F357Sch. 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)
Textual Amendments
F358Sch. 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)
47E+WIn section 98(4) of the [F359Senior 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
F359Sch. 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)
48E+WIn 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." ”
49E+WF360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F360Sch. 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)
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" ”.E+W
(2)In subsection (2) of that section—
(a)for the word “barrister" there shall be substituted “ person" ”;
(b)F361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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" ”.
Textual Amendments
F361Sch. 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)
51E+WIn 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." ”
F36252U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F362Sch. 10 para. 52 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15
53U.K.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.”
54EIn Schedule 4 to the Pastoral Measure 1983 (compensation of clergy) in paragraph 15(1)(c) (constitution of Appeal Tribunal) for the words “are barristers at law or solicitors in England and Wales" there shall be substituted “ have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.
F36355U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F363Sch. 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)
56U.K.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.”
57E+WF364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F364Sch. 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)
F36558U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F365Sch. 10 para. 58 repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I. 2000/183, art. 2
59U.K.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.”
60E+WIn 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." ”
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)" ”.E+W
(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)" ”.
F36662U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F366Sch. 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)
63E+WIn section 48(1) of the Administration of Justice Act 1985 (action taken in reliance on counsel’s opinion on matter of construction) for the words “barrister of at least ten years’ standing" there shall be substituted “ person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
64E+WF367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F367Sch. 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)
65E+W+SFor 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.”
66U.K.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,”.
67E+WIn paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (members of the tribunal) for the words “are barristers, advocates or solicitors, in each case of at least 7 years’ standing" there shall be substituted—
“(i)have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(ii)are advocates or solicitors in Scotland of at least 7 years’ standing,”.
68U.K.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;”.
69U.K.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”.
70E+WIn 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”.
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— E+W+S
(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
(c)he holds or has held judicial office in England and Wales;
(d)he holds or has held judicial office in Scotland.”
(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.”
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—U.K.
“(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.”
73U.K.In section 145(3) of the Copyright, Designs and Patents Act 1988 (chairman of Copyright Tribunal) for the words from “unless he is a barrister" to the end there shall be substituted “unless—
(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.”
F36874U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F368Sch. 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)
75U.K.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.”
Section 75.
The following are the offices for the purposes of section 75—
[F369Judge 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
Registrar in Bankruptcy of the High Court
Taxing Master of the [F370Senior Courts]
Registrar of Civil Appeals
[F371Senior 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 F372. . . Judge Advocate General
[F373 District Judge (Magistrates’ Courts)]
Social Security Commissioner F374. . .
[F375President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals]
[F376President of the Employment Tribunals (England and Wales) or member of a panel of chairmen established by regulations under section 1(1) of the M68Employment Tribunals Act 1996 for employment tribunals for England and Wales]
F377. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F380Member of the Charity Commission appointed as provided in Schedule 1 to the Charities Act 2011. ]
Coroner appointed under section 2 of the M69Coroners Act 1988.
[F381Member of a Pensions Appeal Tribunal]
F382. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F383. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F384Judge or other member of the First-tier Tribunal—
appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or
who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act)
Judge or other member of the Upper Tribunal—
appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or
who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act)
Senior President of Tribunals
Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal]
Textual Amendments
F369Sch. 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)
F370Sch. 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)
F371Sch. 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)
F372Words 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
F373Entry 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)
F374Words 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)
F375Sch. 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)
F376Sch. 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
F377Sch. 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)
F378Sch. 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)
F379Sch. 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
F380Words 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)
F381Entry 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)
F382Sch. 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)
F383Sch. 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)
F384Sch. 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
Section 79(2).
Commencement Information
The following are the provisions which are inserted in the 1981 Act as Part IV of Schedule 2—
24In this Part of this Schedule—
“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.
25Subject to paragraph 26, no widower’s pension shall be payable in respect of a member who retires on or before the 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.
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—
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.
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
Section 81.
The following are the provisions which are inserted in the M70Judicial Pensions Act 1981, as Schedule 1A—
1[F385(1)] In this Schedule—
[F386“authorised insurer" means—
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
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.
[F387(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.]
2Regulations 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;
(d)may make different provision for different cases; and
(e)may make provision for consequential, transitional and incidental matters.
3Part 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.
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.
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.
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—
(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 [F388insurers]—
(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.
(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.
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.
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.
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,
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.
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.
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 [F389insurer], which satisfies prescribed requirements; or
(b)other prescribed pension arrangements; and
“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.
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.
13Regulations 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
F385Sch. 13: Para. 1 of inserted Sch. 1A renumbered para. 1(1) (1.12.2001) by S.I. 2001/3649, arts. 1, 326(2)
F386Sch. 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)
F387Sch. 13: Para. 1(2) inserted (1.12.2001) into inserted Sch. 1A by S.I. 2001/3649, arts. 1, 326(4)
F388Sch. 13: Word in para. 6(2)(c) of inserted Sch. 1A substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 326(5)
F389Sch. 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
1E+WIn this Schedule—
“the Act of 1974” means the Solicitors Act 1974;
F390. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F390. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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
F390Sch. 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
I69Sch. 14 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
2(1)An application for registration or for renewal of registration—E+W
(a)shall be made to the Society in such form as the [F391Society] may prescribe; and
(b)shall be accompanied by such fee as the [F391Society] may, with the concurrence of [F392the Legal Services Board] , prescribe.
(2)Where such an application is duly made by a foreign lawyer, the [F393Society] 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[F394 for members of that profession to be managers of recognised bodies.]
(3)F395. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The [F391Society] may make regulations, with the concurrence of the [F396Legal Services Board] , with respect to—
(a)the keeping of the register (including [F397the form of the register and] the manner in which entries are to be made, altered or removed); and
(b)applications for registration or renewal of registration.[F398 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)F399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F391Words 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)
F392Words 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)
F393Word 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)
F394Words 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)
F395Sch. 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)
F396Words 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)
F397Words 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)
F398Sch. 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)
F399Sch. 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)
C21Sch. 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))
C22Sch. 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))
C23Sch. 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))
C24Sch. 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))
C25Sch. 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
I70Sch. 14 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
[F4002A(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.E+W
(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.]
Textual Amendments
F400Sch. 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)
3(1)Every registration shall have effect from the beginning of the day on which it is entered in the register.E+W
(2)The [F401Society] 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 [F401Society] 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
F401Words 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)
C26Sch. 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))
C27Sch. 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
I71Sch. 14 para. 3 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
4E+WAny 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,
shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.
Commencement Information
I72Sch. 14 para. 4 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
5(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.E+W
(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 [F402Society 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 F403. . . ;
(b)in the case of a registered foreign lawyer who has died, the [F402Society 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 F403. . . ;
[F404(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 [F405Society 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;
[F406(ea)the Society is satisfied that he has abandoned his practice;]
[F407(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;]
(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 [F408Society 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 [F409a manager] of a recognised body which is so approved; or
(iii)he may only be such a member or such [F409a manager].
[F410(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)F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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)[F412the 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 [F413trust] ;
(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 [F414Society 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.
(9)The notices required to be given by this paragraph must be in writing but need not be given at the same time.
[F415(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
F402Words 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)
F403Words 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)
F404Sch. 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)
F405Words 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)
F406Sch. 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)
F407Sch. 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)
F408Words 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)
F409Words 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)
F410Sch. 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)
F411Sch. 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)
F412Words 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)
F413Word 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)
F414Words 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)
F415Sch. 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
I73Sch. 14 para. 5 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
[F4166E+WSection 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;”.]
Textual Amendments
F416Sch. 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
I74Sch. 14 para. 6 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
[F4177E+WSection 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.]
Textual Amendments
F417Sch. 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
I75Sch. 14 para. 7 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
[F4188E+WSection 34 of the Act of 1974 applies in relation to registered foreign lawyers as it applies in relation to solicitors.]
Textual Amendments
F418Sch. 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)
C28Sch. 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
I76Sch. 14 para. 8 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
F4199E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F419Sch. 14 para. 9 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 327
10(1)The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order.E+W
(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
I77Sch. 14 para. 10 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
11(1)Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended.E+W
(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
I78Sch. 14 para. 11 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
12(1)Where a person’s registration has been suspended by virtue of paragraph 11, it shall be revived—E+W
(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
I79Sch. 14 para. 12 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
13E+WWhere 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
I80Sch. 14 para. 13 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
14(1)Any foreign lawyer may appeal to the [F420High Court] against—E+W
(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; F421. . .
(d)any condition imposed by the Society under paragraph [F4222A], 12(2) or 13 [F423; or—
(e)a decision of the Society to remove his name from the register.]
(2)F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)On an appeal F425. . . under this paragraph, the [F426High Court] may make such order as [F427it] thinks fit.
[F428(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
F420Words 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)
F421Word 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)
F422Words 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)
F423Sch. 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)
F424Sch. 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)
F425Words 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)
F426Words 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)
F427Word 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)
F428Sch. 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)
C29Sch. 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
I81Sch. 14 para. 14 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
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.E+W
(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.
[F429(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;
(c)the payment by that foreign lawyer of a penalty F430. . . , which shall be forfeit to Her Majesty;
(d)the termination of that foreign lawyer’s unspecified period of suspension from registration;
(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)F431. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F429Sch. 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)
F430Words 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)
F431Sch. 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)
C30Sch. 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
I82Sch. 14 para. 15 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
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.E+W
(2)Rules under sub-paragraph (1) shall not be made without the concurrence of the [F432Legal 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
F432Words 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
I83Sch. 14 para. 16 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
17(1)An Appeal from the Tribunal shall[F433 lie to the High Court].E+W
(2)The High Court F434. . . shall have power to make such order on an appeal under this paragraph as [F435it] may think fit.
(3)Any decision [F436of 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)F437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F433Words 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)
F434Words 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)
F435Word 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)
F436Words 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)
F437Sch. 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
I84Sch. 14 para. 17 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
Section 93(3).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F438Sch. 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)
Section 116.
1E+WIn this Part of this Schedule “the Act of 1989” means the M71Children Act 1989.
Commencement Information
I85Sch. 16 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
Marginal Citations
2(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—E+W
““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
I86Sch. 16 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
F4393E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F439Sch. 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)
F4404E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F440Sch. 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)
F4415U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F441Sch. 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)
6(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 “— E+W
(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
I87Sch. 16 para. 6 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
F4427E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F442Sch. 16 para. 7 repealed (1.4.2001) by 2000 c. 43, s. 75, Sch. 8; S.I. 2001/919, art. 2(g) Table
8E+WAfter 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
I88Sch. 16 para. 8 wholly in force at 1.1.1991 see s. 124(3) and S.I 1990/2484, art. 2, Sch.
9(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" ”.E+W
(2)That amendment shall be deemed to have been incorporated in section 3A(1) as originally enacted.
Commencement Information
I89Sch. 16 para. 9 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
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 M72Family Law Reform Act 1969" ”.E+W
(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
I90Sch. 16 para. 10 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
Marginal Citations
11E+WIn 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
I91Sch. 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" ”.E+W
(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
I92Sch. 16 para. 12 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
13E+WAt 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.
(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
I93Sch. 16 para. 13 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
14E+WIn 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” ”F443. . . .
Textual Amendments
F443Words 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
I94Sch. 16 para. 14 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
15E+WIn 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
16E+WIn 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
I96Sch. 16 para. 16 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
F44417E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F444Sch. 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.E+W
(2)In subsection (1)(a), after the word “authority" there shall be inserted “ or an authorised person" ”.
(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
I97Sch. 16 para. 18 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
19E+WFor 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
I98Sch. 16 para. 19 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
20E+WF445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F445Sch. 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
21E+WF446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F446Sch. 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
22E+WIn 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" ”.
Commencement Information
I99Sch. 16 para. 22 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
23E+WIn section 94(1) (appeals), for the first word “An" there shall be substituted “ Subject to any express provisions to the contrary made by or under this Act, an" ”.
Commencement Information
I100Sch. 16 para. 23 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
24E+WIn 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
I101Sch. 16 para. 24 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
25E+W+N.I.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
I102Sch. 16 para. 25 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
26E+WIn 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
I103Sch. 16 para. 26 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
27E+WIn Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.
Commencement Information
I104Sch. 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.E+W
(2)In paragraph 1(6)(b)(i) of that Schedule, the words “as a voluntary home” shall be omitted.
Commencement Information
I105Sch. 16 para. 28 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
29E+WIn 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
I106Sch. 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.E+W
(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
I107Sch. 16 para. 30 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
31E+WIn 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
I108Sch. 16 para. 31 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
32E+WIn Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted.
Commencement Information
I109Sch. 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.E+W+N.I.
(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 “—
(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—
16AWhere 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
I110Sch. 16 para. 33 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
34E+W+SIn 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
I111Sch. 16 para. 34 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
35U.K.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 M73Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the M74Children Act 1989" ”.
Commencement Information
I112Sch. 16 para. 35 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
Marginal Citations
36E+W+SIn 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
I113Sch. 16 para. 36 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
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—E+W
“4An 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
I114Sch. 16 para. 37 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
38E+WIn Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which Act of 1971 applies) for paragraph 5 there shall be substituted—
“5An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.”
Commencement Information
I115Sch. 16 para. 38 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
39F447(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F447(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
F447Sch. 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
I116Sch. 16 para. 39 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
40E+WIn section 65(1) of the Magistrates’ Courts Act 1980 (meaning of family proceedings), paragraph (k) shall be omitted.
Commencement Information
I117Sch. 16 para. 40 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
41U.K.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
I118Sch. 16 para. 41 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
42E+W+SIn 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
I119Sch. 16 para. 42 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
Section 125(2).
1U.K.F448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F448Sch. 17 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
2E+WF449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F449Sch. 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
3E+WF450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F450Sch. 17 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
4E+W+N.I.F451. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F451Sch. 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)
Prospective
5E+WIn section 6 of the Attachment of Earnings Act 1971 (effect of attachment of earnings order), the following subsections shall be added at the end—
“(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.”
6E+WIn 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
I120Sch. 17 para. 6 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
7E+WF452. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F452Sch. 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))
8E+WF453. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F453Sch. 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)
9E+WF454. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F454Sch. 17 para. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
10E+WF455. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F455Sch. 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)
F45611E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F456Sch. 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)
Textual Amendments
F457Sch. 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)
12E+WIn section 5(3) of the [F458Senior 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
F458Sch. 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)
13E+WIn 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,
was tendered to him at the time when the writ was served upon him. ”
Commencement Information
I121Sch. 17 para. 13 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
14E+WF459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F459Sch. 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)
15E+WIn 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.”
16E+WIn 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.”
17E+WIn 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
I122Sch. 17 para. 17 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
18E+WF460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F460Sch. 17 para. 18 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
Prospective
F46119E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F461Sch. 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)
20E+WF462. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F462Sch. 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)
Section 125(3).
1(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—U.K.
F463“. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”
F463“. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”
“The Legal Services Ombudsman”
“The Lord Chancellor’s Advisory Committee on Legal Education and Conduct”.
(2)F464. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F463Words 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)
F464Sch. 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)
Commencement Information
I123Sch. 18 para. 1 in force for certain purposes at 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2
F4652E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F465Sch. 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
3E+WIn 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
4E+W+N.I.F466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F466Sch. 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)
5E+WF467. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F467Sch. 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))
Prospective
6E+W+N.I.F468. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F468Sch. 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)
7E+WIn 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,”.
8E+WIn 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).”
9E+WF469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F469Sch. 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)
10E+WF470. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F470Sch. 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
11E+WF471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F471Sch. 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
12E+WF472. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F472Sch. 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)
13E+WIn 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
I124Sch. 18 para. 13 wholly in force at 1.6.1992 see s. 124 and S.I. 1992/1221, art. 2,Sch.
14E+WIn 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.”
15E+WIn 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.E+W
(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" ”.
17E+WIn 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
I125Sch. 18 para. 17 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
18E+WF473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F473Sch. 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
19E+W+N.I.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" ”.
20E+W+N.I.F474. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F474Sch. 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)
F47521E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F475Sch. 18 para. 21 repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10; S.I. 1997/1892, art. 3(1)
Prospective
22E+W+N.I.F476. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F476Sch. 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
23E+W+N.I.F477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F477Sch. 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)
F47824E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F478Sch. 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)
25(1)The Magistrates’ Courts Act 1980 shall be amended as follows.E+W
(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" ”.
(4)For the words—
(a)“solicitor” in sections 6(2)(a), 12(2), 128(1A)(ii) and (3B);
F479(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F480(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
there shall be substituted “ legal representative" ”.
(5)[F481For the words “counsel and solicitors” in section 8(4)(d) there shall be substituted “ the legal representatives" ”.]
(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" ”.
F482(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F479Sch. 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
F480Sch. 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)
F481Sch. 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)
F482Sch. 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
26E+W+N.I.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
I126Sch. 18 para. 26 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
27E+W+N.I.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" ”.
Commencement Information
I127Sch. 18 para. 27 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
28E+W+N.I.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
I128Sch. 18 para. 28 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
29E+W+N.I.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
I129Sch. 18 para. 29 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
30E+W+N.I.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
I130Sch. 18 para. 30 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Prospective
31E+W+N.I.The following section shall be inserted in that Act at the beginning of Part III—
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.”
32E+W+N.I.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—
“District judge.
Assistant district judge.”
33E+W+N.I.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
I131Sch. 18 para. 33 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
34E+W+N.I.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
I132Sch. 18 para. 34 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
35E+W+N.I.In paragraph 7(3) of Schedule 3 to that Act, after the word “widow’s" there shall be inserted “ widower’s" ”.
Commencement Information
I133Sch. 18 para. 35 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Textual Amendments
F483Sch. 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 [F484Senior Courts Act 1981] (Supreme Court Rule Committee)—E+W
(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.”
F485(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F484Sch. 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)
37E+WIn 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" ”.
38E+WFor 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”.
39E+WIn 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." ”E+W
(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" ”.
41E+WIn section 151(1) of that Act (interpretation), the following shall be inserted after the definition of “appeal”— “.
“arbitration agreement” has the same meaning as it has in the Arbitration Act 1950 by virtue of section 32 of that Act;”.
Commencement Information
I134Sch. 18 para. 41 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
42E+WIn 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" ”;
F486(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
F486Sch. 18 para. 42(b) repealed (31.3.1995) by 1993 c. 8, s. 31(2)(4), Sch. 9; S.I. 1995/631, art. 2
43E+WIn 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
I135Sch. 18 para. 43 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
44E+WIn 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
I136Sch. 18 para. 44 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
45E+WIn 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,”
Commencement Information
I137Sch. 18 para. 45 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
46E+WIn 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
I138Sch. 18 para. 46 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
47E+WFor 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.”
48E+WFor 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
I139Sch. 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—E+W
““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.”
(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), 27(6), 75(3)(f) and 79 of that Act there shall be substituted “ legal representatives" ”.
Commencement Information
I140Sch. 18 para. 49 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
Prospective
F48750E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F487Sch. 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)
F48851E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F488Sch. 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" ”.E+W
(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
I141Sch. 18 para. 52 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
53E+WIn 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
I142Sch. 18 para. 53 wholly in force at 1.5.1991 see s. 124(3) and S.I. 1991/985, art. 2(b)
54(1)Section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices) shall be amended as follows.E+W
(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
I143Sch. 18 para. 54 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
55E+WIn 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)" ”.
56E+WF489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F489Sch. 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)
57E+WIn 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.”
58E+WIn 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
I144Sch. 18 para. 58 wholly in force at 1.4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
F49059E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F490Sch. 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)
F49160E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F491Sch. 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)
F49261E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F492Sch. 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)
F49362E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F493Sch. 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)
F49463E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F494Sch. 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)
Section 125(6).
1E+WNothing 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.
F4952E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F495Sch. 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)
F4963E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F496Sch. 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)
Textual Amendments
F497Sch. 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)
4(1)Any direction given under section 83 of the [F498Senior 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.E+W
(2)This paragraph is without prejudice to section 17(2)(b) of the M75Interpretation Act 1978.
Textual Amendments
F498Sch. 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
5E+WFor the purposes of section 16(3)(c) of the M76Courts 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
6(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.E+W
(2)The M77Promissory 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
Textual Amendments
F499Words 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)
7E+WF500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F500Sch. 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)
8(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 M78Solicitors 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.E+W
(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
9E+W+N.I.The repeal by this Act of sections 18(3), 20(6) and 24 of the M79Judicial 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
I145Sch. 19 para. 9 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Marginal Citations
10(1)The repeal by this Act of subsection (3) of section 3 of the M80Superannuation (Miscellaneous Provisions) Act 1967 shall not affect its application in relation to any abatement made under that section.E+W+N.I.
(2)The repeal by this Act of subsection (3) of section 1 of the M81Superannuation (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 M82Courts 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 M83Administration 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 M84[F501Senior 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
F501Sch. 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
11(1)Notwithstanding the repeal by this Act of section 4 of the Solicitors Act 1974 (under which the M85Overseas 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.E+W
(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
12(1)Section 14 of the M86Solicitors Act 1974, as substituted by section 86 shall have effect, in relation to any practising certificate which is in force on the commencement of section 86, as if it provided for the replacement date for that certificate to be the 31st October following that commencement.E+W
(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
I146Sch. 19 para. 12 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
Marginal Citations
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.E+W
(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
I147Sch. 19 para. 13 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
14E+WSection 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 M87Administration 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
I148Sch. 19 para. 14 in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
Marginal Citations
15(1)The following provisions—E+W
(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
I149Sch. 19 para. 15 in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
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.E+W+N.I.
(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
(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).
17E+W+N.I.The repeal by this Act of section 1(1) of the M88Commissioners for Oaths Act 1889 shall not affect the power of the [F502Lord Chancellor] to revoke any appointment made by [F503the Lord Chancellor] under that provision.
Textual Amendments
F502Words 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)
F503Words 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
I150Sch. 19 para. 17 in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch
Marginal Citations
Section 125(7).
Extent Information
E2For extent of this Schedule see s. 123
Commencement Information
I151Sch. 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 | Extent of repeal |
---|---|---|
41 Geo. 3 c. 79. | The Public Notaries Act 1801. | 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. |
3 & 4 Will 4 c. 70. | The Public Notaries Act 1833. | The whole Act. |
6 & 7 Vict c. 90. | The Public Notaries Act 1843. | 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". |
8 & 9 Vict. c. 127. | The Small Debts Act 1845. | The whole Act. |
20 & 21 Vict.c. 43. | The Summary Jurisdiction Act 1857. | In section 6, the words from “Provided always" to the end. |
27 & 28 Vict.c. 24. | The Naval Agency and Distribution Act 1864. | In section 7, the words “or a proctor, attorney or solicitor" and “or becomes a proctor, attorney or solicitor".Section 23(1). |
52 & 53 Vict.c. 10. | The Commissioners for Oaths Act 1889. | In section 1, subsection (1) and in subsection (2) the words “by virtue of his commission". |
4 & 5 Geo 5 c. 91. | The Welsh Church Act 1914. | Section 37. |
9 & 10 Geo. 5c. 53. | The War Pensions (Administrative Provisions) Act 1919. | In the Schedule, in paragraph 2(i) the words from “being a barrister" to “standing". |
6 & 7 Geo. 6c. 39. | The Pensions Appeal Tribunals Act 1943. | Section 13(c). |
12 & 13 Geo. 6c. 42. | The Lands Tribunal Act 1949. | In section 8(1), the definition of “barrister-at-law". |
14 Geo. 6 c. 27. | The Arbitration Act 1950. | Section 12(6)(b). |
14 Geo. 6 c. 37. | The Maintenance Orders Act 1950. | Section 16(2)(a)(vii). |
14 & 15 Geo. 6c. 46. | The Courts-Martial (Appeals) Act 1951. | Section 28(5).Section 31(5). |
4 & 5 Eliz. 2 c. 46. | The Administration of Justice Act 1956. | Section 37.Section 53. |
1961 c. 44. | The Barristers (Qualification for Office) Act 1961. | The whole Act. |
1967 c. 28. | The Superannuation (Miscellaneous Provisions) Act 1967. | Section 3. |
1969 c. 7 (N.I.). | The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969. | Section 1. |
1969 c. 46. | The Family Law Reform Act 1969. | Section 6. |
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 Act 1969. | Section 29. |
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). |
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 [F504Senior 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)" 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 Act 1985. | Section 1.Section 3.In 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. |
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
F504Sch. 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)
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