Valid from 01/04/1991
Textual Amendments
8(1)The Board may appoint such staff, and shall pay them such remuneration, as it may determine.
(2)The Board may, as regards any of its staff—
(a)pay to or in respect of them such pensions, allowances or gratuities, as it may determine; or
(b)provide and maintain for them such schemes (whether or not contributory) for the payment to or in respect of them of such pensions, allowances or gratuities, as it may determine.
(3)The references in sub-paragraph (2) to pensions, allowances or gratuities include references to pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s staff who suffer loss of employment or loss or diminution of emoluments.
Commencement Information
I1Sch. 5 para. 8 in force 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.
Section 21.
Textual Amendments
F2Sch. 3 repealed (prosp.) by Legal Services Act 2007 (c. 29), ss. 159(2)(b), 210, 211, Sch. 23 (with ss. 29, 192, 193)
1(1)The Lord Chancellor may give general directions concerning the discharge of the functions of the Legal Services Ombudsman.
(2)Any such directions shall be published by the Lord Chancellor in such manner as appears to him to be appropriate.
(3)Subject to any such direction and to the provisions of this Act, the Ombudsman may make such provision as he considers appropriate for the discharge of his functions.
(4)The Ombudsman may, in particular, make provision as to—
(a)the procedure to be followed in relation to any investigation conducted by him or on his behalf;
(b)the form and conduct of any such investigation;
(c)the form, content and publication of reports under section 23.
2(1)The Ombudsman may delegate any of his functions to such members of his staff as he thinks fit.E+W
(2)All recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.
3(1)The Lord Chancellor shall pay to, or in respect of, the Ombudsman, such amounts—
(a)by way of remuneration, pensions, allowances or gratuities; or
(b)by way of provision for any such benefits,
as he may determine with the approval of the Treasury.
(2)If—
(a)the Ombudsman ceases to hold office; and
(b)it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation,
the Lord Chancellor may pay to him such sum as the Lord Chancellor may, with the consent of the Treasury, determine.
4(1)The Ombudsman may appoint such staff as he thinks necessary for the discharge of his functions.
(2)Appointments shall be made by the Ombudsman on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the Lord Chancellor given with the consent of the Treasury, determine.
(3)The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Ombudsman’s staff who suffer loss of employment or loss or diminution of emoluments.
5(1)The Ombudsman shall make an annual report to the Lord Chancellor on the discharge of his functions during the year to which the report relates.
(2)The Ombudsman may, in addition, report to the Lord Chancellor at any time on any matter relating to the discharge of the Ombudsman’s functions.
(3)The Ombudsman shall provide the Lord Chancellor with such information relating to the discharge of his functions as the Lord Chancellor may see fit to require.
(4)The Lord Chancellor shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).
6(1)The Ombudsman shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year.
(2)The accounts shall be kept, and the statement of accounts prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct.
(3)The accounts shall be audited by persons appointed by the Lord Chancellor in respect of each financial year.
(4)The auditors shall send to the Lord Chancellor a copy of the statement of accounts and of their report.
(5)The Lord Chancellor shall lay before each House of Parliament a copy of every statement of accounts and auditors’ report sent to him under this paragraph.
7(1)Any expenses of the Ombudsman incurred under this Act shall be defrayed by the Lord Chancellor out of money provided by Parliament.
(2)The Ombudsman may, with the approval of the Lord Chancellor, pay fees or allowances to any person who, in the Ombudsman’s opinion, is qualified to assist him in the discharge of his functions and who so assists him.
8(1)In Part III of Schedule 1 to the M1House of Commons Disqualification Act 1975 (disqualifying offices) the following entry shall be inserted at the appropriate place— “ The Legal Services Ombudsman ”.U.K.
(2)The same entry shall be inserted at the appropriate place in Part III of Schedule 1 to the M2Northern Ireland Assembly Disqualification Act 1975.
9(1)The Lord Chancellor may appoint a person to exercise the functions of the Ombudsman where—
(a)the Ombudsman’s office becomes vacant; or
(b)the Ombudsman—
(i)is incapable of exercising his functions; or
(ii)considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason).
(2)A person so appointed shall have the powers of the Ombudsman but shall act only in accordance with the terms on which he is appointed.
(3)The Lord Chancellor may pay to any person so appointed such remuneration as he may determine with the approval of the Treasury.
Prospective
Section 41.
Textual Amendments
1(1)A Tribunal hearing any appeal shall have power to—
(a)investigate the facts on which the decision appealed against was based;
(b)order the production of documents which it considers are relevant to the appeal;
(c)summon witnesses;
(d)consider fresh evidence, including evidence which could have been produced to the Board before it made the decision in question;
(e)admit any evidence which it considers is relevant to the hearing even though it would not be admissible in proceedings before a court.
(2)On determining any appeal, a Tribunal may—
(a)confirm, reverse or vary any decision of the Board which is the subject of the appeal; or
(b)remit the case to the Board with directions as to the action to be taken by the Board.
2(1)The Lord Chancellor may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, Tribunals.
(2)The regulations may, in particular, make provision—
(a)as to the period within which appeals must be brought;
(b)for the holding of hearings in private in prescribed circumstances;
(c)as to the persons who may appear on behalf of the parties;
(d)for enabling hearings to be conducted even though a member of the Tribunal, other than the Chairman, is absent;
(e)as to the disclosure by the appellant, and others, of documents and the inspection of documents;
(f)requiring persons to attend the proceedings and give evidence;
(g)as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f);
(h)authorising the administration of oaths to witnesses;
(i)as to the withdrawal of appeals;
(j)as to costs and expenses incurred by any party to the proceedings; and
(k)authorising preliminary or incidental matters in relation to an appeal to be dealt with by the Chairman of the Tribunal hearing that appeal.
3(1)The Lord Chancellor may, with the consent of the Treasury, make such provision as he thinks fit for—
(a)the allocation of staff for any Tribunal;
(b)the remuneration of members of Tribunals and the reimbursement of their expenses;
(c)defraying any reasonable expenses incurred by any Tribunal.
(2)Any sums payable under any provision made by the Lord Chancellor under sub-paragraph (1) shall be paid out of money provided by Parliament.
Prospective
Section 43(4).
Textual Amendments
1In this Schedule “the scheme” means the “Conveyancing Ombudsman Scheme" established by rules made under section 43(1).
2The scheme may provide—
(a)for the Conveyancing Ombudsman to appoint his staff; and
(b)for the establishment and functioning of an independent body (whether corporate or unincorporate) to administer the scheme.
3(1)The scheme may provide for the Conveyancing Ombudsman—
(a)to pay, as regards any of his staff, such remuneration and travelling and other allowances as he may determine with the approval of the Board; and
(b)to pay such pensions, allowances or gratuities to or in respect of any of his staff as may be so determined.
(2)The reference in sub-paragraph (1) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Conveyancing Ombudsman’s staff who suffer loss of employment or loss or diminution of emoluments.
4The jurisdiction of the Conveyancing Ombudsman shall be determined by the scheme.
5The scheme may provide for the Conveyancing Ombudsman not to have jurisdiction to investigate complaints unless—
(a)the procedure for investigating complaints which is maintained by the authorised practitioner against whom the complaint is made has been exhausted; or
(b)the Conveyancing Ombudsman considers that the circumstances of the case are such as to justify his investigating the complaint before that procedure has been exhausted.
6The scheme shall require the Conveyancing Ombudsman to investigate any complaint which falls within his jurisdiction and which is properly made to him in accordance with the provisions of the scheme.
7The scheme may empower the Conveyancing Ombudsman, when investigating any complaint, to investigate the subject matter of the complaint as well as the way in which it has been handled by the authorised practitioner concerned.
8The scheme shall—
(a)confer on the Conveyancing Ombudsman power to require—
(i)information and documents relevant to any investigation under the scheme to be furnished to him;
(ii)the payment by an authorised practitioner of compensation where loss has been suffered by, or inconvenience or distress has been caused to, any person as a result of any matter in respect of which a complaint made against that practitioner has been investigated under the scheme;
(b)provide for an authorised practitioner against whom a determination has been made by the Conveyancing Ombudsman, on an investigation under the scheme, to be relieved of the obligation to comply with that determination on publishing, in such manner as may be required by the scheme, details of the determination and of the practitioner’s reasons for failing to comply with it.
9The scheme may provide that compensation which the Conveyancing Ombudsman may require to be paid by virtue of any provision made under paragraph 8(a)(ii) is not to exceed a specified amount.
10Subject to paragraphs 11 and 12, a determination of the Conveyancing Ombudsman under the scheme which is, by virtue of the complainant’s acceptance of it, binding on the authorised practitioner concerned shall be final and shall not be questioned in any court of law.
11Paragraph 10 does not apply where the authorised practitioner concerned is, by provisions of the scheme made by virtue of paragraph 8(b), relieved of the obligation to comply with the Conveyancing Ombudsman’s determination.
12Where a determination of the Conveyancing Ombudsman is binding on an authorised practitioner, the Conveyancing Ombudsman shall, at the request of that practitioner, state a case for the opinion of the High Court on any question of law.
13Where a case is so stated the High Court may direct the Conveyancing Ombudsman to reconsider the complaint.
14A decision of the High Court under paragraph 13 shall be treated as a judgment of the High Court within the meaning of section 16 of the M3Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals).
Marginal Citations
15No appeal shall lie from any decision of the High Court under paragraph 13 without the leave of the Court of Appeal.
16Nothing in this Schedule is to be taken as prejudicing the generality of the power to make rules under section 43.
Valid from 07/12/2004
Section 55.
Prospective
1(1)Where the Lord Chancellor receives an application from a professional or other body (“the applicant") for approval under this Schedule, he shall refer the application to the Advisory Committee.
(2)It shall be the duty of the Advisory Committee to consider the application and to give to the Lord Chancellor such advice as it considers appropriate.
Prospective
2(1)When the Lord Chancellor has received the Advisory Committee’s advice he shall refer the application, together with that advice, to the President of the Family Division.
(2)It shall be the duty of the President to consider the application, in the light of that advice, and to give to the Lord Chancellor such advice as he considers appropriate.
(3)If the President asks the Committee to give him advice with respect to the application, it shall be the duty of the Committee to do so.
Prospective
3The applicant shall provide the Lord Chancellor, the Advisory Committee and the President with any information that they may reasonably require.
Prospective
4Having considered the advice given to him by the Advisory Committee and by the President, the Lord Chancellor may by order approve the application if, but only if, he is satisfied that the applicant has in force suitable arrangements—
(a)for training; and
(b)for ensuring that any person to whom the applicant grants the exemption mentioned in section 55(1) will at all times, while exempt, comply with the requirements of section 55(2)(a) to (e).
Prospective
5(1)If the Lord Chancellor proposes to refuse the application he shall give the applicant written notice of his proposal.
(2)The notice shall—
(a)give the Lord Chancellor’s reasons for proposing to refuse the application; and
(b)inform the applicant of the effect of sub-paragraph (3).
(3)Where such a notice is served, it shall be the duty of the Lord Chancellor, before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.
(4)For the purposes of sub-paragraph (3), representations are duly made if—
(a)they are made to the Lord Chancellor before the end of the period of 28 days beginning with the day on which the notice is served; and
(b)unless the Lord Chancellor directs in a particular case, they are in writing.
(5)If the Lord Chancellor refuses the application he shall give notice to the applicant in writing.
(6)Any notice given under sub-paragraph (5) must give the Lord Chancellor’s reasons for refusing the application.
Prospective
6(1)The revocation of any approval given under this Schedule shall be by order (“a revoking order") made by the Lord Chancellor.
(2)A revoking order may only be made if—
(a)the approved body has made a written request to the Lord Chancellor asking for it to be made;
(b)the approved body has agreed in writing to its being made; or
(c)the Lord Chancellor is satisfied that the circumstances at the time when he is considering the question are such that, had that body then been applying to become an approved body, its application would have failed.
(3)A revoking order may make such transitional and incidental provision as the Lord Chancellor considers necessary or expedient.
(4)Where a revoking order is made—
(a)the exemption granted to any person by the body with respect to whom the order is made shall cease to have effect, subject to any transitional provision made by the order; and
(b)the Lord Chancellor shall—
(i)give the body with respect to whom the order is made written notice of the making of the order;
(ii)take such steps as are reasonably practicable to bring the making of the order to the attention of members of that body; and
(iii)publish notice of the making of the order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the order.
Prospective
7(1)Where the Lord Chancellor is considering whether to make a revoking order by virtue of paragraph 6(2)(c)—
(a)he shall seek the advice of the Advisory Committee; and
(b)the Advisory Committee shall carry out such investigations with respect to the approved body as it considers appropriate.
(2)Where—
(a)the Lord Chancellor has not sought the advice of the Advisory Committee under sub-paragraph (1); but
(b)the Advisory Committee has reason to believe that there may be grounds for recommending that a revoking order be made under paragraph 6(2)(c) with respect to an approved body,
it may carry out such investigations with respect to the approved body as it considers appropriate.
(3)If, on concluding any investigation carried out under sub-paragraph (1) or (2), the Advisory Committee considers that there are grounds for recommending the making of a revoking order with respect to the approved body concerned, it shall advise the Lord Chancellor accordingly.
Prospective
8(1)Where the Advisory Committee is carrying out an investigation under paragraph 7 it may require the approved body concerned to provide it with such information, including copies of such documents, as it may reasonably require for the purposes of the investigation.
(2)No person shall be required under sub-paragraph (1) to provide any information, or produce any copy of a document, which he could not be compelled to provide or produce in civil proceedings before a court.
(3)Where an approved body fails, without reasonable excuse, to comply with a request made to it by the Committee under sub-paragraph (1), paragraph 6(2)(c) shall be taken to have been satisfied in relation to that body.
Prospective
9(1)If the Advisory Committee advises the Lord Chancellor that there are grounds for recommending the making of a revoking order with respect to an approved body, the Lord Chancellor shall send written notice of that advice, and of the effect of such an order, to that body.
(2)Any such notice shall invite the approved body to make representations in writing to the Lord Chancellor or such person as he may appoint for the purpose.
(3)Any such representations must be made before the end of the period of three months beginning with the date on which the notice was given.
Prospective
10(1)Where—
(a)the Lord Chancellor has given notice to an approved body under paragraph 9(1); or
(b)is proposing to make a revoking order with respect to an approved body, by virtue of paragraph 6(2)(a) or (b),
he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the approved body and of any other persons who, in his opinion, are likely to be affected by any revoking order made with respect to that body.
(2)Any such steps shall include inviting those members and other persons to make representations to the Lord Chancellor or (as the case may be) to the person appointed by him for the purpose.
(3)Any such representations—
(a)shall, except in such circumstances as the Lord Chancellor may specify, be in writing; and
(b)must be made before the end of the period of three months beginning with such date as may be fixed by the Lord Chancellor.
Prospective
11(1)It shall be the duty of the Lord Chancellor to consider—
(a)any advice given to him by the Advisory Committee under paragraph 7; and
(b)any representations duly made under paragraph 9 or 10.
(2)Having done so, the Lord Chancellor shall—
(a)send to the President a copy of any such advice and of any such representations (including a note of any oral representations); and
(b)inform the President of his view as to whether or not a revoking order with respect to the approved body concerned should be made.
(3)It shall be the duty of the President—
(a)to consider the information sent to him by the Lord Chancellor;
(b)to inform the Lord Chancellor of his own decision in the matter; and
(c)to give his reasons, in writing, for his decision.
(4)No revoking order shall be made with respect to the approved body unless the Lord Chancellor and the President agree that it should be made.
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.”
3In section 132(2) of the Land Registration Act 1925 (district registrar and assistant district registrar)—
(a)for the words “is a barrister" to “ten years’ standing" there shall be substituted “has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990"; and
(b)for the words “is either a barrister" to the end there shall be substituted “has a 5 year general qualification, within the meaning of that section."
4In section 109(1) of the London Building Acts (Amendment) Act 1939 (constitution of appeal tribunal) in paragraph (b) for the words “barrister or a solicitor" there shall be substituted “ a person who has a general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990" ”.
5In paragraph 3(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (appointment of members of Appeal Tribunals) for paragraph (a) there shall be substituted—
“(a)a person who—
(i)has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(ii)is an advocate or solicitor in Scotland of at least 7 years’ standing;
(iii)is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;”.
6(1)In paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (chairman of agricultural land tribunal) for the words from “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." ”
(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)." ”
7In section 2(2) of the Lands Tribunal Act 1949 (President and members of Lands Tribunal)—
(a)after the words “person who" there shall be inserted “ (a)" ”;
(b)for the words “or a barrister-at-law of at least seven years’ standing" there shall be substituted
“(b)has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(c)is a member of the Bar of Northern Ireland of at least 7 years’ standing,”; and
(c)for the words “barristers-at-law or solicitors of the like standing" there shall be substituted “ persons falling within paragraph (b) or (c) or solicitors of the Supreme Court of Northern Ireland of at least 7 years’ standing" ”.
8In 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," ”.
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".
14In paragraph 1(2) of the First Schedule to the Charities Act 1960 (charity commissioners) for the words “barristers or solicitors" there shall be substituted “persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990."
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" ”.
21(1)In paragraph 1(1) of Schedule 4 to the Plant Varieties and Seeds Act 1964 (chairman of tribunal) for the words from “a barrister" to the end 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 (“a qualifying person")."
(2)In paragraph 2 of that Schedule (deputy chairman) for the words “a barrister or solicitor of not less than seven years’ standing" there shall be substituted “a qualifying person".
(3)In paragraph 3(a) of that Schedule (adaptations for Scotland)—
(a)for the word “barrister" there shall be substituted “qualifying person"; and
(b)for the words “an advocate" there shall be substituted “an advocate or solicitor in Scotland of at least 7 years’ standing."
(4)In paragraph 3A of that Schedule inserted by section 39(3)(b)(iv) of that Act (adaptations for Northern Ireland) in paragraph (a) after the word “Ireland" there shall be inserted “and as if for the references to a qualifying person there were substituted references to a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing."
22In paragraph 3(3) of Schedule 5 to the Police Act 1964 (chairman of inquiry on an appeal) in paragraph (a) for the words “barrister or solicitor" 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".
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.”
24In section 12(2) of the City of London (Courts) Act 1964 (appointment of Common Serjeant) for the words “he is a barrister of not less than ten years’ standing" there shall be substituted “ he has a 10 year Crown Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”
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)" ”.
26In section 17(1) of the Commons Registration Act 1965 (Commons Commissioners) for the words “barristers or solicitors of not less than seven years’ standing" there shall be substituted “ persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.
27(1)In regulation 3(1) of the Industrial Tribunal (England and Wales) Regulations 1965 (President of Industrial Tribunal) for the words “barrister or solicitor of not less than seven years’ standing" there shall be substituted “person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990."
(2)In regulation 5(2) of those regulations (chairman of tribunal) for the words “being barristers or solicitors of not less than seven years’ standing" there shall be substituted “who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,".
(3)The amendments by sub-paragraphs (1) and (2) of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations amending or revoking those provisions.
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.”
29E+W+SIn section 11(1) of the Hearing Aid Council Act 1968 (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.”
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—
(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 Industrial Tribunals or chairman of such a tribunal appointed under the Industrial 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.”
32(1)In section 21(2) of that Act (appointment of Recorders) for the words “he is a barrister or solicitor of at least 10 years’ standing" there shall be substituted “ 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." ”
(2)In section 24(1)(b) of that Act (appointment of assistant Recorders) for the words “any barrister or solicitor of at least 10 years’ standing" there shall be substituted “ any person who 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." ”
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,”.
34In paragraph 7 of Schedule 5 to the Immigration Act 1971 (president and members of Appeal Tribunal) for the words from “barristers" to the end there shall be substituted—
“(a)persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b)advocates or solicitors in Scotland of at least 7 years’ standing; or
(c)members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of at least 7 years’ standing.”
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." ”
36In section 97(3) of the Social Security Act 1975 (Social Security Commissioners) for the words “persons who are barristers, solicitors or advocates of not less than" there shall be substituted “persons who have a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, or advocates or solicitors in Scotland of at least".
37(1)In section 97(2E) of that Act (chairman of social security appeal tribunal) for the words “he is a barrister, advocate or solicitor of not less than" there shall be substituted “he has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, or he is an advocate or solicitor in Scotland of at least".
(2)In paragraph 1A(2) of Schedule 10 to that Act (President of social security and medical appeal tribunals) for the words “he is a barrister, advocate or solicitor of not less than" 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, or he is an advocate or solicitor in Scotland of at least".
(3)In paragraph 1A(3) of that Schedule (full-time chairman of such tribunals) for the words “he is a barrister, advocate or solicitor of not less than" there shall be substituted “he has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, or he is an advocate or solicitor in Scotland of at least".
(4)In paragraph 2(5) of Schedule 12 to that Act (chairman of medical appeal tribunal) for the words “he is a barrister, advocate or solicitor of not less than" there shall be substituted “he has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, or he is an advocate or solicitor in Scotland of at least".
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," ”.
43In paragraph 3(2) of Schedule 3 to the Nurses, Midwives and Health Visitors Act 1979 (Central Council to appoint assessors) for the words “barristers" to the end there shall be substituted—
“(a)persons who have a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b)advocates or solicitors in Scotland of at least 10 years’ standing; or
(c)members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of at least 10 years’ standing.”
44(1)In section 13(1) of the Justices of the Peace Act 1979 (appointment of stipendiary magistrates) for the words “barrister or solicitor of not less than seven years’ standing" there shall be substituted “person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,".
(2)In sections 31(2) and 34(1) of that Act (appointment of metropolitan stipendiary magistrates etc) for the words “is a barrister or solicitor of not less than seven years standing" there shall in each case be substituted “has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990".
45In section 26(1) of that Act (appointment of justices’ clerk) for the words “is a barrister or solicitor of not less than five years’ standing" there shall be substituted “has a 5 year magistrates’ court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,".
46In section 13(5) of the Social Security Act 1980 (appointment of deputy Social Security Commissioner) for the words “barrister, advocate or solicitor of not less than" 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, or an advocate or solicitor in Scotland of at least 10 years standing, or a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least".
47In section 98(4) of the Supreme Court 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)" ”.
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." ”
49For Schedule 2 to that Act (which sets out the persons eligible for appointment to certain offices in the Supreme Court) there shall be substituted—
References in this Schedule to a person having a general qualification shall be construed in accordance with section 71 of the Courts and Legal Services Act 1990.
| Part I | |
|---|---|
| 1.Office | 2.Persons qualified |
| 1. Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery. | 1.—(1) A person who has a 10 year general qualification.(2) A civil servant who has served at least 5 years in the Lord Chancellor’s Department. |
| 2. Official Solicitor. | 2. A person who has a 10 year general qualification. |
| Part II | |
|---|---|
| 1.Office | 2.Persons qualified |
| 3. Master, Queen’s Bench Division. | 3. A person who has a 7 year general qualification. |
| 4. Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals. | 4. A person who has a 10 year general qualification. |
| 5. Admiralty Registrar. | 5. A person who has a 7 year general qualification. |
| 6. Master, Chancery Division. | 6. A person who has a 7 year general qualification. |
| 7. Registrar in Bankruptcy of the High Court. | 7. A person who has a 7 year general qualification. |
| 8. Taxing Master of the Supreme Court. | 8. A person who has a 7 year general qualification. |
| 9. District judge of the principal registry of the Family Division. | 9.—(1) A person who has a 7 year general qualification.(2) A district probate registrar who either— (a) is of at least 5 years’ standing; or (b) has, during so much of the 10 years immediately preceding his appointment as he has not been a district probate registrar, served as a civil servant in the principal registry or a district probate registry.(3) A civil servant who has served at least 10 years in the principal registry or a district probate registry. |
| 10. Registrar of Civil Appeals. | 10. A person who has a 10 year general qualification. |
| 11. Master of the Court of Protection. | 11. A person who has a 7 year general qualification. |
| Part III | |
|---|---|
| 1.Office | 2.Persons qualified |
| 12. District probate registrar. | 12.—(1) A person who has a 5 year general qualification.(2) A civil servant who has served at least 5 years in the principal registry of the Family Division or a district probate registry.” |
50(1)In section 130 of the Representation of the People Act 1983 (barristers qualified to constitute election court) in subsection (1) for the word “barrister" there shall be substituted “ person" ”.
(2)In subsection (2) of that section—
(a)for the word “barrister" there shall be substituted “ person" ”;
(b)for paragraph (a) there shall be substituted—
“(a)unless he has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or”; and
(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" ”.
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." ”
52(1)In paragraph 2(2) of Schedule 8 to the Value Added Tax Act 1983 (President of VAT Tribunals) for the words “a barrister, advocate or solicitor of not less than ten years’ standing" 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.”
(2)In paragraph 7(3A) of that Schedule (chairman of a VAT tribunal) for the words “a barrister or solicitor of not less than 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; or
(b)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing”.
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)" ”.
55(1)In section 4(5) of the Merchant Shipping Act 1984 (arbitrator) for paragraph (c) there shall be substituted—
“(c)a person falling within subsection (5A); or”.
(2)After that subsection there shall be inserted—
“(5A)For the purposes of subsection (5)(c) a person falls within this subsection if—
(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.”
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.”
57In section 9 of the County Courts Act 1984 (appointment of district judges, assistants and deputies) for the words “he is a solicitor of at least 7 years’ standing" there shall be substituted “ he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”
58In section 3(4) of the Data Protection Act 1984 (members of tribunal) for the words from “barristers" to the end there shall be substituted—
“(a)persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b)advocates or solicitors in Scotland of at least 7 years’ standing; or
(c)members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of at least 7 years’ standing.”
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)" ”.
62In paragraph 1(1) of Schedule 1 to the Interception of Communications Act 1985 (members of tribunal) 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.”
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," ”.
64In paragraph 3(1) of Schedule 4 to that Act (barrister to advise Discipline and Appeals Committee) 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." ”
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.”
74In paragraph 1(1) of Schedule 2 to the Security Service Act 1989 (members of tribunal) 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.”
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—
Lord of Appeal in Ordinary
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 Supreme Court
Registrar of Civil Appeals
Master of the Court of Protection
District probate registrar
Judge Advocate General
Vice Judge Advocate General
Assistant or Deputy Judge Advocate General
Stipendiary Magistrate
Social Security Commissioner appointed under section 97 of the M4Social Security Act 1975
[F5President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals]
President of Industrial Tribunals or chairman of such a tribunal appointed under the M5Industrial Tribunals (England and Wales) Regulations 1965
President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the M6Immigration Act 1971
Member of the Lands Tribunal appointed under section 2 of the M7Lands Tribunal Act 1949
President of Value Added Tax Tribunals or chairman of such a tribunal appointed under Schedule 8 to the M8Value Added Tax Act 1983
Special Commissioner appointed under section 4 of the M9Taxes Management Act 1970
Charity Commissioner appointed under the First Schedule to the M10Charities Act 1960
Coroner appointed under section 2 of the M11Coroners Act 1988.
Textual Amendments
F5Sch. 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)
Marginal Citations
Prospective
Section 81.
The following are the provisions which are inserted in the M12Judicial Pensions Act 1981, as Schedule 1A—
In this Schedule—
“authorised insurance company” means an insurance company authorised under section 3 or 4 of the Insurance Companies Act 1982 (or any similar previous enactment) to carry on ordinary long-term insurance business;
“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.
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 insurance companies—
(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 insurance company, 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.”
Marginal Citations
Prospective
Section 93(3).
The following are the provisions which are inserted in the M13Solicitors Act 1974 as Schedule 1A—
1(1)The Council may take any of the steps mentioned in paragraph 2 (“the steps") with respect to a solicitor where it appears to them that the professional services provided by him in connection with any matter in which he or his firm have been instructed by a client have, in any respect, not been of the quality which it is reasonable to expect of him as a solicitor.
(2)The Council shall not take any of the steps unless they are satisfied that in all the circumstances of the case it is appropriate to do so.
(3)In determining in any case whether it is appropriate to take any of the steps, the Council may—
(a)have regard to the existence of any remedy which it is reasonable to expect to be available to the client in civil proceedings; and
(b)where proceedings seeking any such remedy have not been begun by him, have regard to whether it is reasonable to expect him to begin them.
2(1)The steps are—
(a)determining that the costs to which the solicitor is entitled in respect of his services (“the costs") are to be limited to such amount as may be specified in the determination and directing him to comply, or to secure compliance, with such one or more of the permitted requirements as appear to the Council to be necessary in order for effect to be given to their determination;
(b)directing him to secure the rectification, at his expense or at that of his firm, of any such error, omission or other deficiency arising in connection with the matter in question as they may specify;
(c)directing him to pay such compensation to the client as the Council sees fit to specify in the direction;
(d)directing him to take, at his expense or at that of his firm, such other action in the interests of the client as they may specify.
(2)The “permitted requirements” are—
(a)that the whole or part of any amount already paid by or on behalf of the client in respect of the costs be refunded;
(b)that the whole or part of the costs be remitted;
(c)that the right to recover the costs be waived, whether wholly or to any specified extent.
(3)The power of the Council to take any such steps is not confined to cases where the client may have a cause of action against the solicitor for negligence.
3(1)The amount specified in a direction by virtue of paragraph 2(1)(c) shall not exceed £1,000.
(2)The Lord Chancellor may by order made by statutory instrument amend sub-paragraph (1) by substituting for the sum of £1,000 such other sum as he considers appropriate.
(3)Before making any such order the Lord Chancellor shall consult the Law Society.
(4)Any statutory instrument made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4(1)Where the Council have given a direction under paragraph 2(1)(a), then—
(a)for the purposes of any taxation of a bill covering the costs, the amount charged by the bill in respect of them shall be deemed to be limited to the amount specified in the determination; and
(b)where a bill covering the costs has not been taxed, the client shall, for the purposes of their recovery (by whatever means and notwithstanding any statutory provision or agreement) be deemed to be liable to pay in respect of them only the amount specified in the determination.
(2)Where a bill covering the costs has been taxed, the direction shall, so far as it relates to the costs, cease to have effect.
5(1)If a solicitor fails to comply with a direction given under this Schedule, any person may make a complaint in respect of that failure to the Tribunal; but no other proceedings whatever shall be brought in respect of it.
(2)On the hearing of such a complaint the Tribunal may, if it thinks fit (and whether or not it makes any order under section 47(2)), direct that the direction be treated, for the purpose of enforcement, as if it were contained in an order made by the High Court.
6(1)The Council may, by regulations made with the concurrence of the Lord Chancellor and the Master of the Rolls, make provision for the payment, by any client with respect to whom the Council are asked to consider whether to take any of the steps, of such fee as may be prescribed.
(2)The regulations may provide for the exemption of such classes of client as may be prescribed.
(3)Where a client pays the prescribed fee it shall be repaid to him if the Council take any of the steps in the matter with respect to which the fee was paid.
(4)In this paragraph “prescribed” means prescribed by the regulations.
7Where the Council take any of the steps with respect to a solicitor they may also direct him to pay to the Council—
(a)the amount of the fee repayable by the Council to the client under paragraph 6(3); and
(b)an amount which is calculated by the Council as the cost to them of dealing with the complaint, or which in their opinion represents a reasonable contribution towards that cost.
8Where the Tribunal—
(a)is considering, or has considered, an application or complaint with respect to a solicitor; and
(b)is of the opinion that the Council should consider whether to take any of the steps with respect to that solicitor,
it shall inform the Council.
9The Council’s powers under this Schedule are exercisable in relation to a person even though his name has been removed from, or struck off, the roll and references to a solicitor in this Schedule, so far as they relate to the exercise of those powers, shall be construed accordingly.”
Marginal Citations
Section 116.
Valid from 14/10/1991
1E+WIn this Part of this Schedule “the Act of 1989” means the M14Children Act 1989.
Commencement Information
I2Sch. 16 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
Marginal Citations
Valid from 14/10/1991
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
I3Sch. 16 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
Valid from 14/10/1991
3In section 20 of the Family Law Reform Act 1969 (tests to establish paternity), which was amended by the Act of 1989 in relation to cases where the person whose paternity is in issue is under the age of eighteen, for subsection (1A) and the words preceding paragraph (a) in subsection (1B), there shall be substituted—
“(1A)An application for a direction under this section shall specify who is to carry out the tests.
(1B)A direction under this section shall”.
Commencement Information
I4Sch. 16 para. 3 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
Valid from 14/10/1991
4(1)Section 16 of the Children and Young Persons Act 1969 (provisions supplementary to section 15) shall be amended as follows.
(2)In subsection (3)—
(a)for the words “relevant infant" there shall be substituted “supervised person"; and
(b)the words from “and the justice" to the end shall be omitted.
(3)After subsection (3) there shall be inserted the following subsections—
“(3A)Where a supervised person is brought before a justice under subsection (3) of this section, the justice may—
(a)direct that he be released forthwith; or
(b)subject to subsection (3C) of this section, remand him to local authority accommodation.
(3B)A justice who remands a person to local authority accommodation shall designate, as the authority who are to receive him, the authority named in the supervision order in respect of which the application or reference is being made.
(3C)Where the supervised person has attained the age of eighteen at the time when he is brought before the justice, he shall not be remanded to local authority accommodation but may instead be remanded—
(a)to a remand centre, if the justice has been notified that such a centre is available for the reception of persons under this subsection; or
(b)to a prison, if he has not been so notified.”
(4)For subsection (4) there shall be substituted the following subsection—
“(4)Where an application is made to a court under section 15(1) of this Act, the court may remand (or further remand) the supervised person to local authority accommodation if—
(a)a warrant has been issued under subsection (2) of this section for the purpose of securing the attendance of the supervised person before the court; or
(b)the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under section 15(1).”
(5)In subsections (5)(b) and (c) and (6)(a), after the word “12A", in each place where it occurs, there shall be inserted “12AA".
Commencement Information
I5Sch. 16 para. 4 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
5(1)Section 32 of that Act (detention of absentees), as amended by paragraph 27 of Schedule 12 to the Act of 1989, shall be further amended as follows.
(2)In the new subsection (1A), in paragraph (b)(ii), for the words “section 23(1)" there shall be substituted “section 16(3A) or 23(1)".
(3)In the new subsection (1C), after the words “section 12AA" there shall be inserted “, 16(3B)".
Commencement Information
I6Sch. 16 para. 5 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
Valid from 14/10/1991
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
I7Sch. 16 para. 6 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
Valid from 14/10/1991
7In section 65A of the Adoption Act 1976 (which was inserted by paragraph 29 of Schedule 10 to the Act of 1989 and which makes similar provision with respect to the appointment of panels of guardians ad litem to that made by section 41 of the Act of 1989), the following subsection shall be added at the end—
“(4)The Secretary of State may, with the consent of the Treasury, make such grants with respect to expenditure of any local authority—
(a)in connection with the establishment and administration of guardian ad litem and reporting officer panels in accordance with section 65;
(b)in paying expenses, fees, allowances and in the provision of training for members of such panels,
as he considers appropriate.”
Commencement Information
I8Sch. 16 para. 7 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
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
I9Sch. 16 para. 8 wholly in force at 1.1.1991 see s. 124(3) and S.I 1990/2484, art. 2, Sch.
Valid from 14/10/1991
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
I10Sch. 16 para. 9 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
Valid from 14/10/1991
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 M15Family 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
I11Sch. 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
I12Sch. 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
I13Sch. 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
I14Sch. 16 para. 13 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
14In 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" ” and after the words “health authority" there shall be inserted “ or National Health Service trust" ”.
Commencement Information
I15Sch. 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
I17Sch. 16 para. 16 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
17In section 41 of the Act of 1989 (appointment of guardian ad litem for child in certain proceedings), the following subsection shall be added at the end—
“(12)The Secretary of State may, with the consent of the Treasury, make such grants with respect to expenditure of any local authority—
(a)in connection with the establishment and administration of guardian ad litem panels in accordance with this section;
(b)in paying expenses, fees, allowances and in the provision of training for members of such panels,as he considers appropriate.”
Commencement Information
I18Sch. 16 para. 17 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
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
I19Sch. 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
I20Sch. 16 para. 19 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.
20In section 47(11)(d) of the Act of 1989 (persons obliged to assist local authority investigations), after the words “health authority" there shall be inserted “ or National Health Service trust" ”.
Commencement Information
I21Sch. 16 para. 20 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
21In section 81 of the Act of 1989 (power of Secretary of State to hold inquiries), in subsection (1)(d) the word “registered” shall be omitted and in subsection (1)(f) after the word “provided" there shall be inserted “ in accordance with arrangements made" ”.
Commencement Information
I22Sch. 16 para. 21 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.
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
I23Sch. 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
I24Sch. 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
I25Sch. 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
I26Sch. 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
I27Sch. 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
I28Sch. 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
I29Sch. 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
I30Sch. 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
I31Sch. 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
I32Sch. 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
I33Sch. 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
I34Sch. 16 para. 33 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
Valid from 14/10/1991
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
I35Sch. 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 M16Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the M17Children Act 1989" ”.
Commencement Information
I36Sch. 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
I37Sch. 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
I38Sch. 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
I39Sch. 16 para. 38 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
39(1)In section 28 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (complaint by spouse in convention country for recovery in England and Wales of maintenance from other spouse) for the words from “19(1)(i)" to “34" there shall be substituted “19(1) of that Act; and Part I of that Act, except sections 6 to 8, 16 to 18, 23(1), 24 to 27, 28(2) and 32(2)".
(2)In section 28A(3) of that Act (complaint of former spouse in convention country for recovery in England and Wales of maintenance from other spouse) for paragraph (e) there shall be substituted—
“(e)sections 6 to 8, 16 to 18, 23(1), 24 to 28 and 32(2) shall be omitted.”
(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.
Commencement Information
I40Sch. 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
I41Sch. 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
I42Sch. 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
I43Sch. 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).
1In section 7 of the Naval Agency and Distribution Act 1864 (certain persons incapable of being ship’s agents) the words “or a proctor, attorney or solicitor" shall cease to have effect.
2In section 126 of the Land Registration Act 1925 (business of the Land Registry), the following subsection shall be inserted after subsection (6)—
“(6A)The fact that the Chief Land Registrar and other officers of the Land Registry are not required to be legally qualified is not to be taken as preventing the making of regulations under this section which provide for certain acts to be done by an officer who is legally qualified.”
3Section 53 of the Administration of Justice Act 1956 (only certain barristers or solicitors eligible for appointment as the Chief Land Registrar, a registrar or assistant registrar in the Land Registry) shall cease to have effect.
Prospective
4In section 3 of the Powers of Attorney Act 1971 (proof of instruments creating powers of attorney)—
(a)in subsection (1)(b), after the word “solicitor" there shall be inserted “duly certificated notary public"; and
(b)in subsection (3), after the word “section" there shall be inserted “ “duly certificated notary public” has the same meaning as it has in the Solicitors Act 1974 by virtue of section 87(1) of that Act and".
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.”
6In 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.”
Prospective
7In Group B in Part I of Schedule 1 to the Juries Act 1974 (ineligibility and disqualification for and excusal from jury service) after the entry relating to legal executives in the employment of solicitors there shall be inserted— “ Public notaries ”.
Prospective
8In section 2 of the Solicitors Act 1974 (training regulations), the following subsections shall be added at the end—
“(4)Where, under Schedule 4 to the Courts and Legal Services Act 1990 (approval of certain regulations in connection with the grant of rights of audience or rights to conduct litigation), the Lord Chancellor, the Lord Chief Justice or the Master of the Rolls approves any regulation made under this section he shall be taken, for the purposes of this section, to have concurred in the making of that regulation.
(5)Subsection (4) shall have effect whether or not the regulation required to be approved under Schedule 4 to the Act of 1990.”
9Section 4 of that Act (which sets out conditions to be satisfied before certain overseas solicitors may be admitted) shall cease to have effect.
Prospective
10In section 31 of that Act (rules as to professional practice, conduct and discipline), the following subsections shall be added at the end—
“(3)Where, under Schedule 4 to the Courts and Legal Services Act 1990 (approval of certain rules in connection with the grant of rights of audience or rights to conduct litigation), the Master of the Rolls approves any rule made under this section he shall be taken, for the purposes of this section, to have concurred in the making of that rule.
(4)Subsection (3) shall have effect whether or not the rule required to be approved under Schedule 4 to the Act of 1990.”
11In section 125(2) of the Magistrates’ Courts Act 1980 (provision for certain warrants relating to enforcement of fines to be executed by persons other than constables) for the words “a fine" there shall be substituted “any sum adjudged to be paid".
12In section 5(3) of the Supreme Court 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" ”.
Prospective
13In 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. ”
Valid from 14/10/1991
14(1)Section 73 of the County Courts Act 1984 (register to be kept of county court judgments) shall be amended as follows.
(2)For subsection (1) there shall be substituted—
“(1)A register of every—
(a)judgment entered in a county court;
(b)administration order made under section 112; and
(c)order restricting enforcement made under section 112A,
shall be kept in such manner and in such place as may be prescribed.”
(3)In subsection (3)—
(a)in paragraph (a)—
(i)after the word “judgments" there shall be inserted “ or orders" ”; and
(ii)after the word “judgment" there shall be inserted “ or order" ”; and
(b)in paragraph (b), after the word “judgments" there shall be inserted “ or orders" ”.
Commencement Information
I44Sch. 17 para. 14 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.
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.”
Prospective
17In 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".
Prospective
18In Schedule 1 to that Act, paragraphs 2(3) and 3 (restrictions on hearing of replevin actions in the High Court) shall cease to have effect.
Prospective
19In section 15 of the Legal Aid Act 1988 (availability of, and payment for, representation in civil proceedings under Part IV) the following subsection shall be inserted after subsection (4)—
“(4A)A person may not be refused representation for the purposes of any proceedings on the ground (however expressed) that it would be more appropriate for him and a legal representative of his to enter into a conditional fee agreement (as defined by section 58 of the Courts and Legal Services Act 1990).”
20(1)In subsection (5) of section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (presumption that solicitor is authorised to deliver certain instruments), after the word “solicitor", in both places where it occurs, there shall be inserted “ , duly certificated notary public" ”.
(2)In subsection (6) of that section (meaning of expressions used in subsection (5)), after the words “Act 1925" there shall be inserted— “ “duly certificated notary public” has the same meaning as it has in the Solicitors Act 1974 by virtue of section 87 of that Act; ”.
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—
“The Authorised Conveyancing Practitioners Board”
“The Conveyancing Ombudsman”
“The Legal Services Ombudsman”
“The Lord Chancellor’s Advisory Committee on Legal Education and Conduct”.
(2)After paragraph 4(1)(k) of that Schedule there shall be inserted—
“(kk)records of any Conveyancing Appeal Tribunal;”.
Prospective
2In Part I of Schedule 1 to the Tribunals and Inquiries Act 1971 (tribunals under direct supervision of Council), the following shall be inserted after the entry relating to commons—
5AAA Conveyancing Appeals Tribunal constituted under section 41 of the Courts and Legal Services Act 1990.”
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
4In section 133(2) of the Fair Trading Act 1973 (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".
Prospective
5In Group B in Part I of Schedule 1 to the Juries Act 1974 (ineligibility and disqualification for and excusal from jury service), after the entry relating to barristers and solicitors there shall be inserted— “Any person who is not a barrister or solicitor but who is an authorised advocate or authorised litigator (as defined by section 119(1) of the Courts and Legal Services Act 1990) and—
(a)any legal executive or person corresponding to a legal executive; or
(b)any person corresponding to a barristers’ clerk or assistant clerk,
who is employed by such an authorised advocate or authorised litigator. ”
Prospective
6In section 174(3) of the Consumer Credit Act 1974 (purposes for which certain information obtained under the Act may be disclosed), in paragraph (a)—
(a)after the words “Regulations 1988" there shall be inserted “or the Courts and Legal Services Act 1990"; and
(b)after the words “Electricity Supply" there shall be inserted “or the Authorised Conveyancing Practitioners Board".
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).”
Prospective
9In section 12 of that Act (discretion of Society with respect to issue of practising certificates in special cases), in subsection (1)(c), for the words “when on the first day of the period to which the practising certificate would, if granted, relate" there shall be substituted “when, on what would be the commencement date for the certificate, if it were granted".
Prospective
10(1)Section 16 of that Act (duration of suspension of practising certificates) shall be amended as follows.
(2)For subsection (1) there shall be substituted—
“(1)Where, on the replacement date for a practising certificate, the certificate is suspended it shall expire on that date.”
(3)In subsection (3) for the words “date of expiry", in paragraph (c), there shall be substituted “replacement date".
Prospective
11In section 20 of that Act (unqualified person not to act as solicitor) the following subsections shall be added at the end—
“(3)A person exempted from the provisions of section 23(1) by virtue of section 23(2) or (3) of this Act or section 55 of the Courts and Legal Services Act 1990 may, in any non-contentious or common form probate business, apply for a grant of probate or for letters of administration or oppose such an application without committing an offence under this section.
(4)In subsection (3) “non-contentious or common form probate business” has the same meaning as in section 128 of the Supreme Court Act 1981.”
Prospective
12In section 25 of that Act (costs where unqualified person acts as solicitor) the following subsection shall be added at the end—
“(3)For the avoidance of doubt, where a person does an act which would be an offence under section 23 were it not for the provisions of section 54 or 55 of the Courts and Legal Services Act 1990, this section does not apply in relation to that act.”
Valid from 01/06/1992
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
I45Sch. 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" ”.
Prospective
17In 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); ”.
Prospective
18In Schedule 2 to that Act after sub-paragraph (3) of paragraph 2 there shall be inserted—
“(3A)The Council may require a solicitor to pay an annual contribution of a reduced amount where that payment is made with respect to a practising certificate which has a replacement date which is less than 12 months after the replacement date of the solicitor’s previous practising certificate.
(3B)Where it appears from his application for a practising certificate that a solicitor has not held or received clients’ money at any time during the period specified in the application, the Council may require him—
(a)to pay an annual contribution of a specified reduced amount on that application, or
(b)to pay no annual contribution on that application.”
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" ”.
20(1)In section 102 of the Patents Act 1977 (right of audience etc. in proceedings before the comptroller), the following subsection shall be added at the end—
“(5)Nothing in this section shall be taken to limit the right to draw or prepare deeds given to a registered patent agent by section 68 of the Courts and Legal Services Act 1990.”
(2)In section 102A of that Act (right of audience etc. in proceedings on appeal from the comptroller), the following subsection shall be added at the end—
“(6)Nothing in this section shall be taken to limit the right to draw or prepare deeds given to a registered patent agent by section 68 of the Courts and Legal Services Act 1990.”
Valid from 14/10/1991
21In section 16 of the Domestic Proceedings and Magistrates’ Courts Act 1978 (powers of court to make orders for the protection of a party to marriage or a child of the family), in subsection (6) for paragraphs (a) and (b) there shall be substituted “that the respondent has not been given such notice of the proceedings as may be prescribed by rules".
Commencement Information
I46Sch. 18 para. 21 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.
Prospective
22(1)In section 10(3) of the Estate Agents Act 1979 (purposes for which certain information obtained under the Act may be disclosed), in paragraph (a)—
(a)after the words “Regulations 1988" there shall be inserted “or the Courts and Legal Services Act 1990"; and
(b)after the words “Electricity Supply" there shall be inserted “or the Authorised Conveyancing Practitioners Board".
Prospective
23(1)Section 19 of the Competition Act 1980 (restriction on disclosure of information) shall be amended as follows.
(2)In subsection (2), after the words “Electricity Supply" there shall be inserted “the Authorised Conveyancing Practitioners Board".
(3)In subsection (3) the following paragraph shall be inserted after paragraph (l)—
“(m)the Courts and Legal Services Act 1990”.
24In section 13 of the Social Security Act 1980 (Social Security Commissioners) in subsection (5)(a), for the words “(2) or (4)" there shall be substituted “or (2)".
25(1)The Magistrates’ Courts Act 1980 shall be amended as follows.
(2)In section 150(1) (interpretation) after the definition of “impose imprisonment" there shall be inserted the following definition—
““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;”.
(3)For the words—
(a)“counsel or a solicitor” in sections 4(4)(b), 6(2)(b), 23(1)(a) and 128(1B);
(b)“counsel or solicitor” in sections 122(1) and (3);
there shall be substituted “a legal representative".
(4)For the words—
(a)“solicitor” in sections 6(2)(a), 12(2), 128(1A)(ii) and (3B);
(b)“counsel or solicitor” in sections 72(3)(a) and (4);
(c)“solicitor or barrister” in section 145(1)(d),
there shall be substituted “legal representative".
(5)For 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".
(7)In section 144(3) (members of the rule committee) in subsection (3), for the words “one justices’ clerk" to the end there shall be substituted—
“(a)one justices’ clerk;
(b)one person who has a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and
(c)one person who has 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.”.
Valid from 01/01/1992
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
I47Sch. 18 para. 26 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Valid from 01/01/1992
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
I48Sch. 18 para. 27 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
Valid from 01/01/1992
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
I49Sch. 18 para. 28 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Valid from 01/01/1992
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
I50Sch. 18 para. 29 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
Valid from 01/01/1992
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
I51Sch. 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.”
Valid from 01/01/1992
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
I52Sch. 18 para. 33 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
Valid from 01/01/1992
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
I53Sch. 18 para. 34 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2, Sch.
Valid from 01/01/1992
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
I54Sch. 18 para. 35 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
36(1)In section 85 of the Supreme Court Act 1981 (Supreme Court Rule Committee)—
(a)for paragraphs (f) and (g) of subsection (1), there shall be substituted—
“(f)two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and
(g)two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.”
(b)for subsection (4) there shall be substituted—
“(4)Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.”
(2)In section 86 of that Act (Crown Court Rule Committee)—
(a)for paragraphs (f) and (g) of subsection (1), there shall be substituted—
“(f)two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and
(g)two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.”
(b)for subsection (4) there shall be substituted—
“(4)Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.”.
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" ”.
Prospective
41In 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;”.
42In 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";
(b)for the words “assistant registrar" in each place where they occur there shall be substituted “assistant district judge"; 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".
Prospective
43In 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,”
Prospective
44In 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,”
Prospective
45In 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,”
Prospective
46In 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.”
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.”
Prospective
48For 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.”
Prospective
49(1)In section 147(1) of that Act (interpretation) after the definition of “landlord" there shall be inserted—
““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.”
(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".
50In section 40(1) of the M18Matrimonial and Family Proceedings Act 1984 (family proceedings rules), for paragraphs (c) to (g) there shall be substituted—
“(c)one district judge of the principal registry of that Division,
(d)two Circuit judges,
(e)one district judge appointed under the County Courts Act 1984,
(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.”
Marginal Citations
51In section 4 of the Prosecution of Offences Act 1985 (rights of audience etc. of Crown Prosecutors), the following subsections shall be substituted for subsections (1) to (3)—
“(1)Crown Prosecutors shall continue to have the same rights of audience, in any court, as they had immediately before the coming into force of the Courts and Legal Services Act 1990.
(2)Subsection (1) is not to be taken as preventing those rights being varied or added to in accordance with the provisions of that Act.
(3)The Lord Chancellor may at any time direct, as respects one or more specified places where the Crown Court sits, that Crown Prosecutors, or such category of Crown Prosecutors as may be specified in the direction, may have rights of audience in the Crown Court.
(3A)Any such direction may be limited to apply only in relation to proceedings of a description specified in the direction.
(3B)In considering whether to exercise his powers under this section the Lord Chancellor shall have regard, in particular, to the need to secure the availability of persons with rights of audience in the court or proceedings in question.
(3C)Any direction under this section may be revoked by direction of the Lord Chancellor.
(3D)Any direction under this section may be subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient.
(3E)Any exercise by the Lord Chancellor of his powers to give a direction under this section shall be with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor.”
Prospective
52(1)In section 14(1)(a) of that Act (regulations in relation to fees of counsel) for the word “counsel" there shall be substituted “any legal representative".
(2)The following definition shall be inserted in section 15(1) of that Act after the definition of “Director”—
““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.”
Prospective
53In 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".
Valid from 14/10/1991
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
I55Sch. 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)" ”.
Prospective
56In paragraph 13 of Schedule 2 to that Act (incorporated practices)—
(a)in sub-paragraph (1), for the words from “section" to “and (8))" there shall be substituted “Schedule 1A of the Act of 1974 (except paragraphs 5(1) and 9"; and
(b)in sub-paragraph (2), for the words “section 44A (1)(a)" there shall be substituted “paragraph 2(1)(a) of Schedule 1A to the Act of 1974".
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.”
Prospective
58In 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.”
Prospective
59The Legal Aid Act 1988 shall be amended as follows.
Prospective
60The following entries shall be inserted in the appropriate places in section 43 (definitions)—
““authorised body” has the meaning assigned by section 119(1) of the Courts and Legal Services Act 1990;”
““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;”.
Prospective
61(1)In section 2(6), for the words “is only by persons who are solicitors or barristers" there shall be substituted “shall only be by legal representatives".
(2)For section 2(7) there shall be substituted—
“(7)Subject to section 59 of the Courts and Legal Services Act 1990, regulations—
(a)may prescribe the circumstances in which representation shall be only by one legal representative and may require him to be from a prescribed category;
(b)may regulate representation by more than one legal representative from any one or more prescribed categories.
(7A)If it is satisfied that the circumstances of a particular case in the Supreme Court or the House of Lords warrant a direction under this subsection, the Board or, in the case of criminal proceedings the competent authority, may direct that representation in that case shall be by one legal representative.
(7B)In subsection (7A), “competent authority” shall be construed in accordance with section 20.”
(3)In section 10, in subsections (1)(b) and (3)(a), for the word “counsel" in each place where it occurs, there shall be substituted “an additional legal representative".
(4)In section 15(6), for the words “solicitor for acting for him and to pay any fees of counsel for so acting" there shall be substituted “legal representative".
(5)In section 26(2), for the words “same as the solicitor" there shall be substituted “one".
Prospective
62(1)In section 31—
(a)in subsection (1)(a), for the words “counsel, solicitor" there shall be substituted “the legal representative";
(b)in subsection (2), for the words “solicitor shall be treated as having paid counsel’s fees" there shall be substituted “legal representative shall be treated as having paid the fees of any additional legal representative instructed by him".
(2)In section 32—
(a)in subsection (1), for the words from “select" to “willing" there shall be substituted “select the legal representative to advise, assist or act for him from among the legal representatives willing";
(b)in subsection (2), for the words from “a solicitor or" to the end there shall be substituted “one or more legal representatives or direct that he may only select a legal representative from among those with whom such a contract subsists.";
(c)in subsection (8), for the words “solicitor or counsel or solicitor and counsel" there shall be substituted “one or more legal representatives";
(d)the following subsection shall be substituted for subsection (9)—
“(9)None of the following persons may be selected or assigned under this section—
(a)a solicitor who is for the time being excluded from legal aid work under section 47(2) of the Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal);
(b)a barrister excluded from such work under section 42 of the Administration of Justice Act 1985 (exclusion of barristers from legal aid work);
(c)any other legal representative excluded from such work for disciplinary reasons by an authorised body.”
Prospective
63(1)For the words—
(a)“counsel or a solicitor" in each place where they occur in sections 14(3), 31(1)(a) and 38(6); and
(b)“solicitor or counsel" in the first place where they occur in section 32(6),
there shall be substituted “a legal representative".
(2)In sections 16(8), 32(10) and 34(8)(b), for the word “solicitor’s" in each place where it occurs, there shall be substituted “legal representative’s".
(3)For the words—
(a)“solicitor or counsel” in sections 2(4), 16(9), 32(3) and 32(6);
(b)“counsel or solicitor” in sections 25(2) and 32(5);
(c)“solicitor and counsel” in sections 31(2);
(d)“solicitor or his firm” in section 10(3),
in each of the remaining places where they occur, there shall be substituted “legal representative".
(4)In each of the remaining places where it occurs in sections 9(5), 9(6), 9(7), 10(1), 11(2), 11(3), 15(7), 15(8), 25(2), 26(2) and 32(10), for the word “solicitor" there shall be substituted “legal representative".
(5)For the words—
(a)“solicitors” in section 32(7);
(b)“solicitors and counsel” in section 34(2)(e);
(c)“barristers and solicitors” in section 34(9);
(d)“barristers or solicitors” in section 38(1)(f),
in each place where they occur, there shall be substituted “legal representatives".
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.
2(1)This paragraph applies—
(a)to barristers who were called to the Bar on a date (the “call date") before the commencement of section 31; and
(b)for the purpose of determining for how many years such a barrister has had one of the qualifications listed in section 71(3).
(2)The General Council of the Bar shall be deemed to have granted such a barrister on his call date the rights of audience mentioned in section 31(1)(a).
(3)The period beginning with his call date and ending with the commencement of section 31 (apart from any part of that period during which he was disbarred) shall, in the case of such a barrister, count towards the period mentioned in section 71(5)(b), whether or not he was entitled to exercise the right of audience in question during that time.
3(1)This paragraph applies—
(a)to solicitors who were admitted on a date (the “admission date") before the commencement of section 32; and
(b)for the purpose of determining for how many years such a solicitor has had one of the qualifications listed in section 71(3).
(2)The Law Society shall be deemed to have granted such a solicitor on his admission date the rights of audience mentioned in section 32(1)(a).
(3)The period beginning with his admission date and ending with the commencement of section 32 (apart from any part of that period during which he was struck off, or removed from, the roll) shall, in the case of such a solicitor, count towards the period mentioned in section 71(5)(b), whether or not he was entitled to exercise the right of audience in question during that time.
(4)Such a solicitor who has a right of audience in all proceedings in the Supreme Court shall be deemed to have had a Supreme Court qualification since his admission date.
(5)Such a solicitor who has a right of audience in all proceedings in the High Court shall be deemed to have had a High Court qualification since his admission date.
4(1)Any direction given under section 83 of the Supreme Court 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.
(2)This paragraph is without prejudice to section 17(2)(b) of the M19Interpretation Act 1978.
Marginal Citations
5E+WFor the purposes of section 16(3)(c) of the M20Courts 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 M21Promissory 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
7Subsection (2A) of section 92 of the M22Supreme Court Act 1981 (which reduces the retirement age of the Lord Chancellor’s Permanent Secretary, the Official Solicitor, and the Registrar of Criminal Appeals from 72 to 62 years and is inserted by section 77(1)) shall not have effect in relation to the persons who on 7th December 1989 hold any of the offices to which that subsection applies.
Marginal Citations
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 M23Solicitors 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
Valid from 01/01/1992
9E+W+N.I.The repeal by this Act of sections 18(3), 20(6) and 24 of the M24Judicial 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
I56Sch. 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 M25Superannuation (Miscellaneous Provisions) Act 1967 shall not affect its application in relation to any abatement made under that section.
(2)The repeal by this Act of subsection (3) of section 1 of the M26Superannuation (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 M27Courts 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 M28Administration 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 M29Supreme Court 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.
11(1)Notwithstanding the repeal by this Act of section 4 of the Solicitors Act 1974 (under which the M30Overseas 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
Prospective
12(1)Section 14 of the M31Solicitors 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.
(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.
Marginal Citations
Prospective
13(1)Subsection (2) of section 57 and the repeal by this Act of the provisions relating to the serving of apprenticeships mentioned in subsection (3) of that section shall not have effect in relation to any person who, at the date on which subsection (2) of that section comes into force, is serving such an apprenticeship.
(2)The Master of the Faculties may make rules providing—
(a)for a reduction in the period of apprenticeship of any person to whom this paragraph applies with a view to securing that no such person is required to undertake a period of training longer than the period which he would have been required to undertake, by virtue of rules made by the Master, had he started his training after the commencement of subsection (2) of section 57; or
(b)for all such apprenticeships to be brought to an end on such day as may be prescribed.
Prospective
14Section 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 M32Administration 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.
Marginal Citations
Prospective
15(1)The following provisions—
(a)section 53;
(b)the repeal by Schedule 20 of section 26(3) of the Administration of Justice Act 1985; and
(c)paragraph 58 of Schedule 18,
shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 53.
(2)Until such date as may be specified by order made by the Lord Chancellor, the provisions of—
(a)paragraphs 14 to 20 of Schedule 8; and
(b)paragraph 4(3) and (3A) of Schedule 6 to the Administration of Justice Act 1985 (as substituted by paragraph 58 of Schedule 18),
shall have effect as if they conferred powers on the Discipline and Appeals Committee and not on the Council for Licensed Conveyancers.
(3)Any order made by the Lord Chancellor under sub-paragraph (2) may make such transitional, consequential or supplemental provision as he thinks necessary or expedient in consequence of the transfer of jurisdiction under the provisions in question from the Discipline and Appeals Committee to the Council.
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).
Prospective
17The repeal by this Act of section 1(1) of the M33Commissioners for Oaths Act 1889 shall not affect the power of the Lord Chancellor to revoke any appointment made by him under that provision.
Marginal Citations
Prospective
Section 125(7).
| 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.Secations 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 Supreme Court 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). |