Modifications etc. (not altering text)
C1Pt. 3: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)
(1)Where a barrister F1. . . —
[F2(a)is employed by an authorised person, or
(b)is a manager of such a person,]
any rules of the General Council of the Bar which impose a prohibition or limitation on the provision of legal services shall not operate to prevent him from providing legal services to clients of [F3the authorised person of which the barrister is an employee or a manager] if either of the conditions specified in subsection (2) is satisfied.
(2)Those conditions are—
(a)that the prohibition or limitation is on the provision of the services otherwise than on the instructions of a solicitor (or other person acting for the client), and
(b)that the prohibition or limitation does not apply to barristers who provide legal services but are not employees [F4or managers of an authorised person].
[F5(3)In this section—
“authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which is a reserved legal activity (within the meaning of that Act), and
“manager” has the same meaning as in that Act (see section 207 of that Act).]
Textual Amendments
F1Words in s. 44(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 129(a)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
F2S. 44(1)(a)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(a)(ii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
F3Words in s. 44(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(a)(iii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
F4Words in s. 44(2) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
F5S. 44(3) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
(1)A person who applies to the [F6Lord Chancellor] to be recommended for appointment as Queen’s Counsel in England and Wales shall pay a fee to the [F6Lord Chancellor].
(2)The amount of the fee shall be specified by order made by the [F7Lord Chancellor]; and in determining that amount the [F7Lord Chancellor] shall have regard to the expenses incurred by him in considering such applications.
(3)An order under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)This section does not affect section 9 of the M1Great Seal (Offices) Act 1874 (under which fees are charged in respect of the grant of Letters Patent under the Great Seal for appointment as Queen’s Counsel).
Textual Amendments
F6Words in s. 45(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 130 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
F7Words in s. 45(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 130 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
Marginal Citations
(1)If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a “practising certificate”), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates.
(2)Rules made by virtue of subsection (1)—
(a)may provide for the payment of different fees by different descriptions of applicants, F8. . .
(b)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 46(2)(b) and preceding word repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 131(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
F9S. 46(3)-(6) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 131(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10S. 47 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 131(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
Schedule 7 (which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.