Statement by the Delegation of the United States of America on the elections to the State Duma in the Russian Federation, held on 18 September 2016
The Lord Chancellor may by order make provision—
conferring jurisdiction on the High Court in relation to proceedings in which the family court or the county court has jurisdiction;
conferring jurisdiction on the family court or the county court in relation to proceedings in which the High Court has jurisdiction;
allocating proceedings to the High Court or to the family court or to the county court ;
specifying proceedings which may be commenced only in the High Court;
specifying proceedings which may be commenced only in the county court;
specifying proceedings which may be commenced only in the family court,
specifying proceedings which may be taken only in the High Court;
specifying proceedings which may be taken only in the county court.
specifying proceedings which may be taken only in the family court;
Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.
An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.
The criteria so specified may, in particular, relate to—
the value of an action (as defined by the order);
the nature of the proceedings;
the parties to the proceedings;
the degree of complexity likely to be involved in any aspect of the proceedings; and
any relationship between the proceedings and any other proceedings;
the importance of any question likely to be raised by, or in the course of, the proceedings.
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which is pending in one county court; and
over which that court has jurisdiction under any provision made by virtue of subsection (4),
Any such order may—
amend or repeal any provision falling within subsection (8) and relating to— so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or
the jurisdiction, practice or procedure of the Senior Courts ; or
the jurisdiction, practice or procedure of the county court, or
the jurisdiction, practice or procedure of the family court,
make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.
A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.
Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court and the Senior Presiding Judge (appointed under section 72).
No such order shall be made so as to confer jurisdiction on the family court or the county court to hear any application for judicial review.
For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.
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The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
The following section shall be substituted for section 40 of the County Courts Act 1984 (transfer of proceedings to county court)—
In section 41 of the County Courts Act 1984 (transfer to High Court by order of the High Court), the following subsection shall be added at the end—
The following section shall be substituted for section 42 of the County Courts Act 1984 (transfer to High Court by order of a county court)—
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The following section shall be substituted for sections 38 and 39 of the County Courts Act 1984 (general ancillary jurisdiction and ancillary powers of judge)—
The following section shall be substituted for section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal and High Court)—
In section 52 of that Act (costs in Crown Court) the following subsection shall be inserted after subsection (2)—.
Rules of court may make provision—
requiring, in specified circumstances, any party to civil proceedings to serve on the other parties a written statement of the oral evidence which he intends to adduce on any issue of fact to be decided at the trial;
enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and
prohibiting a party who fails to comply with such a requirement or direction from adducing oral evidence on the issue of fact to which it relates.
Where a party to proceedings has refused to comply with such a requirement or direction, the fact that his refusal was on the ground that the required statement would have been a document which was privileged from disclosure shall not affect any prohibition imposed by virtue of subsection (1)(c).
This section is not to be read as prejudicing in any way any other power to make rules of court.
In section 64 of the County Courts Act 1984 (references to arbitration) the following subsections shall be inserted after subsection (2)—
Section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal) shall be amended as follows.
In subsection (1), paragraphs (e), (f) and (h) (which deal with cases in which leave is required for an appeal) shall be omitted.
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In this section “case” means any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate.
Rules of court may provide for the Court of Appeal, in such classes of case as may be specified in the rules, to have power, in place of ordering a new trial, to substitute for the sum awarded by the jury such sum as appears to the court to be proper.
This section is not to be read as prejudicing in any way any other power to make rules of court.
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The Lord Chancellor may, with the concurrence of the President of the Family Division, give directions that, in such circumstances as may be specified— shall be allocated to specified judges or to specified descriptions of judge.
any family proceedings which are within the jurisdiction of county courts; or
any specified description of such proceedings,
Any such direction shall have effect regardless of any rules of court.
Where any directions have been given under this section allocating any proceedings to specified judges, the validity of anything done by a judge in, or in relation to, the proceedings shall not be called into question by reason only of the fact that he was not a specified judge.
For the purposes of subsection (1) “county court” includes the principal registry of the Family Division of the High Court in so far as it is treated as a county court.
In this section—
to issue proceedings before any court in England and Wales;
“the Tribunal” means the Solicitors Disciplinary Tribunal.
“appropriate authorised body”, in relation to any person claiming to be entitled to any right to conduct litigation by virtue of subsection (2)(a), means the authorised body—
“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).
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In this section “family proceedings” has the meaning given by section 65(1) of the Magistrates' Courts Act 1980.
For the purpose of giving effect to any enactment mentioned in that section, rules made under section 144 of that Act may make, in relation to any family proceedings, any provision which—
falls within subsection (2) of section 93 of the Children Act 1989 (rules of court); and
may be made in relation to relevant proceedings under section 93 of the Act of 1989.
In section 35 of the Justices of the Peace Act 1979 (composition of committee of magistrates for inner London area), in subsection (3)—
in paragraph (b) for the words “three members of the juvenile court panel” there shall be substituted “one member of the juvenile court panel”; and
after that paragraph there shall be inserted the following paragraph—.
At the end of that section there shall be added the following subsection—
In section 37(1)(a) of that Act (justices' clerks) after the words “juvenile courts” there shall be inserted “and family proceedings courts”.
The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in the county court of such a kind as may be specified in the order.
The power to make an order may only be exercised in relation to proceedings— or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.
for the recovery of amounts due under contracts for the supply of goods or services;
for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order;
on any application under the Consumer Credit Act 1974;
in relation to domestic premises; or
dealt with as a small claim in accordance with rules of court,
Where an order is made under this section, section 20 of the Solicitors Act 1974 (unqualified person not to act as solicitor) shall cease to apply in relation to proceedings of the kind specified in the order.
Where the county court is of the opinion that a person who would otherwise have a right of audience by virtue of an order under this section is behaving in an unruly manner in any proceedings, it may refuse to hear him in those proceedings.
Where the county court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.
Where, in any proceedings in the county court— the judge may order that person’s disqualification from exercising any right of audience or any right to conduct litigation in proceedings in the county court.
a person is exercising a right of audience or a right to conduct litigation;
he would not be entitled to do so were it not for an order under this section; and
the judge has reason to believe that (in those or any other proceedings in which he has exercised a right of audience or a right to conduct litigation) that person has intentionally misled the court, or otherwise demonstrated that he is unsuitable to exercise that right,
Where a judge makes an order under subsection (6) he shall give his reasons for so doing.
Any person against whom such an order is made may appeal to the Court of Appeal.
Any such order may be revoked at any time by any judge of the county court.
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This section applies in relation to the family court as it applies in relation to the county court.
In this section “domestic premises” means any premises which are wholly or mainly used as a private dwelling.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).
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This section applies where an appointment has been fixed for any hearing in the High Court or in any county court, but a party to the proceedings—
has failed to appear; or
has failed to give the court due notice of his desire to cancel the hearing or of his inability to appear at it.
The court may summon the party concerned, or the person conducting the proceedings on his behalf, to explain his failure.
Where a court— the court may declare that person to be in contravention of this section.
has summoned a person under subsection (2); and
is not satisfied that he took reasonable steps to give due notice to the court of his desire to cancel the hearing or (as the case may be) of his inability to appear at it,
On declaring a person to be in contravention of this section a court may impose on him a penalty equivalent to a fine not exceeding level 3 on the standard scale.
Before deciding whether or not to impose any such penalty, the court shall consider the extent to which (if any) the person concerned will, or is likely to— as a result of his failure.
suffer any financial loss (by way of a reduction of costs or otherwise); or
be subject to any disciplinary action,
Sections 129 and 130 of the County Courts Act 1984 (enforcement, payment and application of fines) shall apply with respect to any penalty imposed by a county court under this section as they apply with respect to any fine imposed by any county court under that Act.
In subsection (1) “due notice” means—
such notice as is required by rules of court; or
where there is no such requirement applicable to the circumstances of the case, such notice as the court considers reasonable.
For subsection (1) of section 112 of the County Courts Act 1984 (power to make administration orders) there shall be substituted—
In that section the following subsection shall be inserted after subsection (4)—
Subsection (5) of that section shall be omitted.
The following subsection shall be added at the end of that section—
After that section there shall be inserted the following sections—
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Section 63 of the County Courts Act 1984 (assessors) shall be amended as follows.
The following subsections shall be substituted for subsections (1) and (2)—
For subsection (4) there shall be substituted—
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In section 89(1) of the County Courts Act 1984 (goods which may be seized under any warrant of execution), the following paragraph shall be substituted for paragraph (a)—.
Where a person takes steps to enforce a judgment or order of the High Court , the family court or the county court for the payment of any sum due, the costs of any previous attempt to enforce that judgment shall be recoverable to the same extent as if they had been incurred in the taking of those steps.
Subsection (3) shall not apply in respect of any costs which the court considers were unreasonably incurred (whether because the earlier attempt was unreasonable in all the circumstances of the case or for any other reason).
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Section 75 of the County Courts Act 1984 (county court rules) is amended as follows.
In subsection (3), the following paragraph shall be substituted for paragraph (d)—.
The following subsection shall be inserted after subsection (6)—
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The general objective of this Part is the development of legal services in England and Wales (and in particular the development of advocacy, litigation, conveyancing and probate services) by making provision for new or better ways of providing such services and a wider choice of persons providing them, while maintaining the proper and efficient administration of justice.
In this Act that objective is referred to as “the statutory objective”.
As a general principle the question whether a person should be granted a right of audience, or be granted a right to conduct litigation in relation to any court or proceedings, should be determined only by reference to—
whether he is qualified in accordance with the educational and training requirements appropriate to the court or proceedings;
whether he is a member of a professional or other body which—
has rules of conduct (however described) governing the conduct of its members;
has an effective mechanism for enforcing the rules of conduct; and
is likely to enforce them;
whether, in the case of a body whose members are or will be providing advocacy services, the rules of conduct make satisfactory provision in relation to the court or proceedings in question requiring any such member not to withhold those services—
on the ground that the nature of the case is objectionable to him or to any section of the public;
on the ground that the conduct, opinions or beliefs of the prospective client are unacceptable to him or to any section of the public;
on any ground relating to the source of any financial support which may properly be given to the prospective client for the proceedings in question (for example, on the ground that such support will be available under the Legal Aid Act 1988); and
whether the rules of conduct are, in relation to the court or proceedings, appropriate in the interests of the proper and efficient administration of justice.
In this Act that principle is referred to as “the general principle”.
Rules of conduct which allow a member of the body in question to withhold his services if there are reasonable grounds for him to consider that, having regard to— he is not being offered a proper fee, are not on that account to be taken as being incompatible with the general principle.
the circumstances of the case;
the nature of his practice; or
his experience and standing,
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Where any person is called upon to exercise any functions which are conferred by this Part with respect to— it shall be the duty of that person to exercise those functions as soon as is reasonably practicable and consistent with the provisions of this Part.
the granting of rights of audience;
the granting of rights to conduct litigation;
the approval of qualification regulations or rules of conduct; or
the giving of advice with respect to any matter mentioned in paragraphs (a) to (c),
A person exercising any such functions shall act in accordance with the general principle and, subject to that, shall—
so far as it is possible to do so in the circumstances of the case, act to further the statutory objective; and
not act in any way which would be incompatible with the statutory objective.
There shall be a body corporate to be known as the Lord Chancellor’s Advisory Committee on Legal Education and Conduct (in this Act referred to as “the Advisory Committee”).
The Advisory Committee shall consist of a Chairman, and 16 other members, appointed by the Lord Chancellor.
The Chairman shall be a Lord of Appeal in Ordinary or a judge of the Supreme Court of England and Wales.
Of the 16 other members of the Advisory Committee—
one shall be a judge who is or has been a Circuit judge;
2 shall be practising barristers appointed after consultation with the General Council of the Bar;
2 shall be practising solicitors appointed after consultation with the Law Society;
2 shall be persons with experience in the teaching of law, appointed after consultation with such institutions concerned with the teaching of law and such persons representing teachers of law as the Lord Chancellor considers appropriate; and
9 shall be persons other than— appointed after consultation with such organisations as the Lord Chancellor considers appropriate.
salaried judges of any court;
practising barristers;
practising solicitors; or
teachers of law,
In appointing any member who falls within subsection (4)(e), the Lord Chancellor shall have regard to the desirability of appointing persons who have experience in, or knowledge of—
the provision of legal services;
civil or criminal proceedings and the working of the courts;
the maintenance of professional standards among barristers or solicitors;
social conditions;
consumer affairs;
commercial affairs; or
the maintenance of professional standards in professions other than the legal profession.
The Advisory Committee shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown.
The Advisory Committee’s property shall not be regarded as property of, or held on behalf of, the Crown.
In this section “practising” means—
in relation to a barrister, one who is in independent practice or is employed wholly or mainly for the purpose of providing legal services to his employer;
in relation to a solicitor, one who has a practising certificate in force or is employed wholly or mainly for the purpose of providing legal services to his employer.
The provisions of Schedule 1 shall have effect with respect to the constitution, procedure and powers of the Advisory Committee and with respect to connected matters.
The Advisory Committee shall have the general duty of assisting in the maintenance and development of standards in the education, training and conduct of those offering legal services.
The Advisory Committee shall carry out that general duty by performing the functions conferred on it by Schedule 2.
In discharging its functions the Advisory Committee shall—
where it considers it appropriate, have regard to the practices and procedures of other member States in relation to the provision of legal services;
have regard to the desirability of equality of opportunity between persons seeking to practise any profession, pursue any career or take up any employment, in connection with the provision of legal services.
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The Lord Chancellor shall appoint a person for the purpose of conducting investigations under this Act.
The person appointed shall be known as “the Legal Services Ombudsman”.
The Legal Services Ombudsman—
shall be appointed for a period of not more than three years; and
shall hold and vacate office in accordance with the terms of his appointment.
At the end of his term of appointment the Legal Services Ombudsman shall be eligible for re-appointment.
The Legal Services Ombudsman shall not be an authorised advocate, authorised litigator, licensed conveyancer, authorised practitioner or notary.
Schedule 3 shall have effect with respect to the Legal Services Ombudsman.
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Subject to the provisions of this Act, the Legal Services Ombudsman may investigate any allegation which is properly made to him and which relates to the manner in which a complaint made to a professional body with respect to— has been dealt with by that professional body.
a person who is or was an authorised advocate, authorised litigator, licensed conveyancer, registered foreign lawyer, recognised body or duly certificated notary public and a member of that professional body; or
any employee of such a person,
If the Ombudsman investigates an allegation he may investigate the matter to which the complaint relates.
If the Ombudsman begins to investigate an allegation he may at any time discontinue his investigation.
If the Ombudsman decides not to investigate an allegation which he would be entitled to investigate, or discontinues an investigation which he has begun, he shall notify the following of the reason for his decision—
the person making the allegation;
any person with respect to whom the complaint was made; and
the professional body concerned.
The Ombudsman shall not investigate an allegation while—
the complaint is being investigated by the professional body concerned;
an appeal is pending against the determination of the complaint by that body; or
the time within which such an appeal may be brought by any person has not expired.
Subsection (5) does not apply if—
the allegation is that the professional body—
has acted unreasonably in failing to start an investigation into the complaint; or
having started such an investigation, has failed to complete it within a reasonable time; or
the Ombudsman is satisfied that, even though the complaint is being investigated by the professional body concerned, an investigation by him is justified.
The Ombudsman shall not investigate—
any issue which is being or has been determined by—
a court;
the Solicitors Disciplinary Tribunal;
the Disciplinary Tribunal of the Council of the Inns of Court; or
any tribunal specified in an order made by the Lord Chancellor for the purposes of this subsection; or
any allegation relating to a complaint against any person which concerns an aspect of his conduct in relation to which he has immunity from any action in negligence or contract.
The Ombudsman may—
if so requested by the Scottish ombudsman, investigate an allegation relating to a complaint made to a professional body in Scotland; and
arrange for the Scottish ombudsman to investigate an allegation relating to a complaint made to a professional body in England and Wales.
For the purposes of this section, an allegation is properly made if it is made—
in writing; and
by any person affected by what is alleged in relation to the complaint concerned or, where that person has died or is unable to act for himself, by his personal representative or by any relative or other representative of his.
The Ombudsman may investigate an allegation even though—
the complaint relates to a matter which arose before the passing of this Act; or
the person making the complaint may be entitled to bring proceedings in any court with respect to the matter complained of.
In this section—
to commence, prosecute and defend such proceedings; and
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Where the Legal Services Ombudsman has completed an investigation under this Act he shall send a written report of his conclusions to—
the person making the allegation;
the person with respect to whom the complaint was made;
any other person with respect to whom the Ombudsman makes a recommendation under subsection (2); and
the professional body concerned.
In reporting his conclusions, the Ombudsman may recommend—
that the complaint be reconsidered by the professional body concerned;
that the professional body concerned or any other relevant disciplinary body consider exercising its powers in relation to—
the person with respect to whom the complaint was made; or
any person who, at the material time, was connected with him;
that— pay compensation of an amount specified by the Ombudsman to the complainant for loss suffered by him, or inconvenience or distress caused to him, as a result of the matter complained of;
the person with respect to whom the complaint was made; or
any person who, at the material time, was connected with him,
that the professional body concerned pay compensation of an amount specified by the Ombudsman to the person making the complaint for loss suffered by him, or inconvenience or distress caused to him, as a result of the way in which the complaint was handled by that body;
that the person or professional body to which a recommendation under paragraph (c) or (d) applies make a separate payment to the person making the allegation of an amount specified by the Ombudsman by way of reimbursement of the cost, or part of the cost, of making the allegation.
More than one such recommendation may be included in a report under this section.
Where the Ombudsman includes any recommendation in a report under this section, the report shall give his reasons for making the recommendation.
For the purposes of the law of defamation the publication of any report of the Ombudsman under this section and any publicity given under subsection (9) shall be absolutely privileged.
It shall be the duty of any person to whom a report is sent by the Ombudsman under subsection (1)(b) or (c) to have regard to the conclusions and recommendations set out in the report, so far as they concern that person.
Where— he shall, before the end of the period of three months beginning with the date on which the report was sent, notify the Ombudsman of the action which he has taken, or proposes to take, to comply with the recommendation.
a report is sent to any person under this section; and
the report includes a recommendation directed at him,
Any person who fails to comply (whether wholly or in part) with a recommendation under subsection (2) shall publicise that failure, and the reasons for it, in such manner as the Ombudsman may specify.
Where a person is required by subsection (8) to publicise any failure, the Ombudsman may take such steps as he considers reasonable to publicise that failure if—
the period mentioned in subsection (7) has expired and that person has not complied with subsection (8); or
the Ombudsman has reasonable cause for believing that that person will not comply with subsection (8) before the end of that period.
Any reasonable expenses incurred by the Ombudsman under subsection (9) may be recovered by him (as a civil debt) from the person whose failure he has publicised.
For the purposes of this section, the person with respect to whom a complaint is made (“the first person”) and another person (“the second person”) are connected if—
the second person—
employs the first person; and
is an authorised advocate, authorised litigator, duly certificated notary public, licensed conveyancer or partnership;
they are both partners in the same partnership; or
the second person is a recognised body which employs the first person or of which the first person is an officer.
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The Legal Services Ombudsman may make recommendations to any professional body about the arrangements which that body has in force for the investigation of complaints made with respect to persons who are subject to that body’s control.
It shall be the duty of any professional body to whom a recommendation is made under this section to have regard to it.
The Ombudsman may refer to the Advisory Committee any matters which come to his notice in the exercise of his functions and which appear to him to be relevant to the Committee’s functions.
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Where the Legal Services Ombudsman is conducting an investigation under this Act he may require any person to furnish such information or produce such documents as he considers relevant to the investigation.
For the purposes of any such investigation, the Ombudsman shall have the same powers as the High Court in respect of the attendance and examination of witnesses (including the administration of oaths or affirmations and the examination of witnesses abroad) and in respect of the production of documents.
No person shall be compelled, by virtue of subsection (2), to give evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.
If any person is in contempt of the Ombudsman in relation to any investigation conducted under section 22, the Ombudsman may certify that contempt to the High Court.
For the purposes of this section a person is in contempt of the Ombudsman if he acts, or fails to act, in any way which would constitute contempt if the investigation being conducted by the Ombudsman were civil proceedings in the High Court.
Where a person’s contempt is certified under subsection (4), the High Court may enquire into the matter.
Where the High Court conducts an inquiry under subsection (6) it may, after— deal with him in any manner that would be available to it had he been in contempt of the High Court.
hearing any witness produced against, or on behalf of, the person concerned; and
considering any statement offered in his defence,
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The Lord Chancellor may by regulation extend the jurisdiction of the Legal Services Ombudsman by providing for the provisions of sections 21 to 25 to have effect, with such modifications (if any) as he thinks fit, in relation to the investigation by the Ombudsman of allegations—
which relate to complaints of a prescribed kind concerned with the provision of probate services; and
which he would not otherwise be entitled to investigate.
Without prejudice to the generality of the power given to the Lord Chancellor by subsection (1), the regulations may make provision for the investigation only of allegations relating to complaints—
made to prescribed bodies; or
with respect to prescribed categories of person.
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The question whether a person has a right of audience before a court, or in relation to any proceedings, shall be determined solely in accordance with the provisions of this Part.
A person shall have a right of audience before a court in relation to any proceedings only in the following cases—
where—
he has a right of audience before that court in relation to those proceedings granted by the appropriate authorised body; and
that body’s qualification regulations and rules of conduct have been approved for the purposes of this section, in relation to the granting of that right;
where paragraph (a) does not apply but he has a right of audience before that court in relation to those proceedings granted by or under any enactment;
where paragraph (a) does not apply but he has a right of audience granted by that court in relation to those proceedings;
where he is a party to those proceedings and would have had a right of audience, in his capacity as such a party, if this Act had not been passed; or
where—
he is employed (whether wholly or in part), or is otherwise engaged, to assist in the conduct of litigation and is doing so under instructions given (either generally or in relation to the proceedings) by a qualified litigator; and
the proceedings are being heard in chambers in the High Court or a county court and are not reserved family proceedings.
No person shall have a right of audience as a barrister by virtue of subsection (2)(a) above unless he has been called to the Bar by one of the Inns of Court and has not been disbarred or temporarily suspended from practice by order of an Inn of Court.
Nothing in this section affects the power of any court in any proceedings to refuse to hear a person (for reasons which apply to him as an individual) who would otherwise have a right of audience before the court in relation to those proceedings.
Where a court refuses to hear a person as mentioned in subsection (4) it shall give its reasons for refusing.
Nothing in this section affects any provision made by or under any enactment which prevents a person from exercising a right of audience which he would otherwise be entitled to exercise.
Where, immediately before the commencement of this section, no restriction was placed on the persons entitled to exercise any right of audience in relation to any particular court or in relation to particular proceedings, nothing in this section shall be taken to place any such restriction on any person.
Where— a court does not permit the appearance of advocates, or permits the appearance of advocates only with leave, no person shall have a right of audience before that court, in relation to any proceedings, solely by virtue of the provisions of this section.
immediately before the commencement of this section; or
by virtue of any provision made by or under an enactment passed subsequently,
In this section—
Every member of the Advisory Committee— Any person who ceases to be a member of the Advisory Committee shall be eligible for re-appointment. A member of the Advisory Committee may at any time resign his office by giving notice in writing to the Lord Chancellor. The Lord Chancellor may remove a member of the Advisory Committee if satisfied—
The Advisory Committee may regulate its own procedure.
Anything authorised or required by or under any enactment to be done by the Advisory Committee may be done— Any committee or sub-committee of the Advisory Committee— The Chairman of the Advisory Committee shall be a member of any committee or sub-committee for which he has nominated another member of the Advisory Committee to be its chairman.
The validity of any proceedings of the Advisory Committee shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.
The application of the seal of the Advisory Committee shall be authenticated by the signature of—
the Chairman or any other member of the Advisory Committee; and
a member of the Advisory Committee’s staff who has been authorised by the Advisory Committee for the purpose, whether generally or specifically.
Any document which the Advisory Committee is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Advisory Committee by any person who has been authorised for the purpose, whether generally or specifically, by the Advisory Committee. Every document purporting to be an instrument made or issued by or on behalf of the Advisory Committee and— shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.
The Advisory Committee shall pay— such remuneration, and such travelling and other allowances, as may be determined by the Lord Chancellor. The Advisory Committee shall, if so required by the Lord Chancellor— as may be determined by the Lord Chancellor. If, when any member of the Advisory Committee ceases to hold office, the Lord Chancellor determines that there are special circumstances which make it right that that member should receive compensation, the Advisory Committee shall pay to him a sum by way of compensation of such amount as may be so determined. The approval of the Treasury shall be required for the making of a determination under this paragraph.
The Advisory Committee may, with the approval of the Lord Chancellor as to terms and conditions of service, appoint such staff as it may determine. The Advisory Committee, with the approval of the Lord Chancellor, may— Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Advisory Committee’s staff who suffer loss of employment or loss or diminution of emoluments. If any person— the Advisory Committee may, with the approval of the Lord Chancellor, make provision for him to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Lord Chancellor determine, as if his service as a member were service as a member of the Advisory Committee’s staff; and any such provision shall be without prejudice to paragraph 7. The consent of the Treasury shall be required for the giving of any approval under this paragraph.
The Advisory Committee shall keep accounts and shall prepare a statement of accounts (the “statement") in respect of each financial year. The accounts shall be kept, and the statement shall be prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct. The accounts shall be audited by persons to be appointed in respect of each financial year by the Lord Chancellor in accordance with a scheme of audit approved by him. The auditors shall be furnished by the Advisory Committee with copies of the statement and shall prepare a report to the Lord Chancellor on the accounts and statement. No person shall be appointed as auditor under this paragraph unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or is a member of the Chartered Institute of Public Finance and Accountancy. On completion of the audit of the accounts, the auditors shall send to the Lord Chancellor a copy of the statement and of their report. The Lord Chancellor shall send a copy of the statement and of the report to the Comptroller and Auditor General. The Lord Chancellor and the Comptroller and Auditor General may inspect the Advisory Committee’s accounts and any records relating to them. The Lord Chancellor shall lay before each House of Parliament a copy of every statement and report sent to him under this paragraph. In this paragraph “financial year” means—
The Lord Chancellor may, with the approval of the Treasury, make to the Advisory Committee out of money provided by Parliament grants of such amounts as he thinks fit. The payment by the Lord Chancellor of a grant under this paragraph shall be on such terms as he may, with the approval of the Treasury, provide.
The Advisory Committee shall submit to the Lord Chancellor an annual report on the discharge of its functions. The Lord Chancellor shall lay the Advisory Committee’s annual report before each House of Parliament.
For the purposes of the law of defamation, the publication of any advice or report by the Advisory Committee in the exercise of any of its functions shall be absolutely privileged.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place— “ The Lord Chancellor’s Advisory Committee on Legal Education and Conduct ”. The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
The Advisory Committee shall— The Advisory Committee shall give such advice as it thinks appropriate with a view to ensuring that the education and training of those who offer to provide legal services is relevant to the needs of legal practice and to the efficient delivery of legal services to the public. The Advisory Committee’s duties under this paragraph shall extend to all stages of legal education and training.
The Advisory Committee shall—
consider what form of initial academic and practical training is necessary to ensure that those who qualify as persons entitled to exercise rights of audience are adequately trained under supervision (whether by their chambers or firms or otherwise); and
consider the extent to which further training for persons exercising such rights is necessary.
The Advisory Committee shall—
consider what form of initial academic and practical training is necessary to ensure that those who qualify as persons entitled to exercise rights to conduct litigation are adequately trained under supervision (whether by their firms or otherwise); and
consider the extent to which further training for persons exercising such rights is necessary.
The Advisory Committee may consider what form of practical training is necessary in other areas concerned with the provision of legal services.
The Advisory Committee may make such recommendations with regard to any matters which it is required to keep under review or consider as it thinks appropriate. Any such recommendation may be made— The Advisory Committee may from time to time give advice to the General Council of the Bar, the Law Society and other authorised bodies on all aspects of their qualification regulations and rules of conduct, whether or not relating to advocacy or the conduct of litigation. Any body— shall have regard to it to the extent that it applies in relation to matters connected with advocacy or the conduct of litigation.
It shall be the duty of the Advisory Committee— In this paragraph— Where the Advisory Committee considers that any specialisation scheme should be established it shall make the appropriate recommendation to the representative body concerned. The Advisory Committee shall give to the representative body concerned such advice (if any) as it considers appropriate with respect to any specialisation scheme maintained by that body. The Advisory Committee shall consider any proposed specialisation scheme which is referred to it by the representative body which proposes to establish it. Where the Advisory Committee has considered any such proposed scheme, it shall give such advice (if any) to the representative body concerned as it considers appropriate. In considering any such proposed scheme, the Advisory Committee shall have regard, in particular, to—
In discharging its functions under this Schedule, the Advisory Committee shall have regard to the need for the efficient provision of legal services for persons who face special difficulties in making use of those services, including in particular special difficulties in expressing themselves or in understanding.
Section 21.
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Any professional or other body which wishes to become an authorised body for the purposes of section 27 or 28 (“the applicant”) shall send to the Advisory Committee— Those documents shall be accompanied by such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed by the Advisory Committee if the Committee is to carry out its functions under this Part of this Schedule properly. The applicant shall provide the Advisory Committee with such additional information as the Committee may reasonably require. It shall be the duty of the Advisory Committee to consider the applicant’s draft qualification regulations and rules of conduct in relation to the proposed rights. When it has completed its consideration, the Advisory Committee shall advise the applicant of the extent to which (if at all) the draft regulations or rules should, in the Committee’s opinion, be amended in order to make them better designed— In subsequently making its qualification regulations and rules of conduct, with a view to applying for authorisation for the purposes of section 27 or 28, the applicant shall have regard to any advice given to it by the Advisory Committee under this paragraph.
Where the applicant has complied with paragraph 1 and wishes to proceed with its application for authorisation, it shall apply to the Lord Chancellor for its qualification regulations and rules of conduct to be approved in relation to the proposed rights. An application under this paragraph shall— The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require. On receipt of such an application, the Lord Chancellor shall—
The Lord Chancellor shall also send copies of the documents mentioned in paragraph 2(4)(a) to the Director. The Director shall consider whether the regulations and rules would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent. When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. The Director may publish any advice given by him under this paragraph. The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.
Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under paragraph 3, as it applies in relation to the investigation of any matter under section 45.
When he has received the advice of the Advisory Committee and that of the Director, the Lord Chancellor shall send a copy of the advice to the applicant. The applicant shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, to make representations about the advice— When the period of 28 days has expired the Lord Chancellor shall consider, in the light of the advice and of any representations duly made by the applicant under sub-paragraph (2)— When the Lord Chancellor has complied with sub-paragraph (3) he shall— It shall then be the duty of each designated judge to consider the regulations and rules and, in the light of the other material sent to him by the Lord Chancellor under sub-paragraph (4), to consider the questions considered by the Lord Chancellor under sub-paragraph (3). The applicant shall provide each designated judge with such additional information about the regulations and rules as he may reasonably require. If the Lord Chancellor, or any of the designated judges, is satisfied that approving the application would be incompatible with the statutory objective or the general principle (whether because of any provision of the regulations or rules, or for any other reason), he shall refuse to approve the application. When each designated judge has discharged his duties under this paragraph he shall notify the Lord Chancellor in writing both of his decision and of his reasons for reaching it. When— the Lord Chancellor shall notify the applicant of the result of its application. If the Lord Chancellor or any of the designated judges has refused to approve the application it shall fail. The Lord Chancellor shall, if the applicant applies to him in writing, notify the applicant of—
Where an authorised body proposes to make any alteration to its qualification regulations or rules of conduct which is required by section 29(3) to be approved under this Part of this Schedule, it shall send to the Advisory Committee a copy of— Where an authorised body proposes to make any alteration in the rights granted by it which calls for its qualification regulations and rules of conduct to be approved under section 29(4), it shall send to the Advisory Committee a copy of— The documents sent to the Advisory Committee by the authorised body under sub-paragraph (1) or (2) shall be accompanied by such explanatory material as it considers is likely to be needed by the Advisory Committee in order for the Committee to be able to understand fully the implications of the proposed alteration. The applicant shall provide the Advisory Committee with such additional information as the Committee may reasonably require.
It shall be the duty of the Advisory Committee to consider the applicant’s regulations and rules and the proposed alteration. When it has completed its consideration, the Advisory Committee shall advise the applicant of the extent to which (if at all) its qualification regulations or rules of conduct should, in the Committee’s opinion, be amended in order better to—
If, after— the applicant wishes the approval required by section 29(3) or (as the case may be) (4) to be given, it shall apply to the Lord Chancellor under this paragraph. An application under this paragraph shall— The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require. On receipt of such an application, the Lord Chancellor shall—
The Lord Chancellor shall also send a copy of the documents mentioned in paragraph 8(4)(a) to the Director. The Director shall consider whether the amending regulations or rules would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent. When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. The Director may publish any advice given by him under this paragraph. The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.
Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under paragraph 9, as it applies in relation to the investigation of any matter under section 45.
When he has received the advice of the Advisory Committee and that of the Director, the Lord Chancellor shall send a copy of the advice to the applicant. The applicant shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, to make representations about the advice— When the period of 28 days has expired the Lord Chancellor shall consider, in the light of the advice and of any representations duly made by the applicant under sub-paragraph (2) whether the approval required by section 29(3) or (4) should be given. When the Lord Chancellor has complied with sub-paragraph (3) he shall— It shall then be the duty of each designated judge to consider, in the light of the material sent to him by the Lord Chancellor under sub-paragraph (4), whether the required approval should be given. The applicant shall provide each designated judge with such additional information as may reasonably be required. If the Lord Chancellor, or any of the designated judges, is satisfied that the alteration is incompatible with the statutory objective or the general principle, he shall refuse to give the required approval. When each designated judge has discharged his duties under this paragraph he shall notify the Lord Chancellor in writing both of his decision and of his reasons for reaching it. When— the Lord Chancellor shall notify the applicant of the result of its application. If the Lord Chancellor or any of the designated judges refuses to give the required approval, the alteration in question shall not have effect. The Lord Chancellor shall, if the applicant applies to him in writing, notify the applicant of—
Where the Lord Chancellor is considering whether to recommend the making of a revoking Order by virtue of section 30(2)(c) or is advised by one or more of the designated judges that there are grounds for making such a recommendation, he shall seek the advice of the Advisory Committee. The Advisory Committee shall carry out such investigations with respect to the authorised body concerned as it considers appropriate. Where— it may carry out such investigations with respect to the authorised body as it considers appropriate. On concluding any investigation carried out under sub-paragraph (2) or (3), the Advisory Committee shall—
Where the Advisory Committee is carrying out an investigation under paragraph 12 it may require the authorised body concerned to provide it with such information, including copies of such documents, as it may reasonably require for the purposes of the investigation. 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. Where an authorised body fails, without reasonable excuse, to comply with a request made to it by the Committee under sub-paragraph (1), section 30(2)(c) shall be taken to have been satisfied in relation to that body.
If the Advisory Committee advises the Lord Chancellor that there are grounds for recommending the making of an Order under section 30 with respect to an authorised body, the Lord Chancellor shall send written notice of that advice, and of the effect of such an Order, to that body. Any such notice shall invite the authorised body to make representations in writing to the Lord Chancellor or such person as he may appoint for the purpose. 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.
If the Secretary of State considers— he may give written notice to the body. Before giving notice to an authorised body under sub-paragraph (1) the Secretary of State shall inform each of the designated judges that he intends to do so.
Where— he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by any Order made under section 30 with respect to that body. 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. Any such representations—
It shall be the duty of the Lord Chancellor to consider— Having done so, the Lord Chancellor shall— It shall be the duty of each of the designated judges— No Order under section 30 shall be made with respect to the authorised body unless the Lord Chancellor and each of the designated judges have decided that it should be made.
The notice shall invite the authorised body to make representations in writing to the Secretary of State. Any such representations must be made before the end of— When that period has expired the Secretary of State shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct. If the Secretary of State proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of— to the Consultative Panel, the OFT and each of the designated judges.
The Consultative Panel shall consider whether the alterations should be made. The Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require. When the Consultative Panel has completed its consideration it shall give such advice to the Secretary of State as it thinks fit. The Consultative Panel shall publish any advice given by it under this paragraph.
The OFT shall consider whether making the alterations would have, or be likely to have, any significant effect on competition. The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require. When the OFT has completed its consideration itshall give such advice to the Secretary of State as it thinks fit. The OFT shall publish any advice given by it under this paragraph. The OFTshall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person. Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.
When the Secretary of State has received the advice of the Consultative Panel and the OFT, he shall send a copy of the advice to the authorised body. The authorised body shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, or such other period as the authorised body and the Secretary of State may agree, to make representations about the advice to the Secretary of State.
The Secretary of State shall send to each of the designated judges a copy of— Each of the designated judges shall then consider whether the alterations should be made. The Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require. When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.
After considering— the Secretary of State shall decide whether to make the alterations. When the Secretary of State has made his decision he shall notify the authorised body of it. If the Secretary of State has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.
If the Secretary of State has decided to make the alterations he may make an order giving effect to the alterations.
Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Secretary of State may recommend to Her Majesty that an Order in Council be made revoking that designation. A recommendation may be made under sub-paragraph (1) only if—
Where the Secretary of State considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the OFT.
The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate. The Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require. When the Consultative Panel has completed its investigations it shall— The Consultative Panel shall publish any advice given by it under this paragraph.
The OFT shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition. The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require. When the OFT has completed its consideration sh all give such advice to the Secretary of State as it thinks fit. The OFT shall publish any advice given by it under this paragraph. The OFTshall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person. Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.
When the Secretary of State has received the advice of the Consultative Panel and the OFT, he may give to the body a notice containing— The notice shall invite the authorised body to make representations in writing to the Secretary of State. Any such representations must be made before the end of—
Where the Secretary of State— he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation. Any such steps shall include inviting those members and other persons to make representations to the Secretary of State. Any such representations—
The Secretary of State shall send to each of the designated judges— Each of the designated judges shall then consider whether the Secretary of State should make the recommendation. The Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require. When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.
Before deciding whether to make the recommendation the Secretary of State shall consider—
any representations made under paragraph 30 and the advice given by each of the designated judges; and
in a case where he is required to seek the advice of the Consultative Panel and the OFT, the advice given to him by the Consultative Panel and the OFTand of any representations made under paragraph 29.
An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision. Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order. Where such an Order is made, the Secretary of State shall—
Every member of the Board— Any person who ceases to be a member of the Board shall be eligible for re-appointment. A member of the Board may at any time resign his office by giving notice in writing to the Secretary of State . The Secretary of State may remove a member of the Board if satisfied—
The Board may regulate its own procedure.
Anything authorised or required by or under any enactment to be done by the Board, other than the making of rules, may be done—
by any member of the Board, or of the Board’s staff, who has been authorised for the purpose, whether generally or specifically, by the Board; or
by any committee or sub-committee of the Board which has been so authorised.
The validity of any proceedings of the Board shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.
The application of the seal of the Board shall be authenticated by the signature of—
the Chairman or any other member of the Board; and
a member of the Board’s staff who has been authorised by the Board for the purpose, whether generally or specifically.
Any document which the Board is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Board by any member of the Board or of its staff who has been authorised for the purpose, whether generally or specifically, by the Board. Every document purporting to be an instrument made or issued by or on behalf of the Board and— shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.
The Board shall pay to its members such remuneration, and such travelling and other allowances, as it may determine. If a member of the Board ceases to hold office and it appears to the Board that there are special circumstances which make it right that he should receive compensation, the Board may pay him such sum as it may determine.
The Board may appoint such staff, and shall pay them such remuneration, as it may determine. The Board may, as regards any of its staff— 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.
The Board shall keep proper accounts of all sums received and paid by it and proper records in relation to those accounts. The Board shall appoint auditors and cause its accounts to be audited annually by the auditors. As soon as is practicable after the accounts for any period have been audited, the Board shall cause them to be published and shall send a copy of them to the Secretary of State together with a copy of any report of the auditors on the accounts. No person shall be appointed as an auditor under this paragraph unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 or is a member of the Chartered Institute of Public Finance and Accountancy.
The Board shall submit to the Secretary of State an annual report on the discharge of its functions. The Secretary of State shall lay the Board’s annual report before Parliament.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place— “ The Authorised Conveyancing Practitioners Board ”. The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
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A Tribunal hearing any appeal shall have power to— On determining any appeal, a Tribunal may—
The Lord Chancellor may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, Tribunals. The regulations may, in particular, make provision—
The Lord Chancellor may, with the consent of the Treasury, make such provision as he thinks fit for— Any sums payable under any provision made by the Lord Chancellor under sub-paragraph (1) shall be paid out of money provided by Parliament.
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In this Schedule “the scheme” means the “Conveyancing Ombudsman Scheme” established by rules made under section 43(1).
The scheme may provide—
for the Conveyancing Ombudsman to appoint his staff; and
for the establishment and functioning of an independent body (whether corporate or unincorporate) to administer the scheme.
The scheme may provide for the Conveyancing Ombudsman— 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.
The jurisdiction of the Conveyancing Ombudsman shall be determined by the scheme.
The scheme may provide for the Conveyancing Ombudsman not to have jurisdiction to investigate complaints unless—
the procedure for investigating complaints which is maintained by the authorised practitioner against whom the complaint is made has been exhausted; or
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.
The 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.
The 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.
The scheme shall—
confer on the Conveyancing Ombudsman power to require—
information and documents relevant to any investigation under the scheme to be furnished to him;
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;
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.
The 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.
Subject 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.
Paragraph 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.
Where 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.
Where a case is so stated the High Court may direct the Conveyancing Ombudsman to reconsider the complaint.
A 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 Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals).
No appeal shall lie from any decision of the High Court under paragraph 13 without the leave of the Court of Appeal.
Nothing in this Schedule is to be taken as prejudicing the generality of the power to make rules under section 43.
Section 53.
In this Schedule—
For the purpose of exercising the powers conferred by section 53 the Council may make such qualification regulations and conduct rules as it considers appropriate in connection with the carrying on of the reserved legal activities in question. In making any such regulations or rules the Council may, in particular, do anything which it has power to do in making rules under section 13 of the Act of 1985 (training rules).
An application for an advocacy licence, litigation licence or probate licence shall be made to the Council in such manner, and shall be accompanied by such fee, as may be prescribed by rules made by the Council under this paragraph. Any such rules— Rules made under section 14 of the Act of 1985 and this paragraph may make provision with respect to applications for composite licences.
If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that— the Council may issue the applicant either with a licence free of conditions or with a licence subject to such conditions as it sees fit to impose. If the Council is for any reason not so satisfied, or for any other reason refuses the application, it shall notify the applicant of its refusal and of the grounds on which the application has been refused. Subsections (3) to (6) of section 15 of the Act of 1985 (issue of licences under section 14 of that Act) shall apply, with the necessary modifications, with respect to—
This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence— This paragraph also has effect in any case where a person applies for such a licence and any of the circumstances mentioned in paragraphs (e) to (j) of section 16 of the Act of 1985 (conditional licences) apply in his case. Sub-paragraphs (1) and (2) are subject to subsection (4) of section 16 of the Act of 1985, as applied by sub-paragraph (7) of this paragraph. In any case where this paragraph has effect the Council may, on issuing an advocacy, litigation or probate licence to the applicant, issue it subject to such conditions as the Council thinks fit. The Council’s decision in any such case to impose any particular conditions under this paragraph may be made by reference to such criteria of general application as may have been determined by the Council. Without prejudice to the generality of sub-paragraph (4), conditions may be imposed under that sub-paragraph— and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) or (c) or otherwise) as they may be under Part II of the Act of 1985. Subsections (4) and (5) of section 16 of the Act of 1985 shall have effect, with the necessary modifications, with respect to an advocacy, litigation or probate licence as they have effect with respect to a licence issued under Part II of that Act. Where a person applies for an advocacy, litigation or probate licence at a time when this paragraph has effect in relation to that person by reason of the circumstances mentioned in section 16(1)(ea) of the Act of 1985, section 16A(2) of that Act has effect as it has effect in relation to an application for a licence under Part 2 of that Act.
Where an advocacy, litigation or probate licence is in force with respect to a licensed conveyancer, the Council shall enter details of the licence in the appropriate place in the register of licensed conveyancers maintained by it under section 19 of the Act of 1985. The Council shall accordingly cause the appropriate entries to be made on the issue of any advocacy, litigation or probate licence and deletions on any such licence ceasing to be in force. Where any such licence is for the time being suspended, the Council shall cause that fact to be noted in the register against the name of the licensed conveyancer concerned.
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The Council must establish and maintain, in such form as the Council may determine, a register containing the names and places of business of all persons who for the time being hold an advocacy, litigation or probate licence and are not licensed conveyancers. The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person. The Council must cause the appropriate entries and deletions to be made in the register on the issue and termination of advocacy, litigation and probate licences; and where any licence held by a person is for the time being suspended by virtue of any provision of Part 2 of the Act of 1985 as applied by this Act the Council must cause that fact to be noted in the register against that person's name. Any change in a licensed CLC practitioner's place or places of business must be notified by that person to the Council within the period of fourteen days beginning with the date on which the change takes effect. The Council must provide facilities for making the information contained in the entries in the register available for inspection in visible and legible form by any person during office hours and without payment. A certificate signed by an officer of the Council appointed for the purpose and stating— is, unless the contrary is proved, evidence of the facts stated in the certificate; and a certificate purporting to be so signed is to be taken to have been so signed unless the contrary is proved.
Where a relevant licence ceases to be in force because of— any other relevant licence in force with respect to that person at the time shall cease to have effect to the same extent as the licence in question.
a direction under section 24(5) of the Act of 1985, or
an order under section 26(2)(a) or (c) of the Act of 1985,
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The Council may arrange for any of its functions (other than those of making rules, schemes or standing orders under Part II of the Act of 1985) to be discharged— Where by virtue of sub-paragraph (1) any function may be discharged by a committee, the committee may arrange for the discharge of that function by— Sub-paragraph (1A) is subject to any contrary direction given by the Council. Arrangements made under sub-paragraph (1) or (1A) in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body). For this purpose “the delegating body” means— The Council may make rules providing for functions conferred by Part II of the Act of 1985 on any committee established under that Part to be discharged by a committee established under this paragraph. Any power conferred by sub-paragraph (1), (1A) or (2) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged. The Council may make rules providing for any of its committees (including one established under Part II of the Act of 1985) to refer any matter of a kind specified in the rules, in such circumstances as may be so specified, to any other such committee, or to the Council. Where any matter is referred under sub-paragraph (4) to a committee of the Council or to the Council, that committee or (as the case may be) the Council shall have the same power to deal with it as the committee referring it. A committee or sub-committee established under this paragraph may include or consist of individuals other than— A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee. The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council. A committee or sub-committee may regulate its own procedure, including quorum. The validity of any proceedings of such a committee shall not be affected by any casual vacancy among its members. Any rules made under this paragraph— This paragraph is subject to any provision to the contrary made by or under any enactment.
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the amount of the fee repayable by the Council to the client under paragraph 18(3); and
an amount which is calculated by the Council as the cost to it of dealing with the complaint, or which in its opinion represents a reasonable contribution towards that cost.
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is considering, or has considered, an application or complaint with respect to a licensed conveyancer; and
is of the opinion that the Council should consider whether to take any of the steps with respect to that licensed conveyancer,
Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it— the Council may give notice to the person complained of or his firm requiring the production or delivery to any person appointed by the Council, at a time and place to be fixed by the Council, of all documents in the possession of the person complained of or his firm in connection with the matters to which the complaint relates (whether or not they relate also to other matters). The provisions of paragraphs 9(2) to (12), 11 and 12 of Schedule 5 to the Act of 1985 shall apply in relation to the powers conferred by sub-paragraph (1) as they apply in relation to the powers conferred by paragraph 9(1) of that Schedule.
Where a licensed conveyancer or licensed CLC practitioner — the Council may give a direction requiring him to account to the client in question for any interest which has not been earned but which would have been earned if that sum had been placed in a separate deposit account as soon as was reasonably practicable.
is required by rules made under section 23 of the Act of 1985 to place any sum of money in a separate deposit account; but
fails to do so as soon as is reasonably practicable,
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In section 16(1) of the Act of 1985 (cases in which conditions may be attached to licences), the following shall be substituted for paragraph (i)—.
Where the Secretary of State receives an application from a professional or other body (“the applicant") for approval under this Schedule, he shall refer the application to the Consultative Panel. It shall be the duty of the Consultative Panel to consider the application and to give to the Secretary of State such advice as it considers appropriate.
When the Secretary of State has received the Consultative Panel’s advice he shall refer the application, together with that advice, to the President of the Family Division. It shall be the duty of the President to consider the application, in the light of that advice, and to give to the Secretary of State such advice as he considers appropriate. If the President asks the Committee to give him advice with respect to the application, it shall be the duty of the Consultative Panel to do so.
The applicant shall provide the Secretary of State , the Consultative Panel and the President with any information that they may reasonably require.
Having considered the advice given to him by the Consultative Panel and by the President, the Secretary of State may by order approve the application if, but only if, he is satisfied that the applicant has in force suitable arrangements—
for training; and
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).
If the Secretary of State proposes to refuse the application he shall give the applicant written notice of his proposal. The notice shall— Where such a notice is served, it shall be the duty of the Secretary of State , before determining whether to grant or refuse the application, to consider any representations duly made by the applicant. For the purposes of sub-paragraph (3), representations are duly made if— If the Secretary of State refuses the application he shall give notice to the applicant in writing. Any notice given under sub-paragraph (5) must give the Secretary of State's reasons for refusing the application.
The revocation of any approval given under this Schedule shall be by order (“a revoking order”) made by the Secretary of State. A revoking order may only be made if— A revoking order may make such transitional and incidental provision as the Secretary of State considers necessary or expedient. Where a revoking order is made—
Where the Secretary of State is considering whether to make a revoking order by virtue of paragraph 6(2)(c)— Where— it may carry out such investigations with respect to the approved body as it considers appropriate. If, on concluding any investigation carried out under sub-paragraph (1) or (2), the Consultative Panel considers that there are grounds for recommending the making of a revoking order with respect to the approved body concerned, it shall advise the Secretary of State accordingly.
Where the Consultative Panel 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. 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. Where an approved body fails, without reasonable excuse, to comply with a request made to it by the Consultative Panel under sub-paragraph (1), paragraph 6(2)(c) shall be taken to have been satisfied in relation to that body.
If the Consultative Panel advises the Secretary of State that there are grounds for recommending the making of a revoking order with respect to an approved body, the Secretary of State shall send written notice of that advice, and of the effect of such an order, to that body. Any such notice shall invite the approved body to make representations in writing to the Secretary of State or such person as he may appoint for the purpose. 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.
Where— 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. Any such steps shall include inviting those members and other persons to make representations to the Secretary of State or (as the case may be) to the person appointed by him for the purpose. Any such representations—
It shall be the duty of the Secretary of State to consider— Having done so, the Secretary of State shall— It shall be the duty of the President— No revoking order shall be made with respect to the approved body unless the Secretary of State and the President agree that it should be made.
Section 71(2).
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—
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. After that paragraph there shall be inserted—
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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
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.”
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In . . . Schedule 9 to the Agriculture Act 1947 . . . 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)." ”
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after the words “person who” there shall be inserted “(a)”;
for the words “or a barrister-at-law of at least seven years' standing” there shall be substituted; and
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”.
In 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," ”.
In 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" ”.
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 substitutedunless he is—
In section 31(1) of that Act (appointment of Judge Advocate General) for the words “unless he is" to the end there shall be substitutedunless he is— In subsection (2) of that section (Vice or Assistant Judge Advocate General) for the words “unless he is" to the end there shall be substitutedunless he is— In subsection (3) of that section (Deputy Judge Advocate General) for the words “unless he is" to the end there shall be substitutedunless he is—
and is approved by the Minister.
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".
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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—
In 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—.
In 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," ”.
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," ”. 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;" ”.
In 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," ”.
In 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" ”.
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In 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—
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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)" ”.
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In regulation 3(1) of the Employment Tribunal (England and Wales) Regulations 1965 (President of Employment 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." ” 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," ”. 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.
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—
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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 substitutedunless—
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 substitutedunless— After Part I of Schedule 2 to that Act (certain office-holders to be circuit judges) there shall be inserted the following—
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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—.
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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." ”
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In 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—
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—.
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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—
In 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," ”.
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In section 98(4) of the Senior Courts 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)" ”.
In 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." ”
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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" ”. In subsection (2) of that section— In subsection (3)(a) for the word “barristers" there shall be substituted “ qualified persons" ”.
In 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." ”
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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—
In 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)" ”.
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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—
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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 substitutedunless—
In 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." ”
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)" ”. 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)" ”.
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In 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," ”.
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The president of the tribunal shall be— Each chairman shall be—
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—.
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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—.
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—.
In section 2(1) of the Coroners Act 1988 (appointment as coroner) for the words “unless he is a barrister, solicitor or" there shall be substitutedunless— .
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 substitutedif— For paragraphs 2(8)(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
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—. For paragraph 6(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
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 substitutedunless—
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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—
Section 75. The following are the offices for the purposes of section 75— Judge of the Supreme Court 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 Insolvency and Companies Court Judge Taxing Master of the Senior Courts Registrar of Civil Appeals Senior Judge of the Court of Protection President of the Court of Protection Vice-President of the Court of Protection District probate registrar Judge Advocate General Vice Judge Advocate General Assistant . . . Judge Advocate General District Judge (Magistrates’ Courts) Social Security Commissioner . . . President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals President of the Employment Tribunals (England and Wales) or member of a panel of Employment Judges established by regulations under section 1(1) of the Employment Tribunals Act 1996 for employment tribunals for England and Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member of the Charity Commission appointed as provided in Schedule 1 to the Charities Act 2011. Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 . Member of a Pensions Appeal Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judge or other member of the First-tier Tribunal— appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act) Judge or other member of the Upper Tribunal— appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act) Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal
Section 79(2). The following are the provisions which are inserted in the 1981 Act as Part IV of Schedule 2—
Section 81. The following are the provisions which are inserted in the Judicial Pensions Act 1981, as Schedule 1A—
In this Schedule—
An application for registration or for renewal of registration— Where such an application is duly made by a foreign lawyer, the Society may register the applicant if it is satisfied that the legal profession of which the applicant is a member is one which is so regulated as to make it appropriate for members of that profession to be managers of recognised bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Society may make regulations, with the concurrence of the Legal Services Board , with respect to— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Society may direct that a foreign lawyer's registration is to have effect subject to such conditions as the Society thinks fit to impose. A direction under sub-paragraph (1) may be given in respect of a foreign lawyer
Every registration shall have effect from the beginning of the day on which it is entered in the register. The Society may make regulations— Any such regulations may— Where a foreign lawyer is registered, the Society may cancel his registration if—
Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer— shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.
is, or is not, registered; or
was registered during a period specified in the certificate,
In this paragraph “the intervention powers” means the powers conferred by Part II of Schedule 1 to the Act of 1974 (intervention in solicitors’ practices) as modified by this Schedule or under section 89. Subject to sub-paragraphs (3) and (4), the intervention powers shall be exercisable in relation to a person who is or has been a registered foreign lawyer and the practice of the multi-national partnership of which he is or was a member as they are exercisable in relation to a solicitor and his practice. The intervention powers are only exercisable where— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The intervention powers (other than those conferred by paragraphs 5 and 10 of Part II of Schedule 1 to the Act of 1974) shall also be exercisable where— Where the intervention powers are exercisable in relation to a registered foreign lawyer, they shall continue to be exercisable— Part II of Schedule 1 to the Act of 1974 shall have effect in relation to the intervention powers exercisable by virtue of this Schedule, subject to— For the purposes of this paragraph, Part II of Schedule 1 to the Act of 1974 shall be read with paragraph 4(2) of Part I of that Schedule. The notices required to be given by this paragraph must be in writing but need not be given at the same time. In this paragraph “manager”, in relation to a recognised body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act).
Section 36 of the 1974 Act applies in relation to registered foreign lawyers as if for paragraphs (a) and (b) of subsection (1) there were substituted—.
Section 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.
Section 34 of the Act of 1974 applies in relation to registered foreign lawyers as it applies in relation to solicitors.
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the Society shall be taken to be the appropriate professional body for that purpose;
the registered foreign lawyer concerned shall be treated—
as if he were a member of the Society; and
as if he were a solicitor for the purposes of paragraph 2(3) of Schedule 3 to the Act of 1986 (requirements for recognition of professional body); and
Part I of that Act shall have effect subject to any modifications which the Secretary of State sees fit to make by order under this paragraph with a view to enabling certificates to be issued to such partnerships or such recognised bodies.
The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order. The suspension of any registration by reason of a bankruptcy order shall terminate if the order is annulled and an office copy of the order annulling it is served on the Society. In sub-paragraph (1), “bankruptcy order” includes any order which is not a bankruptcy order but which has the same, or a similar, effect under the law in force in any territory outside England and Wales.
Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended. In sub-paragraph (1) “struck off” and “suspended from practice” mean— which is the equivalent, respectively, of a solicitor being struck off the roll or suspended from practice under the Act of 1974.
Where a person’s registration has been suspended by virtue of paragraph 11, it shall be revived— Where a person whose registration is suspended by virtue of paragraph 11 applies to the Society for the suspension to be terminated, the Society may terminate it subject to such conditions, if any, as it thinks fit to impose.
Where a foreign lawyer’s registration is revived (whether as the result of the termination of its suspension, restoration by order of the Tribunal or for any other reason), that revival shall take effect on such date, and subject to such conditions, as the Society may direct.
Any foreign lawyer may appeal to the High Court against— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On an appeal . . . under this paragraph, the High Court may make such order as it thinks fit. In relation to an appeal under this paragraph the High Court may make such order as it thinks fit as to payment of costs. The decision of the High Court on an appeal under this paragraph shall be final.
Subject to paragraph 16, section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal) shall apply, with the necessary modifications, in relation to applications and complaints made by virtue of any provision of this Schedule as it applies in relation to applications and complaints made by virtue of any provision of that Act. Any application— shall be made to the Tribunal. Any person who alleges that a registered foreign lawyer has failed to comply with any rule made under section 31, 32, 34, or 37 of the Act of 1974 may make a complaint to the Tribunal. Any person who alleges that a registered foreign lawyer has knowingly acted in contravention of any order under section 43(2) of the Act of 1974 or of any conditions subject to which a permission has been granted under such an order may make a complaint to the Tribunal. On the hearing of any application or complaint made to the Tribunal with respect to a foreign lawyer, the Tribunal shall have power to make such order as it may think fit, and any such order may in particular include provision for any of the following matters— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal), the Tribunal may make rules providing for it to be assisted, in dealing with any application or complaint of a kind mentioned in paragraph 15, by a member of the legal profession in the jurisdiction by reference to which the foreign lawyer is or was qualified to be registered. Rules under sub-paragraph (1) shall not be made without the concurrence of the Legal Services Board . Subsection (12) of section 46 of the Act of 1974 (rules to be made by statutory instrument etc.) shall apply to rules made under this paragraph as it applies to rules made under subsection (9) of that section.
An Appeal from the Tribunal shall lie to the High Court. The High Court . . . shall have power to make such order on an appeal under this paragraph as it may think fit. Any decision of the High Court on an appeal in the case of an order on an application under paragraph 15(2)(d) or (e), or the refusal of any such application, shall be final. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 93(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 116.
In this Part of this Schedule “the Act of 1989” means the Children Act 1989.
“relevant proceedings” means— Paragraph 24 of Schedule 13 to the Act of 1989 shall be omitted.
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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— . Paragraph 25 of Schedule 13 to the Act of 1989 shall be omitted.
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After 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—.
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" ”. That amendment shall be deemed to have been incorporated in section 3A(1) as originally enacted.
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 Family Law Reform Act 1969" ”. 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.
In 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" ”.
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" ”. After subsection (5) of that section there shall be inserted the following subsection—.
At the end of section 24 of the Act of 1989 (advice and assistance) there shall be added the following subsections—
In section 27 of the Act of 1989 (co-operation between authorities)—
in subsection (1) the words “or other person” and the words “or person” shall be omitted; and
in subsection (3) for the word “persons” there shall be substituted “ authorities” ”. . . .
In 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" ”.
In 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" ”.
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Section 42 of the Act of 1989 (right of guardian ad litem to have access to local authority records) shall be amended as follows. In subsection (1)(a), after the word “authority" there shall be inserted “ or an authorised person" ”. ; or The following subsection shall be added at the end—
For section 45(10) of the Act of 1989 (appeals against emergency protection orders) there shall be substituted—
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In section 93(2) of the Act of 1989 (rules of court)—
in paragraph (f) for the words “the United Kingdom" there shall be substituted “ England and Wales" ”; and
in paragraph (g) after the word “is" there shall be inserted “ or resides" ”.
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In 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" ”.
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.
In 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—
In Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.
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. In paragraph 1(6)(b)(i) of that Schedule, the words “as a voluntary home” shall be omitted.
In 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" ”.
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. In sub-paragraph (1), there shall be added at the endunless— In sub-paragraph (2)(g), for “61" there shall be substituted “ 69" ”.
In 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.
In Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted.
Schedule 14 to the Act of 1989 (transitionals and savings) shall be amended as follows. In paragraph 15 (children in compulsory care) at the end of sub-paragraph (1) there shall be added; or— . In paragraph 16 (modifications)— After paragraph 16 there shall be inserted the following paragraph— In paragraph 22(a) for the word “(g)" there shall be substituted “ (h)" ”. In paragraph 36(5)(b) for the words “subsection (4)" there shall be substituted “ subsection (6)" ”.
In section 15(1)(a) of the Maintenance Orders Act 1950 (service of process), for sub-paragraphs (iii) and (iv) there shall be substituted—.
In section 16(2)(a) of that Act (application of Part II)—
for sub-paragraph (iii) there shall be substituted—; and
in sub-paragraph (v), for the words “section 47 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.
In 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" ”.
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— Paragraph 12 of that Schedule shall cease to have effect.
In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which Act of 1971 applies) for paragraph 5 there shall be substituted—
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In section 65(1) of the Magistrates’ Courts Act 1980 (meaning of family proceedings), paragraph (k) shall be omitted.
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—
In section 116(2) of the Mental Health Act 1983 (visiting of patients who are children) for paragraph (a) there shall be substituted—.
Section 125(2).
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in subsection (1)(b), after the word “solicitor” there shall be inserted “duly certificated notary public”; and
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”.
In section 6 of the Attachment of Earnings Act 1971 (effect of attachment of earnings order), the following subsections shall be added at the end—
In 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—
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In section 5(3) of the Senior Courts 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" ”.
was tendered to him at the time when the writ was served upon him.
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In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted—
In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end—
In 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" ”.
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Section 125(3).
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In 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." ”.
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after the words “Electricity Supply” there shall be inserted “or the Authorised Conveyancing Practitioners Board”; and
after the words “Regulations 1988” there shall be inserted “or the Courts and Legal Services Act 1990”.
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after the words “Regulations 1988” there shall be inserted “or the Courts and Legal Services Act 1990”; and
after the words “Electricity Supply” there shall be inserted “or the Authorised Conveyancing Practitioners Board”.
In 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 .
In section 8 of that Act (removal or restoration of name at solicitor’s request), the following subsection shall be inserted after subsection (2)—
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In section 32 of that Act (accounts rules and trust account rules), the following subsection shall be inserted after subsection (5)—
In section 41 of that Act (employment by solicitor of person struck off or suspended), the following subsection shall be inserted after subsection (1)—
In section 42 of that Act (failure to disclose certain facts to solicitor employer), the following subsection shall be inserted after subsection (1)—
Section 80 of that Act (powers to act on behalf of Society) shall be amended as follows. In subsection (1) for the words “to committees conferred on the Council" there shall be substituted “ conferred" ”. In subsection (3)—
In 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); ”.
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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)—
after the words “Electricity Supply" there shall be inserted “ or the Authorised Conveyancing Practitioners Board" ”; and
after the words “Regulations 1988" there shall be inserted “ or the Courts and Legal Services Act 1990" ”.
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The Magistrates’ Courts Act 1980 shall be amended as follows. “legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990; For the words— there shall be substituted “ a legal representative" ”. For the words— there shall be substituted “ legal representative" ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the words— there shall be substituted “ legal representatives" ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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" ”.
In section 22 of that Act (children’s pension: rate and mode of payment)—
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" ”;
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
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" ”.
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".
In section 25 of that Act (persons serving again after retirement), in subsection (1)—
in paragraph (a), for the words “widow or child of his" there shall be substituted “ widow, widower or child of that person" ”; and
in paragraph (b), for the word “his" there shall be substituted “ that person’s" ”.
In the following sections of that Act— after the word “widow’s" there shall in each case be inserted “ widower’s" ”.
29 (recommendation of a Minister required in certain cases);
31 (payments charged on Consolidated Fund); and
32(3)(b) (definition of “pension benefits"),
The following section shall be inserted in that Act at the beginning of Part III—
In Part I of Schedule 1 to that Act (certain Supreme Court officers)—
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
District judge. Assistant district judge.
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" ”.
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," ”.
In paragraph 7(3) of Schedule 3 to that Act, after the word “widow’s" there shall be inserted “ widower’s" ”.
In section 85 of the Senior Courts Act 1981 (Supreme Court Rule Committee)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In 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" ”.
For section 89(3)(e) of that Act (Senior Registrar of Family Division) there shall be substituted—.
In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—
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." ” 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)—
“arbitration agreement” has the same meaning as it has in the Arbitration Act 1950 by virtue of section 32 of that Act;
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" ”;
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for the words “deputy county court registrar" and “deputy registrar" in each place where they occur there shall be substituted “ deputy district judge" ”.
In section 52 of that Act (powers of court exercisable before commencement of action) the following subsection shall be added at the end—
In 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—
In section 54 of that Act (provisions supplementary to sections 52 and 53) the following subsection shall be added at the end—
(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.
For section 75(7) of that Act (members of the rule committee) there shall be substituted—
For section 143(1) of that Act (prohibition on persons other than solicitors receiving remuneration for work in county courts) there shall be substituted—
“legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990. For the word “solicitor” in sections 13(1) and (4), 61(2) and 126 of that Act there shall be substituted “ legal representative" ”. For the word “solicitors” in sections 18, 24(1),... 75(3)(f) and 79 of that Act there shall be substituted “ legal representatives" ”.
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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" ”. The following definition shall be inserted in section 15(1) of that Act after the definition of “Director”—
In 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" ”.
Section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices) shall be amended as follows. In subsection (1)(a)— In subsection (8), the following definitions shall be inserted at the appropriate places—
In 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)" ”.
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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
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”.
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.
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. 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.
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Section 125(6).
Nothing 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.
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Any direction given under section 83 of the Senior Courts 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. This paragraph is without prejudice to section 17(2)(b) of the Interpretation Act 1978.
For the purposes of section 16(3)(c) of the Courts 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.
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. The Promissory 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" ”.
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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 Solicitors 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. Where— 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. 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.
The repeal by this Act of sections 18(3), 20(6) and 24 of the Judicial 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.
The repeal by this Act of subsection (3) of section 3 of the Superannuation (Miscellaneous Provisions) Act 1967 shall not affect its application in relation to any abatement made under that section. The repeal by this Act of subsection (3) of section 1 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 shall not affect its application in relation to any abatement made under that section. The repeal by this Act of section 19(5) of the Courts Act 1971 shall not affect its application in relation to any abatement made under section 18(3) of that Act. The repeal by this Act of subsection (4) of section 9 of the Administration 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. The repeal by this Act of subsection (4) of section 12 of the Senior Courts 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.
Notwithstanding the repeal by this Act of section 4 of the Solicitors Act 1974 (under which the Overseas 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. 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. 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—
Section 14 of the Solicitors 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. Sub-paragraph (1) is subject to any direction (whether general or specific) given by the Law Society. 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.
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. The Master of the Faculties may make rules providing—
Section 93 and the repeal by Schedule 20 of— 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.
section 44A of the Solicitors Act 1974;
section 47A of that Act; and
paragraph 19 of Schedule 2 to the Administration of Justice Act 1985,
The following provisions— shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 53. Until such date as may be specified by order made by the Lord Chancellor, the provisions of— shall have effect as if they conferred powers on the Discipline and Appeals Committee and not on the Council for Licensed Conveyancers. 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.
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. 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. 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. Sub-paragraph (3) applies to—
The repeal by this Act of section 1(1) of the Commissioners for Oaths Act 1889 shall not affect the power of the Lord Chancellor to revoke any appointment made by the Lord Chancellor under that provision.
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.Sections 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 Senior Courts 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).
“the Tribunal” means the Solicitors Disciplinary Tribunal.
“right of audience” means the right to exercise any of the functions of appearing before and addressing a court including the calling and examining of witnesses;
“notice” means a notice in writing given in the form prescribed by regulations made by the Secretary of State;
Section 20 of the Solicitors Act 1974 (unqualified person not to act as a solicitor) section 22 of that Act (unqualified person not to prepare certain documents etc) and section 25 of that Act (costs where an unqualified person acts as a solicitor), shall not apply in relation to any act done in the exercise of a right of audience.
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The question whether a person has a right to conduct litigation, or any category of litigation, shall be determined solely in accordance with the provisions of this Part.
A person shall have a right to conduct litigation in relation to any proceedings only in the following cases—
where—
he has a right to conduct litigation in relation to those proceedings granted by the appropriate authorised body; and
that body’s qualification regulations and rules of conduct have been approved for the purposes of this section, in relation to the granting of that right;
where paragraph (a) does not apply but he has a right to conduct litigation in relation to those proceedings granted by or under any enactment;
where paragraph (a) does not apply but he has a right to conduct litigation granted by that court in relation to those proceedings;
where he is a party to those proceedings and would have had a right to conduct the litigation, in his capacity as such a party, if this Act had not been passed.
Nothing in this section affects any provision made by or under any enactment which prevents a person from exercising a right to conduct litigation which he would otherwise be entitled to exercise.
Where, immediately before the commencement of this section, no restriction was placed on the persons entitled to exercise any right to conduct litigation in relation to a particular court, or in relation to particular proceedings, nothing in this section shall be taken to place any such restriction on any person.
In this section—
“price” shall have the meaning given by order made by the Secretary of State;
In sections 6 to 12 of the County Courts Act 1984 (provisions with respect to registrars, assistant registrars and deputy registrars)—
Section 20 of the Solicitors Act 1974 (unqualified person not to act as a solicitor), section 22 of that Act (unqualified person not to prepare certain documents etc.) and section 25 of that Act (costs where unqualified person acts as a solicitor) shall not apply in relation to any act done in the exercise of a right to conduct litigation.
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In order to be designated as an authorised body for the purposes of section 27 or 28 a professional or other body must—
apply to the Lord Chancellor under this section, specifying the purposes for which it is seeking authorisation; and
comply with the provisions of Part I of Schedule 4 as to the approval of qualification regulations and rules of conduct and other matters.
Where— the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating that body as an authorised body for the purposes of section 27 or (as the case may be) section 28.
an application has been made to the Lord Chancellor under this section;
the requirements of Part I of Schedule 4 have been satisfied; and
the application has not failed,
Where an authorised body alters— those alterations shall not have effect, so far as they relate to any right of audience or any right to conduct litigation granted by that body, unless they have been approved under Part II of Schedule 4.
any of its qualification regulations; or
any of its rules of conduct,
Where an authorised body makes any alteration to the rights of audience or rights to conduct litigation granted by it (including the grant of a new right), the qualification regulations and rules of conduct of that body must be approved under Part II of Schedule 4.
Where the Lord Chancellor or any of the designated judges considers that it might be appropriate for an authorised body to alter— he may advise that body accordingly.
any of its qualification regulations or rules of conduct; or
any right of audience, or right to conduct litigation, which it is entitled to grant,
Where—
the Lord Chancellor gives any advice under subsection (5), he shall inform the designated judges; and
where a designated judge gives any such advice, he shall inform the Lord Chancellor and the other designated judges.
Where an authorised body has been given any such advice it shall, in the light of that advice, consider whether to make the recommended alteration.
Where an Order in Council has been made under section 29 designating a body as an authorised body, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.
An Order under this section may only be made if—
the authorised body has made a written request to the Lord Chancellor asking for it to be made;
that body has agreed (in writing) to its being made; or
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 authorised body, its application would have failed.
The provisions of Part III of Schedule 4 shall have effect with respect to the revocation of designations under this section.
An Order made under this section may make such transitional and incidental provision as the Lord Chancellor considers necessary or expedient.
Where such an Order is made, any right of audience or right to conduct litigation 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.
Where such an Order is made, the Lord Chancellor shall—
give the body with respect to whom the Order is made written notice of the making of the Order;
take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and
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.
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On the coming into force of section 27—
barristers shall be deemed to have been granted by the General Council of the Bar the rights of audience exercisable by barristers (in their capacity as such) immediately before 7th December 1989; and
the General Council of the Bar shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 27.
Those qualification regulations and rules of conduct shall be deemed to have been approved only—
in relation to the rights of audience mentioned in subsection (1)(a); and
so far as they relate to those rights of audience.
If any particular provision of those regulations or rules would not have been approved for the purposes of section 27 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (4)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
In the event of any question arising as to whether any provision of the qualification regulations or rules of conduct of the General Council of the Bar requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (6)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
it shall cease to have effect, so far as it relates to any right of audience deemed to have been granted by the General Council of the Bar; and
the regulations and rules which are deemed, by virtue of subsection (1)(b), to have been properly approved shall be taken not to include that provision.
Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
it is determined in accordance with subsection (7)(c) that that provision requires approval.
On the coming into force of section 27—
solicitors shall be deemed to have been granted by the Law Society the rights of audience exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 27.
Those qualification regulations and rules of conduct shall be deemed to have been approved only—
in relation to the rights of audience mentioned in subsection (1)(a); and
so far as they relate to those rights of audience.
If any particular provision of those regulations or rules would not have been approved for the purposes of section 27 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (4)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
In the event of any question arising as to whether any provision of the qualification regulations or rules of conduct of the Law Society requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (6)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
it shall cease to have effect, so far as it relates to any right of audience deemed to have been granted by the Law Society; and
the regulations and rules which are deemed, by virtue of subsection (1)(b) to have been properly approved shall be taken not to include that provision.
Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
it is determined in accordance with subsection (7)(c) that that provision requires approval.
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On the coming into force of section 28—
solicitors shall be deemed to have been granted by the Law Society the rights to conduct litigation exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 28.
Those qualification regulations and rules of conduct shall be deemed to have been approved only—
in relation to the rights to conduct litigation mentioned in subsection (1)(a); and
so far as they relate to those rights to conduct litigation.
If any particular provision of those regulations or rules would not have been approved for the purposes of section 28 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (4)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
In the event of any question arising as to whether any provision requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
Where a direction is given under subsection (6)—
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
it shall cease to have effect, so far as it relates to any right to conduct litigation deemed to have been granted by the Law Society; and
the regulations and rules which are deemed, by virtue of subsection (1)(b), to have been properly approved shall be taken not to include that provision.
Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
it is determined in accordance with subsection (7)(c) that that provision requires approval.
This section applies where a person—
is authorised by a relevant approved regulator (“the regulator”) to carry on an activity which constitutes the exercise of a right of audience or the conduct of litigation, and
is employed by the Lord Chancellor, or by any body established and maintained by the Lord Chancellor, under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.
Rules of a regulator fall within this subsection if they are— and either of the conditions specified in subsection (3) is satisfied.
conduct rules prohibiting or limiting the exercise of the right on behalf of members of the public by members of the regulator who are employees; or
rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the regulator,
Those conditions are—
that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public); and
that the rules do not impose the same prohibition or limitation on members of the regulator who have the right but are not employees.
For the purposes of this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
Where a person— any qualification regulations of the relevant approved regulator mentioned in paragraph (b) which relate to that right are not to have effect in relation to the person.
has at any time been authorised by a relevant approved regulator to exercise a right of audience before a court in relation to proceedings of a particular description, and
becomes authorised by another relevant approved regulator to exercise a right of audience before that court in relation to that description of proceedings,
Subsection (1) does not apply in relation to any qualification regulations to the extent that they impose requirements relating to continuing education or training which have effect in relation to the exercise of the right by all members of the relevant approved regulator who have the right.
Subsection (1) does not apply to a person if he has been banned from exercising the right of audience by the relevant approved regulator mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that relevant approved regulator has not lifted the ban.
In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
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There shall be a body corporate to be known as the Authorised Conveyancing Practitioners Board (in this Act referred to as “the Board”).
The Board shall consist of a Chairman and at least four, and at most eight, other members appointed by the Lord Chancellor.
In appointing any member, the Lord Chancellor shall have regard to the desirability of—
appointing persons who have experience in, or knowledge of—
the provision of conveyancing services;
financial arrangements associated with conveyancing;
consumer affairs; or
commercial affairs; and
securing, so far as is reasonably practicable, that the composition of the Board is such as to provide a proper balance between the interests of authorised practitioners and those who make use of their services.
The Board shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown.
The Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
Neither the Board nor any of its staff or members shall be liable in damages for anything done or omitted in the discharge or purported discharge of any of its functions.
Subsection (6) does not apply where the act or omission is shown to have been in bad faith.
The provisions of Schedule 5 shall have effect with respect to the constitution, procedure and powers of the Board and with respect to connected matters.
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It shall be the general duty of the Board—
to seek to develop competition in the provision of conveyancing services;
to supervise the activities of authorised practitioners in connection with the provision by them of conveyancing services.
In discharging the duty imposed on it by subsection (1)(b) the Board shall, in particular, make arrangements designed to enable it to ascertain whether authorised practitioners are complying with regulations made by the Lord Chancellor under section 40.
The Board shall have the specific functions conferred on it by or under this Act.
Where the Lord Chancellor refers to the Board any matter connected with— it shall be the duty of the Board to consider the matter and to report its conclusions to the Lord Chancellor.
the provision of conveyancing services by authorised practitioners; or
the organisation or practice of authorised practitioners,
Any report made under subsection (4) may be published by the Lord Chancellor in such manner as he thinks fit.
A copy of any guidance for authorised practitioners issued by the Board shall be sent by the Board to the Lord Chancellor.
Where it appears to the Lord Chancellor that there are grounds for believing that the Board has failed in any way to carry out any of its duties under this Act, he may give such directions to the Board as he considers appropriate.
The Board may make rules providing for the expenses which it incurs in exercising its functions, after taking into account any grants made to it under subsection (10) and any fees received by it, to be met by the imposition on each authorised practitioner of an annual levy calculated, and payable, in accordance with the provisions of the rules.
Any amount due to the Board from an authorised practitioner in respect of any levy payable by that practitioner under the rules shall be recoverable by the Board as a civil debt.
The Lord Chancellor may, with the approval of the Treasury, make grants to the Board towards meeting the expenses incurred, or to be incurred, by it in the discharge of its functions.
Any such grant may be made subject to such terms and conditions (including conditions as to repayment) as the Lord Chancellor sees fit to impose.
Any sums required by the Lord Chancellor for making grants under subsection (10) shall be paid out of money provided by Parliament.
Any sums repaid by the Board in accordance with conditions imposed under subsection (11) shall be paid into the Consolidated Fund.
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The restriction imposed by section 22 of the Solicitors Act 1974 (which has the effect of limiting the categories of person who may provide conveyancing services) shall not apply to any act done in connection with the provision of conveyancing services—
by an individual at any time when he is an authorised practitioner;
by a body corporate at any time when it is an authorised practitioner;
by an officer or employee of a body corporate at any time when that body is an authorised practitioner; or
by a member or employee of an unincorporated association at any time when that association is an authorised practitioner.
In subsection (1)(c) and (d) “officer”, “employee” and “member” mean respectively an officer, employee or member who (at the time of the act in question) satisfies, and is acting in accordance with, regulations under section 40.
Any rule (however described) which is imposed by a professional or other body and which would, but for this subsection, result in restricting or preventing a qualified person from— shall be of no effect unless it is given partial effect by subsection (4)(a) or full effect by subsection (4)(b).
providing any conveyancing services as an authorised practitioner;
acting as an employee of an authorised practitioner in connection with the provision of any such services; or
acting on behalf of an authorised practitioner in connection with the provision of any such services,
If the result mentioned in subsection (3) is not the main or only result of the rule in question, subsection (3)—
shall apply only to the extent that the rule would have that result; but
shall not apply if the rule is reasonably required as a rule of general application for the purpose of regulating the conduct or practice of all members of that body.
Nothing in this section prevents a professional or other body from imposing a rule that any member of that body who is acting as mentioned in subsection (3)(c) may do so only on terms which allow him to give independent legal or financial advice to the person for whom conveyancing services are being provided by the authorised practitioner concerned.
In this section “qualified person” means—
any barrister, solicitor, duly certificated notary public or licensed conveyancer;
any body recognised under section 9 of the Administration of Justice Act 1985 (incorporated practices); or
any body recognised under section 32 of the Act of 1985 (incorporated bodies carrying on business of provision of conveyancing services).
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On an application duly made by a person who proposes to provide conveyancing services, the Board shall authorise that person to provide those services, if—
it is satisfied that the applicant’s business is, and is likely to continue to be, carried on by fit and proper persons or, in the case of an application by an individual, that he is a fit and proper person; and
it is of the opinion that the applicant will comply with the requirements mentioned in subsection (7).
Any such authorisation shall be given in writing and shall take effect on such date as the Board may specify.
A person so authorised is referred to in this Act as “an authorised practitioner”.
An application for authorisation must be made in accordance with rules made by the Board, with the approval of the Lord Chancellor, for the purposes of this section.
On making any such application, the applicant shall pay to the Board such fee as may be specified in the rules.
The rules may, in particular, make provision—
as to the form in which any application must be made; and
for the furnishing by applicants of information required by the Board in connection with their applications.
The requirements are that the applicant—
complies with any rules made by the Board and any regulations made under section 40, so far as applicable;
ensures that satisfactory arrangements are at all times in force for covering adequately the risk of any claim made against the applicant in connection with the provision of conveyancing services provided by the applicant, however arising;
maintains satisfactory procedures for—
dealing with complaints made about any aspect of conveyancing services provided by the applicant; and
the payment of compensation;
has in force satisfactory arrangements to protect the applicant’s clients in the event of the applicant ceasing to provide conveyancing services;
is a member of the Conveyancing Ombudsman Scheme.
Where the applicant is— the Board shall have regard to the fact that it is so authorised in determining whether the Board is satisfied as mentioned in subsection (1)(a).
an institution which is authorised by the Bank of England, under Part I of the Banking Act 1987, to carry on a deposit taking business;
a building society which is authorised by the Building Societies Commission, under section 9 of the Building Societies Act 1986, to raise money from its members; or
an insurance company which is authorised under section 3 or 4 of the Insurance Companies Act 1982,
The Board shall maintain a register of authorised practitioners which shall be open to inspection, at all reasonable times, without charge.
The Lord Chancellor may by order amend the provisions of subsection (7) by imposing any additional requirement or by varying or removing any requirement.
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Where the Board proposes to refuse an application for authorisation under section 37 it shall give the applicant written notice of its proposal.
The notice shall give the Board’s reasons for proposing to refuse the application and inform the applicant of the effect of subsection (7).
Any authorisation under section 37 may be given subject to the applicant complying with conditions imposed by the Board with a view to the protection of clients.
Any such conditions—
may be imposed by the Board either when granting the application for authorisation or at any later time; and
may be expressed to apply in relation to a specified part of the authorised practitioner’s business (for example, to a specified branch or office).
Before imposing any such conditions, the Board shall give written notice of its intention to do so to the applicant or (as the case may be) authorised practitioner concerned.
The notice shall inform the person to whom it is given of the effect of subsection (7).
Where a notice is served under subsection (1) or (5), it shall be the duty of the Board to consider any representations duly made by the person on whom the notice is served before determining whether to grant or refuse the application or to impose any of the proposed conditions.
For the purposes of subsection (7), representations are duly made if—
they are made to the Board before the end of the period of 28 days beginning with the day on which the notice is served; and
unless the Board directs otherwise in a particular case, are in writing.
Where the Board— it may disregard subsections (5) to (8) when imposing the condition.
proposes to impose a condition under this section on an authorised practitioner; and
is satisfied that the circumstances of the case are exceptional and justify the condition taking effect immediately,
If the Board refuses the application, or imposes any of the proposed conditions, it shall give the applicant notice in writing and, in the case of a refusal, the notice shall give the Board’s reasons for refusing.
A notice under subsection (10) shall inform the applicant of his rights of appeal under section 41.
An authorised practitioner who fails to comply with a condition imposed on him under this section shall not thereby cease to be such a practitioner; but in such a case the Board may—
impose additional, or substituted, conditions on him; or
revoke or suspend his authorisation in accordance with rules made under section 39(1).
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The Board shall, with the approval of the Lord Chancellor, make rules providing for the circumstances in which the authorisation of a person under section 37 may be revoked or suspended by the Board.
Where any such authorisation is revoked or suspended in accordance with the rules, the person concerned shall cease to be an authorised person for the purposes of this Act.
The rules may, in particular—
provide for any suspension to be indefinite or for a period specified by the Board;
provide for the total, or partial, lifting of any suspension in specified circumstances;
provide for the publication by the Board of notice of any suspension or revocation under the rules;
make transitional provision for dealing with any work in hand at the time when a revocation or suspension takes effect.
Where the Board— it shall take such steps as are reasonably practicable to inform any body which has any regulatory functions in relation to that authorised practitioner of the action which it has taken.
revokes or suspends any authorisation in accordance with the rules; or
lifts a suspension so imposed,
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The Lord Chancellor may by regulation make such provision as he considers expedient with a view to securing—
that authorised practitioners maintain satisfactory standards of competence and conduct in connection with the provision by them of conveyancing services;
that in providing such services (and in particular in fixing their charges) they act in a manner which is consistent with the maintenance of fair competition between authorised practitioners and others providing conveyancing services; and
that the interests of their clients are satisfactorily protected.
The regulations may, in particular, make provision—
designed to—
provide for the efficient transaction of business;
avoid unnecessary delays;
as to the supervision, by persons with such qualifications as may be prescribed, of such descriptions of work as may be prescribed;
requiring authorised practitioners to arrange, so far as is reasonably practicable, for each transaction to be under the overall control of one individual;
designed to avoid conflicts of interest;
as to the terms and conditions on which authorised practitioners may provide conveyancing services;
as to the information to be given to prospective clients, the manner in which or person by whom it is to be given and the circumstances in which it is to be given free of charge;
as to the handling by authorised practitioners of their clients' money;
as to the disclosure of and accounting for commissions.
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There shall be tribunals to be known as “Conveyancing Appeal Tribunals” which shall hear appeals under this section.
Any person who is aggrieved by any decision of the Board to— may appeal to a Conveyancing Appeal Tribunal.
refuse an application for authorisation under section 37;
suspend any authorisation given under section 37;
refuse to lift such a suspension;
revoke any such authorisation; or
impose any condition under section 38,
No such decision of the Board shall have effect until—
any appeal against it which is duly made under this section is disposed of; or
the period within which an appeal may be made has expired without an appeal having been made.
Subsection (3) shall not apply where—
the Board is satisfied that the circumstances of the case are exceptional and justify the decision in question taking effect immediately, or earlier than would otherwise be the case; and
notifies the person concerned to that effect.
In this Part a Conveyancing Appeal Tribunal is referred to as “a Tribunal”.
A Tribunal shall consist of a Chairman and two other members appointed by the Lord Chancellor.
To be qualified for appointment as Chairman of a Tribunal, a person must have a 7 year general qualification (within the meaning of section 71).
Of the other two members of a Tribunal—
one must have experience in, or knowledge of, the provision of conveyancing services; and
the other must have experience in, or knowledge of, accountancy.
The Lord Chancellor shall appoint a person to be Secretary to the Tribunals.
On receipt of notice of an appeal which is being made to a Tribunal, the Secretary shall inform the Lord Chancellor and the Lord Chancellor shall appoint a Tribunal to hear that appeal.
Schedule 6 shall have effect with respect to the Tribunals.
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At the instance of a person aggrieved by a decision of a Tribunal, or at the instance of the Board, an appeal shall lie to the High Court on any question of law arising from that decision.
If, on an appeal to the High Court under this section, the court is of the opinion that the decision appealed against was wrong in law, it shall remit the matter for re-hearing and determination by the Tribunal concerned or, where it is not reasonably practicable for the case to be re-heard by that Tribunal, by another Tribunal.
No appeal to the Court of Appeal shall be brought from a decision of the High Court under this section except with the leave of the Court of Appeal or of the judge from whose decision the appeal is to lie.
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The Board shall, with the approval of the Lord Chancellor, make rules establishing a scheme (to be known as “the Conveyancing Ombudsman Scheme”) for the investigation, by a person appointed by the Board with the approval of the Lord Chancellor, of complaints against authorised practitioners in connection with the provision by them of conveyancing services.
The person so appointed shall be known as “the Conveyancing Ombudsman”.
No person shall be appointed to be the Conveyancing Ombudsman if he is, or has at any time within the period of three years ending with his appointment been—
involved in any capacity in the provision by an authorised practitioner of conveyancing services; or
a member of the Board.
Schedule 7 shall have effect for the purpose of supplementing this section.
A person may be appointed to be both a member of the staff of the Board and a member of the staff of the Conveyancing Ombudsman.
The Conveyancing Ombudsman may not make any charge for the use of his services.
His expenses under the Scheme shall be defrayed by the Board and shall rank as expenses of the Board for the purposes of section 35.
The Conveyancing Ombudsman shall submit to the Board an annual report on the discharge of his functions.
The Board shall, when submitting its own annual report to the Lord Chancellor, send him a copy of the Conveyancing Ombudsman’s annual report.
When laying the Board’s annual report before Parliament, the Lord Chancellor shall also lay before Parliament a copy of the Conveyancing Ombudsman’s report.
It shall be the duty of the Conveyancing Ombudsman to inform the Board of any evidence which comes to his attention suggesting that there has been, or may have been, a breach of any of the rules made under subsection (1) or of the regulations made under section 40.
The Board may—
pay such remuneration and travelling and other allowances to the Conveyancing Ombudsman as may be determined by the Board;
pay such pension, allowances or gratuities to or in respect of the Conveyancing Ombudsman as may be so determined; and
if the Conveyancing Ombudsman ceases to hold office and it appears to the Board that there are special circumstances which make it right that he should receive compensation, pay him such sum as may be so determined.
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The Board may, with the approval of the Lord Chancellor, make rules establishing a scheme for compensating persons who have suffered loss in consequence of dishonesty on the part of authorised practitioners or their employees.
The rules may, in particular—
provide for the establishment and functioning of an independent body (whether corporate or unincorporate) to administer the scheme and, subject to the rules, determine and regulate any matter relating to its operation;
establish a fund out of which compensation is to be paid;
provide for the levying of contributions from authorised practitioners and otherwise for financing the scheme and for the payment of contributions and other money into the fund;
specify the terms and conditions on which, and the extent to which, compensation is to be payable and any circumstances in which the right to compensation is to be excluded or modified; and
contain incidental and supplementary provisions.
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Where the Lord Chancellor is considering whether— he shall first send a copy of the proposed rules or regulations to the Director.
to approve any rules which the Board is proposing to make; or
to make any regulations under section 40,
The Director shall consider whether the proposed rules or regulations would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.
When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.
The Director shall keep under review the rules made by the Board and the regulations made by the Lord Chancellor under section 40.
If the Director is of the opinion that any such rule or regulation has, or is likely to have, the effect of restricting, distorting or preventing competition to any significant extent, he shall report his opinion to the Lord Chancellor.
Any report under subsection (5) shall state what, in the Director’s opinion, is the effect of the rule or regulation or its likely effect.
The Director may publish any advice given by him under subsection (3) or report made by him under subsection (5).
The Director shall, so far as practicable, exclude from anything published under subsection (7) any matter—
which relates to the affairs of a particular person; and
the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.
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For the purpose of investigating any matter under section 45, the Director may by notice in writing—
require any person to produce to him or to any person appointed by him for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—
are in that person’s custody or under that person’s control; and
relate to any matter relevant to the investigation; or
require any person carrying on any business to furnish to him (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.
A person shall not be required under this section to produce any document or disclose any information which he would be entitled to refuse to produce or disclose on grounds of legal professional privilege in proceedings in the High Court.
Subsections (6) to (8) of section 85 of the Fair Trading Act 1973 (enforcement provisions) shall apply in relation to a notice under this section as they apply in relation to a notice under subsection (1) of that section.
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The Board may serve a notice on any— requiring him to provide the Board (within such time and at such place as may be specified in the notice) with such document, or documents of such a description, or with such information, as may be so specified.
authorised practitioner;
officer or employee of an authorised practitioner;
qualified person who is acting, or has acted, on behalf of an authorised practitioner; or
officer or employee of such a qualified person,
The Board shall not exercise its powers under subsection (1) except for the purpose of obtaining such information as it thinks reasonably necessary in connection with the discharge of any of its functions.
The Board’s power under this section to require a person to produce any document includes power—
if the document is produced, to take copies of it or extracts from it and to require that person, or any other person who is or was a director or officer of, or is or was at any time employed by or acting as an employee of, the practitioner concerned, to provide an explanation of the document;
if the document is not produced, to require the person who was required to produce it to state, to the best of his knowledge and belief, where it is.
The Board’s power under this section may be exercised in relation to a person who falls within subsection (1)(c) or (d) only in relation to the provision of conveyancing services on behalf of the authorised practitioner concerned.
Any person who, without reasonable excuse, fails to comply with a requirement imposed on him under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level five on the standard scale.
Any person who, in response to any requirement imposed on him under this section, knowingly or recklessly provides any information or explanation or makes any statement which is false or misleading in a material particular shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Where any person from whom production of a document is required under this section claims a lien on the document, the production of it shall be without prejudice to the lien.
Nothing in this section shall compel—
the production of a document containing a communication which is privileged from disclosure in legal proceedings in England and Wales; or
the furnishing of information contained in such a communication.
In this section “document” includes any information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy in legible form.
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If it appears to the Board desirable to do so— it may appoint one or more competent persons (“the investigators”) to investigate and report to it on the state and conduct of the affairs of that authorised practitioner.
in connection with the discharge of any of its functions; and
in the interests of customers or potential customers of an authorised practitioner,
The Board shall give written notice of any such appointment to the authorised practitioner concerned.
If the investigators think it necessary for the purposes of their investigation, they may also investigate the affairs of any qualified person who is acting, or has acted, on behalf of the authorised practitioner (so far as concerns the provision of conveyancing services on behalf of the authorised practitioner), after giving the qualified person written notice of their investigation.
Any investigation under this section of the affairs of— shall be subject to such direction (if any) given by the Lord Chancellor with a view to limiting the scope of the investigation to matters concerned with the provision of conveyancing services.
any institution which is authorised by the Bank of England under Part I of the Banking Act 1987, to carry on a deposit-taking business;
any building society which is authorised to raise money from its members by the Building Societies Commission under section 9 of the Building Societies Act 1986; or
any insurance company which is authorised under section 3 or 4 of the Insurance Companies Act 1982,
Any such direction may be general or be given with respect to a particular investigation.
It shall be the duty of every person whose affairs are being investigated and of any officer or employee of his—
to produce to the investigators, within such time and at such place as they may reasonably require, all documents relating to the provision of conveyancing services by the practitioner which are in that person’s custody or power;
to provide the investigators, within such time as they may require, with such information as they may reasonably require with respect to the provision of those services; and
to give the investigators such assistance in connection with the investigation as he is reasonably able to give.
The investigators may take copies of, or extracts from, any document produced to them under subsection (6).
This section applies in relation to a former authorised practitioner or former qualified person as it applies in relation to an authorised practitioner or qualified person.
Any person who, without reasonable excuse, fails to produce any document, or provide any information, which it is his duty to produce under subsection (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level five on the standard scale.
Any person who, in response to any requirement imposed on him under this section, knowingly or recklessly provides any information or explanation or makes any statement which is false or misleading in a material particular shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Nothing in this section shall compel the production by an authorised practitioner or qualified person acting on his behalf of a document containing a privileged communication made by him or to him in that capacity.
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Subject to section 50, restricted information which relates to the business or other affairs of any person shall not be disclosed— without the consent of the person from whom it was obtained and, if they are different, the person to whom it relates.
by the Board or any member of its staff;
by any person appointed as an investigator under section 48 or any officer or servant of his; or
by any person obtaining it directly or indirectly from a person mentioned in paragraph (a) or (b),
Subject to subsection (3), information is restricted information for the purposes of this section if it was obtained (whether or not in response to any requirement that it be provided) for the purposes of, or in the discharge of functions under, any provision made by or under this Act.
Information shall not be treated as restricted information for the purposes of this section if it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not prevented by this section.
Any person who contravenes this section shall be guilty of an offence and liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
on summary conviction, to a fine not exceeding the statutory maximum.
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Section 49 shall not prevent the disclosure of information—
with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
in pursuance of any Community obligation.
Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
the Board to discharge any of its functions;
the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
the Building Societies Commission to discharge any of its functions;
the competent authority or a designated agency, recognised investment exchange, recognised clearing house, recognised self-regulating organisation or recognised professional body (all those expressions having the meaning given in the Financial Services Act 1986) to discharge any of its functions;
the Bank of England to discharge any of its functions;
the Secretary of State to discharge any of his functions under this Act, the Financial Services Act 1986 or any enactment relating to competition, companies, insurance or insolvency;
any inspector appointed by the Secretary of State under any of the enactments mentioned in paragraph (g) to discharge any of his functions;
an official receiver to discharge any of his functions under any enactment relating to insolvency;
a body which is a recognised professional body under section 391 of the Insolvency Act 1986 to discharge any of its functions as such a body;
the Insurance Brokers Registration Council to discharge any of its functions under the Insurance Brokers (Registration) Act 1977;
any person appointed or authorised to discharge any powers under section 94, 106 or 177 of the Financial Services Act 1986 to exercise any of those powers;
the Director to discharge any of his functions under—
this Act;
the Fair Trading Act 1973 (other than Part II);
the Consumer Credit Act 1974;
the Restrictive Trade Practices Act 1976;
the Estate Agents Act 1979;
the Competition Act 1980;
the Financial Services Act 1986;
the Control of Misleading Advertisements Regulations 1988;
the Monopolies and Mergers Commission to discharge any of its functions under the Fair Trading Act 1973 and the Competition Act 1980;
the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
the functions of the Board, the Building Societies Commission or the Bank of England; or
those functions of the Secretary of State mentioned in paragraph (g);
the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
the Financial Services Tribunal to discharge any of its functions under the Financial Services Act 1986.
Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Lord Chancellor to discharge any functions which are specified in the order.
An order under subsection (3) designating an authority for the purposes of this section may—
impose conditions subject to which the disclosure of information is permitted by subsection (3); and
otherwise restrict the circumstances in which disclosure is permitted.
Where information has been disclosed by one person (“the first person”) to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
The Lord Chancellor may by order modify the application of any provision of this section so as—
to prevent the disclosure of information by virtue of that provision; or
to restrict the extent to which disclosure of information is permitted by virtue of that provision.
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The powers conferred on the Board by this section may be exercised if it appears to the Board to be desirable to do so for the purpose of protecting the interests of the clients, or prospective clients, of an authorised practitioner.
The Board may, in particular, exercise any such power where it appears to it—
that an authorised practitioner who is an individual is no longer fit to provide conveyancing services;
that any person carrying on the business of an authorised practitioner is not fit to provide such services; or
that an authorised practitioner has failed, or is likely to fail, to comply with any regulation made under section 40.
The Board may direct the authorised practitioner not to dispose of, or otherwise deal with, except in accordance with the terms of the direction—
any assets belonging to any client of the authorised practitioner and held by or under the control of the authorised practitioner in connection with his business as an authorised practitioner; or
any assets of such a kind which are specified in the direction.
The Board may direct the authorised practitioner to transfer to the Board, or to such persons (“the trustees”) as may be specified in the direction—
all assets belonging to any client of that practitioner and held by or under his control in connection with his business as an authorised practitioner; or
any assets of such a kind which are specified in the direction.
Any assets which have been transferred as a result of a direction given under subsection (4) shall be held by the Board, or by the trustees, on trust for the client concerned.
The trustees may deal with any assets which have been transferred to them only in accordance with directions given to them by the Board.
In this section—
“the Society” means the Law Society; and
Any direction under this section—
must be given in writing;
must state the reason why it is being given;
shall take effect on such date as may be specified in the direction (which may be the date on which it is served on the authorised practitioner);
may be varied or revoked by a further direction given by the Board.
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In this section—
and
An authorised practitioner to whom a direction is given may appeal against it to a Conveyancing Appeal Tribunal.
Any authorised practitioner to whom a direction is given shall comply with it as soon as it takes effect (and whether or not he proposes to appeal).
If, on an application made to the High Court by the Board, the court is satisfied— it may make an order requiring the authorised practitioner, and any other person whom the court considers it appropriate to subject to its order, to take such steps as the court may direct with a view to securing compliance with the direction.
that an authorised practitioner has failed, within a reasonable time, to comply with any direction given to it; or
that there is a reasonable likelihood that an authorised practitioner will so fail,
Where an authorised practitioner is— the intervention powers may be exercised only after consultation with the body by reference to which the authorised person acquired its authorisation under that Act.
an authorised person under the Financial Services Act 1986; or
an appointed representative (as defined in section 44(2) of that Act) of such an authorised person,
Where an authorised practitioner is— the intervention powers may be exercised only after consultation with the Bank of England.
an institution which is authorised by the Bank of England under Part I of the Banking Act 1987 to carry on a deposit-taking business; or
an appointed representative of such an institution,
Where an authorised practitioner is— the intervention powers may be exercised only after consultation with the Commission.
a building society which is authorised to raise money from its members by the Building Societies Commission under section 9 of the Building Societies Act 1986; or
an appointed representative of such a building society,
Where an authorised practitioner falls within more than one of subsections (5) to (7), the Board shall comply with each of the subsections in question.
The Council for Licensed Conveyancers has the powers necessary to enable it to become designated as an approved regulator in relation to one or more of the reserved legal activities within subsection (1A).
an authorised body for the purposes of granting rights of audience under section 27(2)(a);
an authorised body for the purposes of granting rights to conduct litigation under section 28(2)(a); and
an approved body for the purposes of granting, in accordance with section 55, exemption from the provisions of section 23(1) of the Solicitors Act 1974 (preparation of probate papers).
If the Council becomes an approved regulator in relation to one or more of those activities, it may, in that capacity, authorise a person to carry on a relevant activity ....
The reserved legal activities to which this subsection applies are—
the exercise of a right of audience;
the conduct of litigation;
probate activities.
Where the Council authorises a person to carry on a relevant activity, it is to do so by issuing a licence to the person in respect of that activity .
becomes an authorised body for the purposes of section 27 and grants any right of audience;
becomes an authorised body for the purposes of section 28 and grants any right to conduct litigation; or
becomes an approved body for the purposes of section 55 and grants an exemption under that section,
If the person granted a licence under this section is a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising the licensed conveyancer’s licence issued under Part II of the Administration of Justice Act 1985 and any other licence which the Council may grant to the licensed conveyancer concerned.
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Where the Council exercises any of its powers in connection with— it is to do so subject to any requirements to which it is subject in accordance with the provisions of the Legal Services Act 2007.
an application for designation as an approved regulator in relation to a reserved legal activity within subsection (1A), or
the authorising of a person to carry on a relevant activity,
If the person granted a licence under this section is not a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising that and any other licence under this section which the Council may grant to the person.
Schedule 8 makes further provision in connection with the powers given to the Council by this section and the provision made by the Act of 1985 in relation to licensed conveyancers, including amendments of Part II of that Act.
A licence under this section granted to a person who is not a licensed conveyancer ceases to have effect if the person becomes a licensed conveyancer.
The Lord Chancellor may by order make such— as he considers necessary or expedient in connection with the provision made by this section and Schedule 8.
amendments of, or modifications to, the provisions of Part II of the Act of 1985; or
transitional or consequential provision,
Subject to any provision made by this section, Schedule 8 or any order made by the Lord Chancellor under subsection (8), the provisions of Part II of the Act of 1985 shall, with the necessary modifications, apply with respect to persons who apply for, or hold, an advocacy, litigation or probate licence and — as they apply with respect to persons who apply for, or hold, a licence under Part 2 of the Act of 1985 and the corresponding matters dealt with by Part II of that Act.
any application for an advocacy, litigation or probate licence;
any such licence;
the practice of any person which is carried on by virtue of any such licence;
rules made by the Council under Schedule 8;
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any case of an individual who describes himself or herself, or holds himself or herself out, as a licensed CLC practitioner without holding a licence in force under this section;
any other matter dealt with by this section or Schedule 8,
The modifications mentioned in subsection (9) may differ depending on whether the person applying for, or holding, an advocacy, litigation or probate licence is or is not a licensed conveyancer.
Subsection (9) does not apply to section 34 of the Act of 1985 (modification of existing enactments relating to conveyancing etc).
For the purposes of this section—
“right of audience”, “conduct of litigation”, “probate activities” and “reserved legal activity” have the same meaning as in the Legal Services Act 2007;
references to designation as an approved regulator are to designation as an approved regulator—
by Part 1 of Schedule 4 to the Legal Services Act 2007, by virtue of an order under paragraph 5 of Schedule 22 to that Act, or
under Part 2 of Schedule 4 to that Act;
“relevant activity” means an activity which is a reserved legal activity—
which is within subsection (1A), and
in relation to which the Council is designated as an approved regulator by Part 1 of Schedule 4 to that Act (by virtue of an order under paragraph 5 of Schedule 22 to that Act) or under Part 2 of that Schedule.
In this section—
has held it for a continuous period of at least five years.
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In section 23 of the Solicitors Act 1974 (preparation of papers for probate etc. by unqualified persons), the following subsections shall be substituted for subsections (2) and (3)—
In section 115 of the Supreme Court Act 1981 (grants to trust corporations) the following subsection shall be added at the end—
If a person who applies for any grant of probate or letters of administration— he shall be guilty of an offence.
makes a statement in his application, or supports his application with a document, which he knows to be false or misleading in a material particular; or
recklessly makes a statement in his application, or supports his application with a document, which is false or misleading in a material particular,
Any person guilty of an offence under subsection (3) shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
In subsection (3) “letters of administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes.
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The provisions of section 23(1) of the Solicitors Act 1974 (preparation of papers for probate etc. by unqualified persons) shall not apply to any person to whom exemption from those provisions is granted by an approved body.
An approved body may only grant such an exemption to a person who is one of its members and who satisfies it—
that his business is, and is likely to continue to be, carried on by fit and proper persons or, in the case of an individual, that he is a fit and proper person;
that he, and any person employed by him in the provision of probate services, is suitably trained;
that satisfactory arrangements will at all times be in force for covering adequately the risk of any claim made against him in connection with the provision of probate services by him, however arising;
that he is a member of, or otherwise subject to, a scheme which—
has been established (whether or not exclusively) for the purpose of dealing with complaints about the provision of probate services; and
complies with such requirements as may be prescribed by regulations made by the Lord Chancellor with respect to matters relating to such complaints; and
that he has in force satisfactory arrangements to protect his clients in the event of his ceasing to provide probate services.
In this section “approved body” means a professional or other body which is approved by the Lord Chancellor under Schedule 9.
The approval of any body under Schedule 9 may be revoked under that Schedule.
Every justice shall have power to administer any oath or take any affidavit which is required for the purposes of an application for a grant of probate or letters of administration made in any non-contentious or common form probate business.
A justice before whom any oath or affidavit is taken or made under this section shall state in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.
No justice shall exercise the powers conferred by this section in any proceedings in which he is interested.
A document purporting to be signed by a justice administering an oath or taking an affidavit shall be admitted in evidence without proof of the signature and without proof that he is a justice.
In this section—
Public notaries shall no longer be appointed to practise only within particular districts in England, or particular districts in Wales.
It shall no longer be necessary to serve a period of apprenticeship before being admitted as a public notary.
Accordingly, the following enactments relating to public notaries shall cease to have effect—
section 2 of the Public Notaries Act 1801 (which provides that no person shall be admitted as a public notary unless he has served as an apprentice for seven years);
section 1 of the Public Notaries Act 1833 (which restricts the requirement to serve an apprenticeship to London and an area of ten miles from the Royal Exchange);
section 2 of the Public Notaries Act 1833 (appointment of public notaries to practise within particular districts in England);
section 3 of the Public Notaries Act 1843 (which reduced the period of apprenticeship to five years);
section 37 of the Welsh Church Act 1914 (appointment of public notaries to practise within particular districts in Wales); and
section 29 of the Administration of Justice Act 1969 (which reduced the period of apprenticeship for public notaries in London).
The Master may by rules make provision—
as to the educational and training qualifications which must be satisfied before a person may be granted a faculty to practise as a public notary;
as to further training which public notaries are to be required to undergo;
for regulating the practice, conduct and discipline of public notaries;
supplementing the provision made by subsections (8) and (9);
as to the keeping by public notaries of records and accounts;
as to the handling by public notaries of clients’ money;
as to the indemnification of public notaries against losses arising from claims in respect of civil liability incurred by them;
as to compensation payable for losses suffered by persons in respect of dishonesty on the part of public notaries or their employees; and
requiring the payment, in such circumstances as may be prescribed, of such reasonable fees as may be prescribed, including in particular fees for—
the grant of a faculty;
the issue of a practising certificate by the Court of Faculties of the Archbishop of Canterbury; or
the entering in that court of a practising certificate issued under the Solicitors Act 1974.
The repeal of section 2 of the Act of 1833 and section 37 of the Act of 1914 by this Act shall not affect any appointment made under either of those sections; but the Master may by rules make such provision as he considers necessary or expedient in consequence of either, or both, of those repeals.
Rules made under subsection (5) may, in particular, provide for the grant by the Master of a new faculty for any person to whom the Notary Public (Welsh Districts) Rules 1924 applied immediately before the commencement of this section, in place of the faculty granted to him by the Clerk of the Crown in Chancery.
Subsections (4) to (6) shall not be taken to prejudice—
any other power of the Master to make rules; or
any rules made by him under any such power.
With effect from the operative date, any restriction placed on a qualifying district notary, in terms of the district within which he may practise as a public notary, shall cease to apply.
In this section—
“litigation licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities which constitute the conduct of litigation;
...
Section 5 of the Ecclesiastical Licences Act 1533 (which amongst other things now has the effect of requiring faculties to be registered by the Clerk of the Crown in Chancery) shall not apply in relation to any faculty granted to a public notary.
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to authorise any public notary to practise as a notary or to perform or certify any notarial act within the jurisdiction of the Incorporated Company of Scriveners of London or to affect the jurisdiction or powers of the Company; or
to restrict the power of the Company to require a person seeking to become a public notary within its jurisdiction to serve a period of apprenticeship.
A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to subsection (5)) any other conditional fee agreement shall be unenforceable.
does not relate to proceedings of a kind mentioned in subsection (10);
provides for that person’s fees and expenses, or any part of them, to be payable only in specified circumstances;
complies with such requirements (if any) as may be prescribed by the Lord Chancellor; and
is not a contentious business agreement (as defined by section 59 of the Solicitors Act 1974).
For the purposes of this section and section 58A—
a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances; and
a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances and
references to a success fee, in relation to a conditional fee agreement, are to the amount of the increase.
The following conditions are applicable to every conditional fee agreement—
it must be in writing;
it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and
it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor.
The following further conditions are applicable to a conditional fee agreement which provides for a success fee—
it must relate to proceedings of a description specified by order made by the Lord Chancellor;
it must state the percentage by which the amount of the fees which would be payable if it were not a conditional fee agreement is to be increased; and
that percentage must not exceed the percentage specified in relation to the description of proceedings to which the agreement relates by order made by the Lord Chancellor.
If a conditional fee agreement is an agreement to which section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies, subsection (1) shall not make it unenforceable.
The additional conditions are applicable to a conditional fee agreement which—
provides for a success fee, and
relates to proceedings of a description specified by order made by the Lord Chancellor for the purposes of this subsection.
An agreement which falls within subsection (2) shall be unenforceable if, at the time when it is entered into, the percentage specified in the agreement exceeds the prescribed maximum permitted percentage for the description of proceedings to which it relates.
The additional conditions are that—
the agreement must provide that the success fee is subject to a maximum limit,
the maximum limit must be expressed as a percentage of the descriptions of damages awarded in the proceedings that are specified in the agreement,
that percentage must not exceed the percentage specified by order made by the Lord Chancellor in relation to the proceedings or calculated in a manner so specified, and
those descriptions of damages may only include descriptions of damages specified by order made by the Lord Chancellor in relation to the proceedings.
Before making any order under this section the Lord Chancellor shall consult the designated judges, the General Council of the Bar, the Law Society and such other authorised bodies (if any) as he considers appropriate.
Where a party to any proceedings has entered into a conditional fee agreement and a costs order is made in those proceedings in his favour, the costs payable to him shall not include any element which takes account of any percentage increase payable under the agreement.
Rules of court may make provision with respect to the taxing of any costs which include fees payable under a conditional fee agreement.
The proceedings mentioned in subsection (1)(a) are any criminal proceedings and any proceedings under—
the Matrimonial Causes Act 1973;
the Domestic Violence and Matrimonial Proceedings Act 1976;
the Adoption Act 1976;
the Domestic Proceedings and Magistrates' Courts Act 1978;
sections 1 and 9 of the Matrimonial Homes Act 1983;
Part III of the Matrimonial and Family Proceedings Act 1984;
Parts I, II or IV of the Children Act 1989; or
the inherent jurisdiction of the High Court in relation to children.
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Nothing in this Part shall affect the right of a person who is represented in proceedings in the Supreme Court or the House of Lords under the Legal Aid Act 1988 to select his legal representative.
The power to make regulations with respect to representation under section 2(7) or 32(8) of that Act shall not be exercised so as to provide that representation in any such proceedings may only be by a single barrister, solicitor or other legal representative (but that is not to be taken as restricting the power to make regulations under section 34(2)(e) of that Act).
The proceedings which cannot be the subject of an enforceable conditional fee agreement are—
criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990; and
family proceedings.
In subsection (1) “family proceedings” means proceedings under any one or more of the following—
the Matrimonial Causes Act 1973;
the Adoption and Children Act 2002;
the Domestic Proceedings and Magistrates’ Courts Act 1978;
Part III of the Matrimonial and Family Proceedings Act 1984;
Parts I, II and IV of the Children Act 1989;
Parts 4 and 4A of the Family Law Act 1996; . . .
Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;
Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership);
Schedule 5 to the 2004 Act (financial relief in the High Court or a county court etc.);
Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.);
Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership);
proceedings under Part 3 of the Domestic Abuse Act 2021 (proceedings for domestic abuse protection order), where the proceedings are in the family court or the Family Division of the High Court; and
the inherent jurisdiction of the High Court in relation to children.
The requirements which the Lord Chancellor may prescribe under section 58(3)(c)—
include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and
may be different for different descriptions of conditional fee agreements (and, in particular, may be different for those which provide for a success fee and those which do not).
In section 58 and this section (and in the definitions of “advocacy services” and “litigation services” as they apply for their purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.
Before making an order under section 58(4) , (4A) or (4B), the Lord Chancellor shall consult—
the designated judges;
the General Council of the Bar;
the Law Society; and
such other bodies as he considers appropriate.
A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee.
A costs order made in proceedings may not include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.
Rules of court may make provision with respect to the assessment of any costs which include fees payable under a conditional fee agreement (including one which provides for a success fee).
The Lord Chancellor may by regulations prescribe circumstances in which, and conditions subject to which, a practitioner who is qualified to practise in Scotland or Northern Ireland may, in such capacity as may be prescribed, exercise in England and Wales— without being entitled to do so apart from the regulations.
prescribed rights of audience; or
prescribed rights to conduct litigation,
The Lord Chancellor may by regulations make provision for the purpose of enabling practitioners who are qualified to practise in Scotland or Northern Ireland to become qualified to practise in England and Wales on terms, and subject to conditions, corresponding or similar to those on which practitioners who are qualified to practise in member States may become qualified to practise in that jurisdiction.
Regulations made under subsection (1) may, in particular—
prescribe any right of audience which may not be exercised by a person in England and Wales unless he is instructed to act together with a person who has that right of audience there;
prescribe legal services which may not be provided by any person practising by virtue of the regulations;
prescribe the title or description which must be used by any person practising by virtue of the regulations;
provide for the means by which the qualification of any person claiming to be entitled to practise by virtue of the regulations is to be verified;
provide for such professional or other body as may be prescribed to have power to investigate and deal with any complaint made against a person practising by virtue of the regulations.
Regulations may be made under this section only if—
the Legal Services Board has made a recommendation under section 60A,
draft regulations were annexed to the recommendation, and
the regulations are in the same form as, or a form not materially different from, the draft regulations.
Regulations made under subsection (1) or (2) may modify any rule of law or practice which the Lord Chancellor considers should be modified in order to give effect to the regulations.
In this section “practitioner” means—
a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland or an advocate or solicitor in Scotland; and
any person falling within such category as may be prescribed.
A damages-based agreement which ... satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement.
But (subject to subsection (9)) a damages-based agreement which ... does not satisfy those conditions is unenforceable.
For the purposes of this section—
a damages-based agreement is an agreement between a person providing advocacy services, litigation services or claims management services and the recipient of those services which provides that—
the recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided, and
the amount of that payment is to be determined by reference to the amount of the financial benefit obtained;
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The agreement—
must be in writing;
must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of a description prescribed by the Lord Chancellor;
if regulations so provide, must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;
must comply with such other requirements as to its terms and conditions as are prescribed; and
must be made only after the person providing services under the agreement has complied with such requirements (if any) as may be prescribed as to the provision of information.
Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements.
Before making regulations under subsection (4) the Lord Chancellor must consult—
the designated judges,
the General Council of the Bar,
the Law Society, and
such other bodies as the Lord Chancellor considers appropriate.
Rules of court may make provision with respect to the assessment of costs in proceedings where a party in whose favour a costs order is made has entered into a damages-based agreement in connection with the proceedings.
In this section—
“registration” means registration in that register;
In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for the purposes of this section) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.
Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).
Where section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies to a damages-based agreement other than one relating to an employment matter, subsections (1) and (2) of this section do not make it unenforceable.
For the purposes of subsection (9) a damages-based agreement relates to an employment matter if the matter in relation to which the services are provided is a matter that is, or could become, the subject of proceedings before an employment tribunal.
Subsection (1) is subject to section 47C(8) of the Competition Act 1998.
Any rule of law which prevents a barrister from entering into a contract for the provision of his services as a barrister is hereby abolished.
Nothing in subsection (1) prevents the General Council of the Bar from making rules (however described) which prohibit barristers from entering into contracts or restrict their right to do so.
A litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a litigation funding agreement.
For the purposes of this section a litigation funding agreement is an agreement under which—
a person (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services (by someone other than the funder) to another person (“the litigant”); and
the litigant agrees to pay a sum to the funder in specified circumstances.
The following conditions are applicable to a litigation funding agreement—
the funder must be a person, or person of a description, prescribed by the Secretary of State;
the agreement must be in writing;
the agreement must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of any such description as may be prescribed by the Secretary of State;
the agreement must comply with such requirements (if any) as may be so prescribed;
the sum to be paid by the litigant must consist of any costs payable to him in respect of the proceedings to which the agreement relates together with an amount calculated by reference to the funder’s anticipated expenditure in funding the provision of the services; and
that amount must not exceed such percentage of that anticipated expenditure as may be prescribed by the Secretary of State in relation to proceedings of the description to which the agreement relates.
Regulations under subsection (3)(a) may require a person to be approved by the Secretary of State or by a prescribed person.
The requirements which the Secretary of State may prescribe under subsection (3)(d)—
include requirements for the funder to have provided prescribed information to the litigant before the agreement is made; and
may be different for different descriptions of litigation funding agreements.
In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for its purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.
Before making regulations under this section, the Secretary of State shall consult—
the designated judges;
the General Council of the Bar;
the Law Society; and
such other bodies as he considers appropriate.
A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any amount payable under a litigation funding agreement.
Rules of court may make provision with respect to the assessment of any costs which include fees payable under a litigation funding agreement.
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A person— shall have the same immunity from liability for negligence in respect of his acts or omissions as he would have if he were a barrister lawfully providing those services.
who is not a barrister; but
who lawfully provides any legal services in relation to any proceedings,
No act or omission on the part of any barrister or other person which is accorded immunity from liability for negligence shall give rise to an action for breach of any contract relating to the provision by him of the legal services in question.
A costs order made in favour of a party to proceedings who has taken out a costs insurance policy may not include provision requiring the payment of an amount in respect of all or part of the premium of the policy, unless such provision is permitted by regulations under subsection (2).
The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where—
the order is made in favour of a party to clinical negligence proceedings of a prescribed description,
the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay for one or more expert reports in respect of clinical negligence in connection with the proceedings (or against that risk and other risks),
the policy is of a prescribed description,
the policy states how much of the premium relates to the liability to pay for an expert report or reports in respect of clinical negligence (“the relevant part of the premium”), and
the amount is to be paid in respect of the relevant part of the premium.
Regulations under subsection (2) may include provision about the amount that may be required to be paid by the costs order, including provision that the amount must not exceed a prescribed maximum amount.
The regulations may prescribe a maximum amount, in particular, by specifying—
a percentage of the relevant part of the premium;
an amount calculated in a prescribed manner.
In this section—
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This section applies to any communication made to or by a person who is not a barrister or solicitor at any time when that person is—
providing advocacy or litigation services as an authorised advocate or authorised litigator;
providing conveyancing services as an authorised practitioner; or
providing probate services as a probate practitioner.
Any such communication shall in any legal proceedings be privileged from disclosure in like manner as if the person in question had at all material times been acting as his client’s solicitor.
In subsection (1), “probate practitioner” means a person to whom section 23(1) of the Solicitors Act 1974 (unqualified person not to prepare probate papers etc.) does not apply.
The following shall be inserted in the Sex Discrimination Act 1975 after section 35—
The following shall be inserted in the Race Relations Act 1976 after section 26—
The following shall be inserted in the Sex Discrimination Act 1975 after section 35A (as inserted by this Act)—
The following shall be inserted in the Race Relations Act 1976 after section 26A (as inserted by this Act)—.
Before making a recommendation under this section, the Legal Services Board must publish a draft of—
the proposed recommendation, and
the proposed draft regulations.
The draft must be accompanied by a notice which states that representations about the proposals may be made to the Board within a specified period.
Before making the recommendation, the Board must have regard to any representations duly made.
If the draft regulations to be annexed to the recommendation differ from the draft regulations published under subsection (1)(b) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft recommendations along with a statement detailing the changes made and the reasons for the changes.
Section 39 of the Solicitors Act 1974 (which, in effect, prevents solicitors entering into partnership with persons who are not solicitors) shall cease to have effect.
Nothing in subsection (1) prevents the Law Society making rules which prohibit solicitors from entering into any unincorporated association with persons who are not solicitors, or restrict the circumstances in which they may do so.
Section 10 of the Public Notaries Act 1801 (which, in effect, prevents notaries entering into partnership with persons who are not notaries) shall cease to have effect.
Nothing in subsection (3) prevents the Master of the Faculties making rules which prohibit notaries from entering into any unincorporated association with persons who are not notaries, or restrict the circumstances in which they may do so.
It is hereby declared that no rule of common law prevents barristers from entering into any unincorporated association with persons who are not barristers.
Nothing in subsection (5) prevents the General Council of the Bar from making rules which prohibit barristers from entering into any such unincorporated association, or restrict the circumstances in which they may do so.
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Section 22 of the Solicitors Act 1974 (unqualified person not to prepare certain instruments) shall be amended as follows.
In subsection (2) (persons exempt from subsection (1)), the following paragraphs shall be inserted after paragraph (a)—
The following subsection shall be inserted after subsection (3)—
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Neither the Lord Chancellor nor any of the designated judges shall be liable in damages for anything done or omitted in the discharge or purported discharge of any of their functions under this Part.
For the purposes of the law of defamation, the publication by the Lord Chancellor, a designated judge or the Director of any advice or reasons given by or to him in the exercise of functions under this Part shall be absolutely privileged.
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If any person does any act in the purported exercise of a right of audience, or right to conduct litigation, in relation to any proceedings or contemplated proceedings when he is not entitled to exercise that right he shall be guilty of an offence.
If any person does any act in the purported exercise of any right granted to authorised practitioners by virtue of this Act when he is not an authorised practitioner he shall be guilty of an offence.
If any person— he shall be guilty of an offence.
wilfully pretends— when he is not so entitled;
to be entitled to exercise any right of audience in relation to any proceedings, or contemplated proceedings; or
to be entitled to exercise any right to conduct litigation in relation to any proceedings, or contemplated proceedings,
wilfully pretends to be an authorised practitioner when he is not; or
with the intention of implying falsely that he is so entitled, or is such a practitioner, takes or uses any name, title or description,
A person guilty of an offence under subsection (1) or (2) shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
A person guilty of an offence under subsection (3) shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
A person guilty of an offence under this section, by virtue of subsection (1), shall also be guilty of contempt of the court concerned and may be punished accordingly.
Subsection (8) applies where an offence under this section is committed by a body corporate.
If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of— he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
any director, secretary or other similar officer of the body corporate; or
any person who was purporting to act in any such capacity,
In section 10(3) of the Senior Courts Act 1981—
in paragraph (b) (qualification for appointment as Lord Justice of Appeal) for the words “unless he is a barrister of at least fifteen years’ standing or a judge of the High Court” there shall be substituted—unless— ;
in paragraph (c) (qualification for appointment as puisne judge of the High Court) for the words “unless he is a barrister of at least ten years’ standing” there shall be substituted—unless—
Schedule 10 shall have effect for the purpose of making amendments to other enactments, measures and statutory instruments which relate to qualification for judicial and certain other appointments.
For the purposes of this section, a person has—
a ” Senior Courts qualification" if he has a right of audience in relation to all proceedings in the Senior Courts;
a “High Court qualification” if he has a right of audience in relation to all proceedings in the High Court;
a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the Senior Courts, or all proceedings in county courts or magistrates’ courts;
a “Crown Court qualification” if he has a right of audience in relation to all proceedings in the Crown Court;
a “county court qualification” if he has a right of audience in relation to all proceedings in the county court;
a “magistrates’ court qualification” if he has a right of audience in relation to all proceedings in magistrates’ courts.
References in subsection (3) to a right of audience are references to a right of audience exercisable by virtue of an authorisation given by a relevant approved regulator.
Any reference in any enactment, measure or statutory instrument to a person having such a qualification of a particular number of years’ length shall be construed as a reference to a person who—
for the time being has that qualification, and
has had it for a period (which need not be continuous) of at least that number of years.
Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the relevant approved regulator from exercising it shall not count towards the period mentioned in subsection (5)(b).
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In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
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For each of the Circuits there shall be at least two Presiding Judges, appointed from among the puisne judges of the High Court.
There shall be a Senior Presiding Judge for England and Wales, appointed from among the Lords Justices of Appeal.
Any appointment under subsection (1) or (2) shall be made by the Lord Chief Justice with the agreement of the Lord Chancellor.
In this section “the Circuits” means— or such other areas of England and Wales as the Lord Chancellor may from time to time, after consulting the Lord Chief Justice, direct.
the Midland and Oxford Circuit;
the North Eastern Circuit;
the Northern Circuit;
the South Eastern Circuit;
the Western Circuit; and
the Wales and Chester Circuit,
A person appointed as a Presiding Judge or as the Senior Presiding Judge shall hold that office in accordance with the terms of his appointment.
In section 4 of the Senior Courts Act 1981 (composition of High Court)—
in subsection (1), after the words “Vice-Chancellor" there shall be inserted—; and
in subsection (6) for the words “or Vice-Chancellor" there shall be substituted “ Vice-Chancellor or Senior Presiding Judge" ”.
Where the Master of the Rolls expects to be absent at a time when it may be appropriate for any relevant functions of his to be exercised, he may appoint a judge of the Senior Courts to exercise those functions on his behalf.
Where the Master of the Rolls considers that it would be inappropriate for him to exercise any such functions in connection with a particular matter (because of a possible conflict of interests or for any other reason), he may appoint a judge of the Senior Courts to exercise those functions on his behalf in connection with that matter.
Where the Master of the Rolls is incapable of exercising his relevant functions, the Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts to exercise, on behalf of the Master of the Rolls, such of those functions as the Lord Chief Justice and Lord Chancellor consider appropriate.
Any appointment under this section shall be in writing and shall specify—
the functions which may be exercised by the appointed judge; and
the period for which the appointment is to have effect.
In this section “relevant functions” means any functions of the Master of the Rolls under—
section 144A of the Law of Property Act 1922 (functions in relation to manorial documents);
section 7(1) of the Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);
the Solicitors Act 1974 (which gives the Master of the Rolls various functions in relation to solicitors);
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The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
The offices of— shall become the offices of district judge, assistant district judge and deputy district judge respectively.
registrar, assistant registrar and deputy registrar for each county court district; and
district registrar, assistant district registrar and deputy district registrar for each district registry of the High Court,
The office of registrar of the principal registry of the Family Division of the High Court shall become the office of district judge of the principal registry of the Family Division.
Any reference in any enactment, instrument or other document to an office which is, or includes, one to which this section applies shall be construed as a reference to, or (as the case may be) as including a reference to, that office by its new name.
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In section 118 of that Act (power of judge to commit for contempt) after subsection (2) there shall be inserted—
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No person holding as a full-time appointment any of the offices listed in Schedule 11 shall—
provide any advocacy or litigation services (in any jurisdiction);
provide any conveyancing or probate services;
practise as a barrister, solicitor, public notary , licensed conveyancer or licensed CLC practitioner , or be indirectly concerned in any such practice;
carry on any notarial activities (within the meaning of the Legal Services Act 2007);
practise as an advocate or solicitor in Scotland, or be indirectly concerned in any such practice; or
act for any remuneration to himself as an arbitrator or umpire.
A person holding any of the following offices— shall take the oath of allegiance and the judicial oath before a judge of the High Court or a Circuit judge.
district judge, including district judge of the principal registry of the Family Division;
Master of the Queen’s Bench Division;
Master of the Chancery Division;
Insolvency and Companies Court Judge ;
Taxing Master of the Senior Courts ;
Admiralty Registrar,
The Promissory Oaths Act 1868 shall have effect as if the offices listed in the Second Part of the Schedule to that Act included those offices.
In section 92 of the Senior Courts Act 1981 (tenure of office) for subsection (2) there shall be substituted—
After subsection (3) of that section (retirement age increased in certain circumstances to 75 years) there shall be inserted—
In subsection (4) of that section (person to hold office during good behaviour) after the words “subsection (1)" there shall be inserted “ or (2A)" ”.
The office of Registrar of Criminal Appeals shall be combined with the office of Queen’s Coroner and Attorney and Master of the Crown Office.
After section 13 of the Judicial Pensions Act 1981 there shall be inserted—
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The following section shall be inserted in the Judicial Pensions Act 1981, after section 18 (which sets out the conditions on which a widow’s pension is payable)—
The transitional provisions set out in Schedule 12 shall be inserted in the Act of 1981 as Part IV of Schedule 2 to that Act.
For section 19 of the Judicial Pensions Act 1981 (determination of widow’s pension) there shall be substituted—
Schedule 13 amends the Judicial Pensions Act 1981 by inserting a new Schedule 1A, which makes provision for the transfer of accrued rights into and out of the judicial pension schemes constituted by that Act and the Sheriffs’ Pensions (Scotland) Act 1961.
In the Judicial Pensions Act 1981, the following section shall be inserted after section 33—
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In Article 14 of the Social Security (Northern Ireland) Order 1986 (voluntary contributions in Northern Ireland) the following paragraph shall be inserted after paragraph (10)—
In each of the following provisions (which among other things require a minimum number of years service for qualification for superannuation benefits)— for the words “5 years", or “five years", there shall be substituted, in each case, “ 2 years" ”.
section 7(1) of the Judicial Pensions Act 1981 (stipendiary magistrates);
section 9(1) of that Act (Judge Advocate General);
paragraph 4(1)(b) of Schedule 1 to that Act (Supreme Court officers etc); and
section 1(1) of the Sheriffs’ Pensions (Scotland) Act 1961,
In section 7(3) of the Act of 1981 (rate of pension payable to a stipendiary magistrate) for “(a)" there shall be substituted—.
In section 9 of the Act of 1981 (rate of pension payable to Judge Advocate General) the following subsection shall be inserted after subsection (3)—
In paragraph 4(4) of Schedule 1 to the Act of 1981 (rate of pension payable to an officer of the Supreme Court etc.) for “(a)" there shall be substituted—.
In subsections (2) and (3) of section 3 of the Sheriffs’ Pensions (Scotland) Act 1961 (rate of pension payable to sheriff and salaried sheriff-substitute) for “(a)" there shall, in each case, be substituted—.
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section 3 of the Superannuation (Miscellaneous Provisions) Act 1967 (miscellaneous offices);
section 1 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (miscellaneous offices in Northern Ireland);
section 18(3) of the Courts Act 1971 (Circuit judges);
in section 1(2) of the Ministerial and other Salaries Act 1975 (Lord Chancellor), the words from “but” to the end;
section 9(4) of the Administration of Justice Act 1973 (Lords of Appeal in Ordinary, judges of the Court of Session, judges of the Supreme Court in Northern Ireland and stipendiary magistrates);
section 12(4) of the Supreme Court Act 1981 (judges of the Supreme Court other than the Lord Chancellor).
After section 1 of the Solicitors Act 1974 (qualifications for practising as solicitor) there shall be inserted the following section—
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The Law Society shall maintain a register of foreign lawyers for the purposes of this section.
A foreign lawyer who wishes to be registered under this section must apply to the Society in accordance with the requirements of Part I of Schedule 14.
The power to make rules under— shall also be exercisable in relation to registered foreign lawyers.
the following provisions of the Solicitors Act 1974—
section 31 (professional practice, conduct and discipline);
section 32 (accounts and trust accounts);
section 34 (accountants’ reports);
sections 36 and 36A (compensation grants); and
section 37 (professional indemnity); and
section 9 of the Administration of Justice Act 1985 (incorporated practices),
Subject to the provisions of Schedule 14, any such power may be exercised so as to make different provision with respect to registered foreign lawyers to the provision made with respect to solicitors.
to make different provision with respect to solicitors who enter into multi-national partnerships to the provision made with respect to other solicitors;
to make different provision with respect to the management and control of recognised bodies by solicitors and registered foreign lawyers to the provision made with respect to the management and control of recognised bodies by solicitors;
to make different provision with respect to registered foreign lawyers who are members of multi-national partnerships to the provision made with respect to solicitors; or
to make different provision with respect to officers of recognised bodies who are registered foreign lawyers to the provision made with respect to officers of recognised bodies who are solicitors.
Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument— shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.
passed or made before or in the same Session as the Legal Services Act 2007 was passed;
having effect in relation to solicitors; and
specified in the order,
An order under subsection (5) may provide for an enactment or instrument to have effect with respect to registered foreign lawyers subject to such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.
Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument— shall, in its application in relation to recognised bodies whose managers include one or more registered foreign lawyers, have effect with such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.
passed or made before or in the same Session as the Legal Services Act 2007 was passed;
having effect in relation to recognised bodies; and
specified in the order,
Schedule 14 shall have effect for the purposes of supplementing this section.
In this section and in Schedule 14—
“the register” means the register maintained by the Society under section 89;
Rules and regulations made by the Law Society under, or by virtue of, this section or Schedule 14 which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act.
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In paragraph 1 of Schedule 1 to the Solicitors Act 1974 (circumstances in which Society may intervene in solicitors’ practices) the following paragraphs shall be added at the end—
In section 15 of the Act of 1974 (suspension of practising certificates) the following subsections shall be inserted after subsection (1)—
In section 16 of the Act of 1974 (duration of suspension of practising certificates) in subsection (3) the following paragraph shall be inserted after paragraph (c)—.
Section 47 of the Solicitors Act 1974 (jurisdiction and powers of the Tribunal) shall be amended as follows.
The following subsections shall be substituted for subsections (1) and (2)—
In subsection (2A) for the words “(2)(bb)" there shall be substituted “ (2)(d)" ”.
After subsection (3) there shall be inserted—
In section 48(2) of that Act (recording and publishing of orders of the Tribunal)—
for the words “(a) to (e)" there shall be substituted “ (a) to (i)" ”;
in paragraph (a) after the word “solicitor" there shall be inserted “ or former solicitor" ”;
in paragraph (b) for the words “paragraph (d) or (e) of that subsection" there shall be substituted “ paragraph (e), (f), (h) or (i) of section 47(2)" ”.
In section 49(1)(a) of that Act (appeal from Tribunal to the Master of the Rolls) for the words “47(1)(b)" there shall be substituted “ 47(1)(d), (e) or (f)" ”.
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Section 44A of the Solicitors Act 1974 (powers of Council to impose sanctions for inadequate professional services) shall cease to have effect.
In its place, the following shall be inserted in that Act after section 37—
The provisions set out in Schedule 15 shall be inserted in that Act as Schedule 1A.
Section 47A of that Act (power of Tribunal to impose sanctions for inadequate professional services) shall cease to have effect.
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After section 13A of that Act there shall be inserted the following section—
In section 8 of the Solicitors Act 1974 (removal or restoration of name at solicitor’s request) the following subsections shall be added at the end—
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The following section shall be substituted for section 79 of the Solicitors Act 1974 (committees of the Council)—
Section 57 of the Solicitors Act 1974 (non-contentious business agreements) shall be amended in accordance with subsections (2) to (4).
In subsection (2) (method of payment which may be agreed), after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.
In subsection (4), for the words “Subject to subsection (5)" there shall be substituted “ Subject to subsections (5) and (7)" ”.
After subsection (5) there shall be inserted the following subsections—
In section 59(1) of the Act of 1974 (method of payment which may be agreed in contentious business agreement) after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.
In section 60(1) of the Act of 1974 (which among other things provides for section 69 of that Act not to apply to contentious business agreements), after the word “or" there shall be inserted “ (except in the case of an agreement which provides for the solicitor to be remunerated by reference to an hourly rate)" ”.
In section 61 of the Act of 1974 (enforcement of contentious business agreements), the following subsections shall be inserted after subsection (4)—
After section 43 of the Senior Courts Act 1981 there shall be inserted the following section—
In section 10 of the Arbitration Act 1950 (power of court in certain cases to appoint an arbitrator or umpire), the following shall be substituted for subsection (3)—
Section 10 of the Act of 1950 shall continue to apply in relation to any arbitration agreement entered into before the commencement of this section as if this section had not been enacted.
Subsection (2) does not apply if a contrary intention is expressed in the arbitration agreement, whether or not as the result of a variation made after the commencement of this section.
In this section and sections 105 and 106 “residential property loan” means any loan which—
is secured on land in the United Kingdom; and
is made to an individual in respect of the acquisition of land which is for his residential use or the residential use of a dependant of his.
No person (“the lender") shall provide a residential property loan together with one or more controlled services to another person (“the borrower") unless the conditions mentioned in subsection (3) are complied with before a relevant step is taken with respect to any of those services or the loan.
The conditions are that the lender—
informs the borrower by notice that the residential property loan, and each of the controlled services in question, are separate services;
informs the borrower by notice whether the terms and conditions of the residential property loan will be capable of being varied by the lender after it is made;
provides the borrower with a statement of—
the price which will be payable by the borrower for each of the controlled services if they are all provided in accordance with the terms proposed by the lender; and
the extent to which (if at all) the terms and conditions of the residential property loan would differ if it were to be provided by the lender without the controlled services in question being provided by the lender; and
informs the borrower by notice that, if the borrower declines to take from the lender any of the controlled services in question, the lender will not on that account refuse to provide the residential property loan.
A person who— shall comply with such requirements as to the information to be given, or which may not be given, in any such advertisement or promotion as the Secretary of State may by regulations impose.
in the course of his business provides, or makes arrangements for the provision of, controlled services together with residential property loans; and
advertises or in any other manner promotes—
the provision of any controlled service or any residential property loan; or
the making by him of any such arrangements,
In section 104, this section and section 106 “controlled services” means any services of a description prescribed by order made by the Secretary of State.
The order may, in particular, prescribe any description of—
banking, insurance, investment, trusteeship, executorship or other financial services;
services relating to the acquisition, valuation, surveying or disposal of property;
conveyancing services; or
removal services.
For the purposes of section 104(1), the Secretary of State may by order specify—
the circumstances in which land is to be treated as being for a person’s residential use; and
who are to be treated as a person’s dependants.
Section 104(2) shall not apply in relation to the provision of a controlled service if the lender proves—
that the provision of that service was not connected with the transaction in respect of which the borrower required the residential property loan in question; or
where it was so connected, that the lender did not know, and had no reasonable cause to know, that it was.
For the purposes of section 104, this section and section 106—
where the lender is a member of a group of companies, the lender and all the other members of the group shall be treated as one; and
where the lender derives any financial benefit from the provision of a controlled service by any other person, the lender shall be treated as providing that service.
In subsection (5), “a group of companies” means a holding company and its subsidiaries within the meaning of section 1159 of the Companies Act 2006.
The Secretary of State may by order provide that, in such cases or for such purposes as may be prescribed by the order, paragraph (a) or (b) of subsection (5) shall not have effect.
For the purposes of section 104—
In relation to land in Scotland—
“conveyancing services” has the same meaning as in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and
the reference in section 104(1) to a loan being secured on land shall be read as a reference to its being secured over land by a standard security.
Before making any order or regulations under section 104 or this section the Secretary of State shall consult the FCA and such other persons as he considers appropriate.
If any person contravenes section 104(2) or (4) he shall be guilty of an offence.
Subsection (3) applies where—
a person (“the lender") has, in relation to the proposed provision to any person (“the borrower") of a residential property loan together with one or more controlled services, complied with the conditions mentioned in section 104(3); and
the borrower has declined to take from the lender one or more of the controlled services.
The lender shall be guilty of an offence if he refuses to provide the borrower with the residential property loan or refuses to provide it to him— unless he proves that his reason for so refusing was unconnected with the borrower’s having declined as mentioned in subsection (2)(b).
on the terms applicable if it were provided together with the controlled services; or
where they differ, on terms which are compatible with the statement required by section 104(3)(c)(ii),
Any person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.
Subsection (6) applies where an offence under this section is committed by a body corporate.
If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of— he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
any director, secretary or other similar officer of the body corporate; or
any person who was purporting to act in any such capacity,
The fact that a person has committed an offence under this section in connection with any agreement shall not make the agreement void, or unenforceable (whether as a whole or in part) or otherwise affect its validity or give rise to any cause of action for breach of statutory duty.
Every local weights and measures authority (“an authority") and the FCA shall have the duty of enforcing sections 104 to 106 and any regulations made under them.
Nothing in subsection (1) is to be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.
Where an authority propose to institute proceedings for an offence under section 106 they shall give the FCA notice of the intended proceedings together with a summary of the facts on which the charges are to be founded.
Where an authority are under a duty to give such a notice and summary they shall not institute the proceedings until—
the end of the period of 28 days beginning with the date on which they gave the required notice and summary; or
if earlier, the date on which the FCA notifies them of receipt of the notice and summary.
Every authority shall, whenever the FCA requires, report to it in such form and with such particulars as it requires on the exercise of their functions under this section.
A duly authorised officer of the FCA or of an authority (“an authorised officer") who has reasonable cause to suspect that an offence may have been committed under section 106 may, at any reasonable time—
enter any premises which are not used solely as a dwelling;
require any officer, agent or other competent person on the premises who is, or may be, in possession of information relevant to an investigation in connection with the provision made by section 104 or 105 to provide such information;
require the production of any document which may be relevant to such an investigation;
take copies, or extracts, of any such documents;
seize and retain any document which he has reason to believe may be required as evidence in proceedings for an offence under section 106.
Any authorised officer exercising any power given by subsection (6) shall, if asked to do so, produce evidence that he is such an officer.
A justice of the peace may issue a warrant under this section if satisfied, on information on oath given by an authorised officer, that there is reasonable cause to believe that an offence may have been committed under section 106 and that—
entry to the premises concerned, or production of any documents which may be relevant to an investigation in connection with the provision made by section 104 or 105, has been or is likely to be refused to the authorised officer; or
there is reasonable cause to believe that, if production of any such document were to be required by the authorised officer without a warrant having been issued under this section, the document would not be produced but would be removed from the premises or hidden, tampered with or destroyed.
In the application of this section to Scotland, “justice of the peace” includes a sheriff and “information on oath” shall be read as “evidence on oath”.
A warrant issued under this section shall authorise the authorised officer (accompanied, where he considers it appropriate, by a constable or any other person)—
to enter the premises specified in the information, using such force as is reasonably necessary; and
to exercise any of the powers given to the authorised officer by subsection (6).
If a person— he shall be guilty of an offence.
intentionally obstructs an authorised officer in the exercise of any power under this section;
intentionally fails to comply with any requirement properly imposed on him by an authorised officer in the exercise of any such power;
fails, without reasonable excuse, to give to an authorised officer any assistance or information which he may reasonably require of him for the purpose of exercising any such power; or
in giving to an authorised officer any information which he has been required to give to an authorised officer exercising any such power, makes any statement which he knows to be false or misleading in a material particular,
A person guilty of an offence under subsection (11)(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person guilty of an offence under subsection (11)(d) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Nothing in this section shall be taken to require any person to answer any question put to him by an authorised officer, or to give any information to an authorised officer, if to do so might incriminate him.
In this section “document” includes information recorded in any form.
In relation to information recorded otherwise than in legible form, references in this section to its production include references to producing a copy of the information in legible form.
The functions of the FCA under this section are to be treated for the purposes of the Financial Services and Markets Act 2000 as functions conferred on the FCA by or under that Act.
The Justices of the Peace Act 1979 shall be amended as follows.
For section 44 (acts done within jurisdiction) there shall be substituted the following section—
For section 45 (acts beyond jurisdiction) there shall be substituted the following section—
In section 15 (acting stipendiary magistrate) after subsection (2) there shall be inserted the following subsection—
In section 34 (acting metropolitan stipendiary magistrate) after subsection (2) there shall be inserted the following subsection—
The following sections shall cease to have effect—
46 (warrant granted on conviction or order made by another justice);
47 (exercise of discretionary powers);
48 (compliance with, or confirmation on appeal to, superior court);
49 (distress warrant for rates);
51 (no action in county court if defendant justice objects);
52 (limitation of damages against justice); and
54 (provisions as to prerogative proceedings and membership of Crown Court).
The Magistrates’ Courts (Northern Ireland) Order 1981 shall be amended as follows.
For Articles 5 and 6 (general immunity of resident magistrates etc.) there shall be substituted the following Articles—
After Article 145 there shall be inserted the following Article—
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in Article 7, the words from “another” to “or by”, and the words “magistrate, justice or”; and
in Article 8, paragraph (1), and in paragraph (2) the words “resident magistrate or justice of the peace or” and the words “magistrate, justice or”.
In section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation), the following subsection shall be added at the end—
In Schedule 3 to that Act (matters not subject to investigation), the following paragraph shall be inserted after paragraph 6—
The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—
The following section shall be inserted in the Magistrates’ Courts Act 1980 after section 145 (which contains supplementary provisions about rules of court)—
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In this section—
Section 1(1) of the Commissioners for Oaths Act 1889 (appointment of commissioners by Lord Chancellor) shall cease to have effect.
Subject to the provisions of this section, every authorised person shall have the powers conferred on a commissioner for oaths by the Commissioners for Oaths Acts 1889 and 1891 and section 24 of the Stamp Duties Management Act 1891; and any reference to such a commissioner in an enactment or instrument (including an enactment passed or instrument made after the commencement of this Act) shall include a reference to an authorised person unless the context otherwise requires.
Subject to the provisions of this section, every general notary shall have the powers conferred on a commissioner for oaths by the Commissioners for Oaths Acts 1889 and 1891; and any reference to such a commissioner in an enactment or instrument (including an enactment passed or instrument made after the commencement of this Act) shall include a reference to a general notary unless the context otherwise requires.
No person shall exercise the powers conferred by this section in any proceedings in which he is interested.
A person exercising such powers and before whom any oath or affidavit is taken or made shall state in the jurat or attestation at which place and on what date the oath or affidavit is taken or made.
A document containing such a statement and purporting to be sealed or signed by an authorised person or general notary shall be admitted in evidence without proof of the seal or signature, and without proof that he is an authorised person or general notary.
The Lord Chancellor may, with the concurrence of the Lord Chief Justice and the Master of the Rolls, by order prescribe the fees to be charged by authorised persons exercising the powers of commissioners for oaths by virtue of this section in respect of the administration of an oath or the taking of an affidavit.
In this section “affidavit” has the same meaning as in the Commissioners for Oaths Act 1889.
Every— shall have the right to use the title “Commissioner for Oaths”.
solicitor who holds a practising certificate which is in force;
authorised person;
general notary; and
member of the Incorporated Company of Scriveners (“the Company”) who has been admitted to practise as a public notary within the jurisdiction of the Company,
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A report of a case made by a person who is not a barrister but who is a solicitor or has a Senior Courts qualification (within the meaning of section 71) shall have the same authority as if it had been made by a barrister.
The provisions of Part I of Schedule 16 shall have effect for the purpose of making amendments to the or to provisions of other enactments amended by that Act.
Part II of Schedule 16 shall have effect for the purpose of making further provision consequential on the Act of 1989.
The general rule making power of any authority having power to make rules of court for Northern Ireland shall include power to make any provision which may be made under section 93 of the Act of 1989 (rules of court) subject to the modifications that in subsection (2)—
paragraphs (e) and (i) shall be omitted; and
in paragraphs (f) and (g) the references to England and Wales shall be read as references to Northern Ireland.
The Judicial Pensions Act 1981 shall have effect subject to the following amendments (which reflect the transfer of functions from the Minister of the Civil Service to the Treasury effected by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981).
In section 10(1), and paragraph 23(2) of Schedule 1, for the words “the Minister for the Civil Service" there shall be substituted “ the Treasury ”.
In section 29, for the words “the Minister for the Civil Service or any other Minister" there shall be substituted “ the Treasury or any Minister of the Crown ”.
In the following provisions— for the words “the Minister", wherever they occur, there shall be substituted “ the Treasury ”.
sections 3(4), 5(6), 7(5), 8(1), 11(a) and (b), 12(5), 13(4)(b), 15, 18(2), 20(4), 21(5), 22(1), 23(4), 25(1)(a) and 32(2);
paragraphs 4(1)(b)(ii), 8, 10(2), 14(2), 15(2),(5) and (7), 17, 20(1) and (2) and 22 of Schedule 1; and
paragraph 2(2) of Schedule 2,
In section 21(4), for the words “the Minister may, if he" there shall be substituted “ the Treasury may, if it ”.
In section 22(4)—
for the “Minister", where it first occurs, there shall be substituted “ Treasury ”; and
for the words from “if the Minister" to “he thinks fit" there shall be substituted “ if the Treasury does specially so direct, it may, if it thinks fit ”.
In Schedule 1—
in paragraph 8(2), for the words “to him" there shall be substituted “ to it ”;
in paragraph 15(7), for the words “he is satisfied" there shall be substituted “ it is satisfied ”;
in paragraph 17(1), for the words “he shall" there shall be substituted “ it shall ”; and
in paragraph 21, for the word “Minister", where it first occurs, there shall be substituted “ Treasury ” and for the words “he thinks" there shall be substituted “ it thinks ”.
In section 33, the definition of “the Minister" shall be omitted.
In this Act—
“the Society” means the Law Society; and
For the purposes of the definition of “conveyancing services” in subsection (1)—
In this Act any reference to conduct rules includes a reference to practice rules (within the meaning of the Legal Services Act 2007 (see section 21 of that Act))..
Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.
Any such regulations or order may make different provision for different cases or classes of case.
Any such regulations or order may contain such incidental, supplemental or transitional provisions or savings as the person making the regulations or order considers expedient.
No instrument shall be made under section ..., ..., ..., 58(4), (4A) or (4B), 58AA(4) 60, 89(5) or (7), 125(4) ... or paragraph 9(c) of Schedule 14 unless a draft of the instrument has been approved by both Houses of Parliament.
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Any other statutory instrument made under this Act other than one under section 124(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any expenses incurred by the Lord Chancellor under this Act shall be payable out of money provided by Parliament.
An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement— shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament) but shall be subject to annulment in pursuance of a resolution of either House of Parliament.
that it amends the law in Northern Ireland with respect to —
the pensions of county court judges and resident magistrates, and
pensions in relation to which provisions of the Judicial Pensions Act (Northern Ireland) 1951 apply; and
that it is made only for purposes corresponding to those of—
sections 79 to 83 and Schedules 12 and 13 and such other provisions of this Act as are consequential on those sections and those Schedules;
section 118,
The following provisions of this Act extend to Scotland—
section 65;
section 71(2), so far as necessary;
sections 79 to 83;
sections 104 to 107;
section 116, this section and sections 124 and 125, so far as necessary;
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paragraph 8 of Schedule 3;
paragraph 11 of Schedule 5;
Schedule 10, so far as it amends any enactment extending to Scotland;
paragraphs 5, 34 to 36, 39, 41 and 42 of Schedule 16;
paragraph 1 of Schedule 17; and
Schedule 20, so far as it repeals any enactment extending to Scotland.
The following provisions of this Act extend to Northern Ireland—
section 8;
section 71(2), so far as necessary;
sections 79(1) and 80 to 84;
sections 109, 110, 116, 118, 121, 122, this section and sections 124 and 125 so far as necessary;
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paragraph 8 of Schedule 3;
paragraph 11 of Schedule 5;
Schedule 10, so far as it amends any enactment extending to Northern Ireland;
Schedule 13;
paragraphs 5, 25, 33, 35, 39 and 41 of Schedule 16;
Schedules 17, 18 and 19, so far as they amend or relate to any enactment extending to Northern Ireland;
Schedule 20 so far as it repeals any such enactment.
The following provisions come into force on the passing of this Act—
sections 1, 5, 119 to 123, this section and section 125(1); and
paragraphs 2 and 3 of Schedule 17.
The following provisions come into force at the end of the period of two months beginning on the day on which this Act is passed—
sections 6, 8, 11, 16, 64, 65, 72, 73, 85, 87 and 88, 90 to 92, 94 to 97, 98 and 108 to 110;
paragraphs 1, 11, 12, 16 and 20 of Schedule 17;
paragraphs 7, 8, 14 to 16, 55 and 57 of Schedule 18; and
paragraph 1 of Schedule 19.
The other provisions of this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or by the Secretary of State or by both, acting jointly.
Different dates may be appointed for different provisions of this Act and for different purposes.
This Act may be cited as the Courts and Legal Services Act 1990.
The minor amendments set out in Schedule 17 shall have effect.
The consequential amendments set out in Schedule 18 shall have effect.
The Lord Chancellor may by order make such amendments or repeals in relevant enactments as appear to him to be necessary or expedient in consequence of any provision made by Part II with respect to advocacy, litigation, conveyancing or probate services.
In subsection (4)—
“relevant enactments” means such enactments or instruments passed or made before or in the same Session as the Legal Services Act 2007 was passed as may be specified in the order, and
the reference to Part 2 is a reference to that Part as amended by that Act or any enactment or instruments passed or made before or in the same Session as that Act was passed.
The transitional provisions and savings set out in Schedule 19 shall have effect.
The repeals set out in Schedule 20 (which include repeals of certain enactments that are spent or of no further practical utility) shall have effect.