Courts and Legal Services Act 1990

The [F1 Senior Courts Act 1981] (c. 54) E+W+N.I.

Textual Amendments

F1 Sch. 18 para. 36 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

36 (1) In section 85 of the [F2 Senior 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.”

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 18 para. 36: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F3 Sch. 18 para. 36(2) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 1 para. 7

37 E+W In section 89(2) of that Act (person appointed as Queen’s coroner and attorney and master of the Crown Office to be master of Queen’s Bench Division) after the words “Crown Office" there shall be inserted “ and Registrar of criminal appeals" ”.

38 E+W For section 89(3)(e) of that Act (Senior Registrar of Family Division) there shall be substituted—

“(e) one of the district judges of the Principal Registry of the Family Division as Senior District Judge of that Division; and”.

39 E+W In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—

“(3A) The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation to any proceedings.

(3B) When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of section 28(2)(a) of the Courts and Legal Services Act 1990 shall be treated as having acquired that right solely by virtue of subsection (3A).”

40 (1) In section 100(1) of that Act (county court registrar to be appointed as district registrar for each district registry) for the words “county court registrar as a district registrar of the High Court" there shall be substituted “ district judge for a county court district, appointed under section 6 of the County Courts Act 1984, as a district judge of the High Court." ” 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" ”.

41 E+W In 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

I1 Sch. 18 para. 41 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.