Citation and Interpretation1
1
This Order may be cited as the Access to Justice Act 1999 (Commencement No. 1) Order 1999.
2
In this Order, “the Act” means the Access to Justice Act 1999 and, unless the context requires otherwise, references to a section, Part or Schedule by number alone mean the section, Part or Schedule so numbered in the Act.
Commencement of provisions in Access to Justice Act 1999
2
The following provisions of the Act shall come into force on 27th September 1999:
a
in Part III, sections 36 (barristers and solicitors), 40 (rights to conduct litigation: barristers and legal executives) and 42 (overriding duties of advocates and litigators), paragraphs 6, 7, 9 and 10 of Schedule 6 and, so far as it relates to those paragraphs, section 43 (minor and consequential amendments), section 46 (Bar practising certificates), section 48 and Schedule 7 (Law Society’s powers in relation to conduct of solicitors etc) and section 49 (powers of Legal Services Ombudsman);
b
in Part IV, section 66 and Schedule 9 (enforcement of community orders) and, in the areas specified in Schedule 1 to this Order, section 67(2) (time limits where accused sent for trial);
c
in Part V:
i
to the extent that it inserts section 30B into the Justices of the Peace Act 19972, section 83(1) (Greater London Magistrates' Courts Authority);
ii
paragraph 11 of Schedule 12 and, so far as it relates to that paragraph, section 83(3); and
iii
sections 88 (role of chief executives) and 89 (independence of clerks and staff exercising legal functions) and
d
in Part VII:
i
section 105;
ii
the following provisions of Schedule 15 (repeals and revocations):
a
in Part II, the repeal of, or (as the case may be) of words in, the provisions specified in Part I of Schedule 2 to this Order;
b
Part IV; and
c
in Part V(7), the repeal of sections 31(2) and 40(5) of, and paragraph 15 of Schedule 4 to, the Justices of the Peace Act 1997; and
iii
section 106 so far as it relates to the provisions of Schedule 15 referred to in sub-paragraph (ii) above, and to those referred to in section 108(3)(f), apart from the provisions specified in section 108(4).
3
The following provisions of the Act shall come into force on 1st November 1999:
a
section 53 (abolition of scriveners' monopoly);
b
in Part II of Schedule 15, the repeal of, or (as the case may be) of words in, the provisions specified in Part II of Schedule 2 to this Order; and
c
section 106 so far as it relates to the provisions of Schedule 15 referred to in sub-paragraph (b) above.
4
The following provisions of the Act shall come into force on 12th November 1999:
a
section 79 (justices not to sit on committal for sentence); and
b
Part V(4) of Schedule 15, and section 106, so far as it relates to that repeal.
Signed by authority of the Lord Chancellor