- Latest available (Revised)
- Point in Time (01/04/2003)
- Original (As enacted)
Version Superseded: 19/08/2003
Point in time view as at 01/04/2003.
Courts and Legal Services Act 1990, Cross Heading: Supplemental is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this Act—
“administration”, in relation to letters of administration, has the same meaning as in section 128 of the M1Supreme Court 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;
“authorised advocate” means any person (including a barrister or solicitor) who has a right of audience granted by an authorised body in accordance with the provisions of this Act;
“authorised body” and “appropriate authorised body”—
in relation to any right of audience or proposed right of audience, have the meanings given in section 27; and
in relation to any right to conduct litigation or proposed right to conduct litigation, have the meanings given in section 28;
“authorised litigator” means any person (including a solicitor) who has a right to conduct litigation granted by an authorised body in accordance with the provisions of this Act;
“authorised practitioner” has the same meaning as in section 37;
[F1“Consultative Panel” means the Legal Services Consultative Panel;]
“conveyancing services” means the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land;
“court” includes—
any tribunal which the Council on Tribunals is under a duty to keep under review;
any court-martial; and
a statutory inquiry within the meaning of [F2section 16(1) of the Tribunals and Inquiries Act 1992];
“designated judge” means the Lord Chief Justice, the Master of the Rolls, the President of the Family Division or the Vice-Chancellor;
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“duly certificated notary public” has the same meaning as it has in the M2Solicitors Act 1974 by virtue of section 87(1) of that Act;
“the general principle” has the meaning given in section 17(4);
“licensed conveyancer” has the same meaning as it has in the M3Administration 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);
[F4“officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;]
[F5“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;
“qualification regulations” and “rules of conduct”—
in relation to any right of audience or proposed right of audience, have the meanings given in section 27; and
in relation to any right to conduct litigation or proposed right to conduct litigation, have the meanings given in section 28;
“qualified person” has the meaning given in section 36(6);
“registered foreign lawyer” has the meaning given by section 89(9);
“right of audience” means the right to [F6appear before and address a court including the right to call and examine] witnesses;
“right to conduct litigation” means the right—
to [F7issue] proceedings before any court; and
to perform any ancillary functions in relation to proceedings (such as entering appearances to actions);
“solicitor” means solicitor of the Supreme Court; and
“the statutory objective” has the meaning given in section 17(2).
(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 M4Law 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 (including those in sections 27(9) and 28(5)) to rules of conduct includes a reference to rules of practice.
Textual Amendments
F1S. 119(1): definition of “Consultative Panel" inserted (1.1.2000) by 1999 c.22, s. 35(3) (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a)
F2Words in para. (c) in the definition of "court" in s. 119(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53, SIF 127), ss. 18(1), 19(2), Sch. 3 para. 35
F3S. 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)
F4S. 119(1): definition of "officer" inserted (6.4.2001) by S.I. 2001/1090, reg. 9(1), Sch. 5 para. 17
F5S. 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)
F6S. 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)
F7S. 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)
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 F8. . ., 26(1), 37(10), 40(1), [F958(4),] 60, 89(5) or (7), 125(4) [F10, paragraph 24 of Schedule 4, paragraph 4] or 6 of Schedule 9 or paragraph 9(c) of Schedule 14 unless a draft of the instrument has been approved by both Houses of Parliament.
(5)An Order in Council shall not be made in pursuance of a recommendation made under [F11 Part I or Part IV of Schedule 4] unless a draft of the Order has been approved by both Houses of Parliament.
(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
F8Words in s. 120(4) omitted (27.4.1997) by virtue of 1997 c. 12, Sch. 2 para. 4; S.I. 1997/841, art. 3
F9Words 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)
F10Words in s. 120(4) substituted (1.1.2000) by 1999 c. 22, s. 43, Sch. 6 para. 11(1)(2) (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a)
F11Words in s. 120(5) substituted (1.1.2000) by 1999 c. 22, s. 43, Sch. 6 para. 11(1)(3) (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a)
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 M5Northern 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 M6Judicial 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;
F12(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;
F13(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
F12S. 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
F13S. 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 Lord Chancellor may by order make such amendments or repeals in relevant enactments as appear to him to be necessary or expedient in consequence of any provision made by Part II with respect to advocacy, litigation, conveyancing or probate services.
(5)In subsection (4) “relevant enactments” means such enactments or instruments passed or made before or in the same Session as this Act as may be specified in the order.
(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.
Commencement Information
I1S. 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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: