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”—

  1. a

     in relation to any right of audience or proposed right of audience, have the meanings given in section 27; and

  2. b

     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;

• F14“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—

  1. a

     F16a tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council); F17and

  2. b

     F18any court-martial; and

  3. c

     a statutory inquiry within the meaning of F15section 16(1) of the Tribunals and Inquiries Act 1992;

• “designated judge” means the Lord Chief Justice, the Master of the Rolls, F1the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court;

• F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “duly certificated notary public” has the same meaning as it has in the M6Solicitors 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 M2Administration 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);

• F3“officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;

• F4“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”—

  1. a

     in relation to any right of audience or proposed right of audience, have the meanings given in section 27; and

  2. b

     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 F5appear before and address a court including the right to call and examine witnesses;

• “right to conduct litigation” means the right—

  1. a

     to F6issue proceedings before any court ; and

  2. b

     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).

For the purposes of the definition of “conveyancing services” in subsection (1)—

• “disposition”—

  1. i

     does not include a testamentary disposition or any disposition in the case of such a lease as is referred to in section 54(2) of the M3Law of Property Act 1925 (short leases); but

  2. ii

     subject to that, includes in the case of leases both their grant and their assignment; and

• “acquisition” has a corresponding meaning.

In this Act any reference (including those in sections 27(9) and 28(5)) to rules of conduct includes a reference to rules of practice .

Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.

Any such regulations or order may make different provision for different cases or classes of case.

Any such regulations or order may contain such incidental, supplemental or transitional provisions or savings as the person making the regulations or order considers expedient.

No instrument shall be made under section F7. . ., 26(1)F8. . . , F958(4), 60, 89(5) or (7), 125(4) F19, 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.

An Order in Council shall not be made in pursuance of a recommendation made under F20 Part I or Part IV of Schedule 4 unless a draft of the Order has been approved by both Houses of Parliament.

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.

The other provisions of this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or by the Secretary of State or by both, acting jointly.

Different dates may be appointed for different provisions of this Act and for different purposes.

This Act may be cited as the Courts and Legal Services Act 1990.

The minor amendments set out in Schedule 17 shall have effect.

The consequential amendments set out in Schedule 18 shall have effect.

The F12Lord 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.

The transitional provisions and savings set out in Schedule 19 shall have effect.

The repeals set out in Schedule 20 (which include repeals of certain enactments that are spent or of no further practical utility) shall have effect.