The Access to Justice Act 1999 (Commencement No. 1) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order is the first commencement order made under the Access to Justice Act 1999 and brings various provisions of the Act into force on 27th September 1999, 1st November 1999 and 12th November 1999.

The provisions being brought into force on 27th September 1999 relate to:

Legal Services (Part III)

Barristers and solicitors (section 36); rights to conduct litigation: barristers and legal executives (section 40); overriding duties of advocates and litigators (section 42); Bar practising certificates (section 46); Law Society’s powers in relation to conduct of solicitors etc. (section 48 and Schedule 7); powers of legal Services Ombudsman (section 49);

Appeal's, courts, judges and court proceedings (Part IV)

Enforcement of community orders (section 66 and Schedule 9); time limits where accused sent for trial (section 67(2), which is brought into force only in those areas where section 51 of the Crime and Disorder Act 1998 is currently in force);

Magistrates and magistrates' courts (Part V)

Greater London Magistrates' Courts Authority (section 83, in part); role of chief executives (section 88); independence of clerks and staff exercising legal functions (section 89).

The provisions relating to abolition of the scriveners' monopoly (section 53) are brought into force on 1st November 1999, and those relating to justices not sitting on committals for sentence (section 79) are brought into force on 12th November 1999.

Certain other minor and consequential provisions are also brought into force.