Part III Provision of legal services

Rights of audience and rights to conduct litigation

37 Rights of audience: employed advocates.

In the M1Courts and Legal Services Act 1990, after section 31 (as substituted by section 36 above) insert—

“31A Employed advocates.

(1)

Where a person who has a right of audience granted by an authorised body is employed as a Crown Prosecutor or in any other description of employment, any qualification regulations or rules of conduct of the body relating to that right which fall within subsection (2) shall not have effect in relation to him.

(2)

Qualification regulations or rules of conduct relating to a right granted by a body fall within this subsection if—

(a)

they limit the courts before which, or proceedings in which, that right may be exercised by members of the body who are employed or limit the circumstances in which that right may be exercised by them by requiring them to be accompanied by some other person when exercising it; and

(b)

they do not impose the same limitation on members of the body who have the right but are not employed.”