SCHEDULES
F1SCHEDULE 1
Appointment of members
I941
1
Every member of the Advisory Committee—
a
shall be appointed for such term, not exceeding five years, as the Lord Chancellor may specify; and
b
shall hold and vacate office in accordance with the terms of his appointment.
2
Any person who ceases to be a member of the Advisory Committee shall be eligible for re-appointment.
3
A member of the Advisory Committee may at any time resign his office by giving notice in writing to the Lord Chancellor.
4
The Lord Chancellor may remove a member of the Advisory Committee if satisfied—
a
that he has been absent from meetings of the Advisory Committee for a period of more than six consecutive months without the permission of the Advisory Committee;
b
that a bankruptcy order has been made against him or that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
c
that he is otherwise unable or unfit to discharge the functions of a member of the Advisory Committee.
Proceedings of the Advisory Committee
I952
The Advisory Committee may regulate its own procedure.
Delegation of powers
I963
1
Anything authorised or required by or under any enactment to be done by the Advisory Committee may be done—
a
by any member of the Advisory Committee, or of its staff, who has been authorised for the purpose, whether generally or specifically, by the Advisory Committee; or
b
by any committee or sub-committee of the Advisory Committee which has been so authorised.
2
Any committee or sub-committee of the Advisory Committee—
a
may include, as non-voting members, persons who are not members of the Advisory Committee but who are co-opted by the Advisory Committee;
b
shall be chaired by the Chairman of the Advisory Committee or by another member of the Advisory Committee nominated by him.
3
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.
Vacancies and defective appointments
I974
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.
Application of seal and proof of instruments
I985
The application of the seal of the Advisory Committee shall be authenticated by the signature of—
a
the Chairman or any other member of the Advisory Committee; and
b
a member of the Advisory Committee’s staff who has been authorised by the Advisory Committee for the purpose, whether generally or specifically.
Documents served etc. by the Advisory Committee
I996
1
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.
2
Every document purporting to be an instrument made or issued by or on behalf of the Advisory Committee and—
a
to be duly executed under the seal of the Advisory Committee; or
b
to be signed or executed by a person authorised by the Advisory Committee for the purpose,
shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.
Remuneration and pensions etc.
I1007
1
The Advisory Committee shall pay—
a
to its members; and
b
to other persons who are co-opted to serve as members of any of its committees or sub-committees,
such remuneration, and such travelling and other allowances, as may be determined by the Lord Chancellor.
2
The Advisory Committee shall, if so required by the Lord Chancellor—
a
pay such pension, allowances or gratuities to or in respect of a person who has been, or is, a member of the Advisory Committee; or
b
make such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,
as may be determined by the Lord Chancellor.
3
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.
4
The approval of the Treasury shall be required for the making of a determination under this paragraph.
Staff
I1018
1
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.
2
The Advisory Committee, with the approval of the Lord Chancellor, may—
a
pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of its staff as it may determine;
b
make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons;
c
provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons;
d
make such other arrangements for the provision of pensions, allowances or gratuities to or in respect of any such persons as it may so determine.
3
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.
4
If any person—
a
on ceasing to be a member of the Advisory Committee’s staff becomes a member of the Advisory Committee; and
b
was by reference to his being a member of the Advisory Committee’s staff a participant in any pension scheme maintained by or on behalf of the Advisory Committee for the benefit of any of its staff,
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.
5
The consent of the Treasury shall be required for the giving of any approval under this paragraph.
Accounts and audit
I1029
1
The Advisory Committee shall keep accounts and shall prepare a statement of accounts (the “statement") in respect of each financial year.
2
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.
3
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.
4
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.
F2205
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.
7
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.
8
The Lord Chancellor shall send a copy of the statement and of the report to the Comptroller and Auditor General.
9
The Lord Chancellor and the Comptroller and Auditor General may inspect the Advisory Committee’s accounts and any records relating to them.
10
The Lord Chancellor shall lay before each House of Parliament a copy of every statement and report sent to him under this paragraph.
11
In this paragraph “financial year” means—
a
the period beginning with the day on which the Advisory Committee is established and ending with the following 31st March; and
b
each subsequent period of twelve months ending with 31st March.
Grants to the Advisory Committee
I10310
1
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.
2
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.
Annual report of Advisory Committee
I10411
1
The Advisory Committee shall submit to the Lord Chancellor an annual report on the discharge of its functions.
2
The Lord Chancellor shall lay the Advisory Committee’s annual report before each House of Parliament.
Immunity for advice and reports
I10512
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.
Parliamentary disqualification etc.
I10613
1
In Part II of Schedule 1 to the M22House 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
”
.
2
The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the M23Northern Ireland Assembly Disqualification Act 1975.
F2SCHEDULE 2
Sch. 2 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/3344, art. 2(d), Sch. 1 para. 4
Education and training: general
I1071
1
The Advisory Committee shall—
a
keep under review the education and training of those who offer to provide legal services;
b
consider the need for continuing education and training for such persons and the form it should take; and
c
consider the steps which professional and other bodies should take to ensure that their members benefit from such continuing education and training.
2
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.
3
The Advisory Committee’s duties under this paragraph shall extend to all stages of legal education and training.
Training in advocacy
I1082
The Advisory Committee shall—
a
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
b
consider the extent to which further training for persons exercising such rights is necessary.
Training in the conduct of litigation
I1093
The Advisory Committee shall—
a
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
b
consider the extent to which further training for persons exercising such rights is necessary.
Practical training in other areas
I1104
The Advisory Committee may consider what form of practical training is necessary in other areas concerned with the provision of legal services.
General advisory functions
I1115
1
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.
2
Any such recommendation may be made—
a
by being included in the Advisory Committee’s annual report;
b
by being addressed to any professional body or group of professional bodies; or
c
in such other manner as it thinks fit.
3
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.
4
Any body—
a
to which a recommendation under this paragraph is addressed; or
b
which is given advice by the Advisory Committee under sub-paragraph (3),
shall have regard to it to the extent that it applies in relation to matters connected with advocacy or the conduct of litigation.
Specialisation schemes
I1126
1
It shall be the duty of the Advisory Committee—
a
to consider whether specialisation schemes should be established by any representative body in any particular area of legal services; and
b
to keep under review specialisation schemes maintained by representative bodies.
2
In this paragraph—
“representative body” means a professional or other body which represents persons (whether or not barristers or solicitors) who offer to provide legal services; and
“a specialisation scheme”, in relation to any representative body, means a scheme for recognising those members of the body who—
a
have undergone training relevant to the area of legal services to which the scheme relates;
b
have acquired expertise in that area; and
c
specialise in providing legal services in that area.
3
Where the Advisory Committee considers that any specialisation scheme should be established it shall make the appropriate recommendation to the representative body concerned.
4
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.
5
The Advisory Committee shall consider any proposed specialisation scheme which is referred to it by the representative body which proposes to establish it.
6
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.
7
In considering any such proposed scheme, the Advisory Committee shall have regard, in particular, to—
a
the basis on which, and method by which, members of the representative body are chosen to participate in the scheme;
b
the education, training and experience which are required in order for any person to provide the legal services in question at a satisfactory standard;
c
whether that body is likely to be able to ensure that those requirements will be complied with in relation to members of the scheme; and
d
whether that body is likely to be able to maintain and enforce satisfactory standards of conduct on the part of those who are members of the scheme.
Persons with special needs
I1137
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.
F308 SCHEDULE 3 The Legal Services Ombudsman
Sch. 3 repealed (31.12.2011) by Legal Services Act 2007 (c. 29), ss. 159(2)(b), 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2010/2089, art. 4(a)(b)(v)
F308 Provision for discharge of functions
F3081
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Delegation of functions
F3082
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Remuneration
F3083
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Staff
F3084
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Annual and other reports
F3085
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Accounts and audit
F3086
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Financial provisions
F3087
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Parliamentary disqualification et ceteralaetc.
F3088
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308 Acting Ombudsman
F3089
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3F3SCHEDULE 4
Sch. 4 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(nn) (subject to art. 6)
Part I Authorisation of Bodies
Part II Approval Required by Section 29
Part III Revocation of Designation of Authorised Body
C11F221Part I Designation of bodies and approval of regulations and rules
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
Sch. 4 Pt. I extended (27.9.1999) by 1999 c.22, ss. 105, 108(3), Sch. 14 Pt. III para. 17(1) (with Sch. 14 para. 7(2))
C12F222Part II Approval in cases of altered regulations, rules or rights
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
Sch. 4 Pt. II extended (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. III para. 17(2) (with Sch. 14 para. 7(2))
F223Part III Alteration of regulations and rules by order
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F224Notice to authorised body
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F22517
1
If the F226Secretary of State considers—
a
that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or
b
that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,
he may give written notice to the body.
2
Before giving notice to an authorised body under sub-paragraph (1) the F226Secretary of State shall inform each of the designated judges that he intends to do so.
F227Representations by authorised body
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F22818
1
The notice shall invite the authorised body to make representations in writing to the F230Secretary of State.
2
Any such representations must be made before the end of—
a
the period of three months beginning with the date on which the notice was given; or
b
such other period as the authorised body and the F230Secretary of State may agree.
3
When that period has expired the F230Secretary 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.
4
If the F230Secretary of State proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of—
a
the alterations which he proposes to make; and
b
any representations made under sub-paragraph (2),
to the Consultative Panel, the F229OFT and each of the designated judges.
F231Advice of Consultative Panel
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F23219
1
The Consultative Panel shall consider whether the alterations should be made.
2
The F233Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.
3
When the Consultative Panel has completed its consideration it shall give such advice to the F233Secretary of State as it thinks fit.
4
The Consultative Panel shall publish any advice given by it under this paragraph.
F234Advice of F235Office of Fair Trading
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
Words in the cross-heading before Sch. 4 para. 20 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)
F23620
1
The F237OFT shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.
2
3
4
5
The F237OFTshall, 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 F241its opinion, seriously and prejudicially affect the interests of that person.
6
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.
F243Further representations by authorised body
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F24421
1
2
F247Advice of designated judges
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F24822
1
The F250Secretary of State shall send to each of the designated judges a copy of—
a
the advice of the Consultative Panel and the F249OFT; and
b
any representations made under paragraph 21(2).
2
Each of the designated judges shall then consider whether the alterations should be made.
3
The F250Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.
4
When each of the designated judges has completed his consideration he shall give such advice to the F250Secretary of State as he thinks fit.
F251Decision by F255Secretary of State
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F25223
1
After considering—
a
the advice given by the Consultative Panel and any representations made about it;
b
the advice given by the F253OFT and any representations made about it; and
c
the advice given by each of the designated judges under paragraph 22,
the F254Secretary of State shall decide whether to make the alterations.
2
When the F254Secretary of State has made his decision he shall notify the authorised body of it.
3
If the F254Secretary of State has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.
F256Order effecting alterations
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F25724
If the F258Secretary of State has decided to make the alterations he may make an order giving effect to the alterations.
F259Part IV Revocation of designation
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F260Order in Council
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F26125
1
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 F262Secretary of State may recommend to Her Majesty that an Order in Council be made revoking that designation.
2
A recommendation may be made under sub-paragraph (1) only if—
a
the authorised body has made a written request to the F262Secretary of State asking for it to be made;
b
the authorised body has agreed in writing to its being made; or
c
the F262Secretary of State is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed.
F263 Requirement to seek advice
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F26426
F267 Advice of Consultative Panel
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F26827
1
The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate.
2
The F269Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.
3
When the Consultative Panel has completed its investigations it shall—
a
advise the F269Secretary of State as to whether or not there appear to be grounds for making the recommendation; and
b
if its advice is that there appear to be such grounds, advise the F269Secretary of State as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it.
4
The Consultative Panel shall publish any advice given by it under this paragraph.
F270Advice of F271Office of Fair Trading
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
Words in the cross-heading before Sch. 4 para. 28 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 23(10)(e); S.I. 2003/766, art. 2, Sch. (with art. 3)
F27228
1
The F273OFT shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition.
2
3
4
5
The F273OFTshall, 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 F277its opinion, seriously and prejudicially affect the interests of that person.
6
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.
F279Notice to authorised body
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F28029
1
When the F282Secretary of State has received the advice of the Consultative Panel and the F281OFT, he may give to the body a notice containing—
a
a copy of the advice; and
b
a statement of the effect of an Order made in pursuance of the recommendation.
2
The notice shall invite the authorised body to make representations in writing to the F282Secretary of State.
3
Any such representations must be made before the end of—
a
the period of three months beginning with the date on which the notice was given; or
b
such other period as the authorised body and the F282Secretary of State may agree.
F283Notice to members of authorised body
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F28430
1
Where the F285Secretary of State—
a
has given a notice to an authorised body under paragraph 29(1); or
b
is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b),
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.
2
Any such steps shall include inviting those members and other persons to make representations to the F285Secretary of State.
3
Any such representations—
a
shall, except in such circumstances as the F285Secretary of State may specify, be in writing; and
b
must be made before the end of the period of three months beginning with such date as may be specified by the F285Secretary of State.
F286Advice of designated judges
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F28731
1
The F289Secretary of State shall send to each of the designated judges—
a
a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and
2
Each of the designated judges shall then consider whether the F289Secretary of State should make the recommendation.
3
The F289Secretary of State and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.
4
When each of the designated judges has completed his consideration he shall give such advice to the F289Secretary of State as he thinks fit.
F290Consideration by F294Secretary of State
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
Words in Schs. 3-6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F29132
Before deciding whether to make the recommendation the F293Secretary of State shall consider—
a
any representations made under paragraph 30 and the advice given by each of the designated judges; and
F295The Order
Sch. 4 substituted (1.1.2000) by 1999 c. 22, s. 41, Sch. 5 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (subject to art. 4, Sch. 2 of that S.I.)
F29633
1
An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision.
2
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.
3
Where such an Order is made, the F297Secretary of State shall—
a
give the body written notice of the making of the Order and of his reasons for recommending that it be made;
b
take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and
c
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.
F4F4SCHEDULE 5
Sch. 5 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(d)(f)(vi)(bb)
Appointment of members
I1141
1
Every member of the Board—
a
shall be appointed for such term, not exceeding three years, as the F298Secretary of State may specify; and
b
shall hold and vacate office in accordance with the terms of his appointment.
2
Any person who ceases to be a member of the Board shall be eligible for re-appointment.
3
A member of the Board may at any time resign his office by giving notice in writing to the F298Secretary of State .
4
The F298Secretary of State may remove a member of the Board if satisfied—
a
that he has failed to carry out his duties;
b
that a bankruptcy order has been made against him or that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
c
that he is otherwise unable or unfit to discharge the functions of a member of the Board.
Proceedings of the Board
I1152
The Board may regulate its own procedure.
Delegation of powers
I1163
Anything authorised or required by or under any enactment to be done by the Board, other than the making of rules, may be done—
a
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
b
by any committee or sub-committee of the Board which has been so authorised.
Vacancies and defective appointments
I1174
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.
Application of seal and proof of instruments
I1185
The application of the seal of the Board shall be authenticated by the signature of—
a
the Chairman or any other member of the Board; and
b
a member of the Board’s staff who has been authorised by the Board for the purpose, whether generally or specifically.
Documents served etc. by the Board
I1196
1
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.
2
Every document purporting to be an instrument made or issued by or on behalf of the Board and—
a
to be duly executed under the seal of the Board; or
b
to be signed or executed by a person authorised by the Board for the purpose,
shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.
Remuneration
I1207
1
The Board shall pay to its members such remuneration, and such travelling and other allowances, as it may determine.
2
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.
Staff
I1218
1
The Board may appoint such staff, and shall pay them such remuneration, as it may determine.
2
The Board may, as regards any of its staff—
a
pay to or in respect of them such pensions, allowances or gratuities, as it may determine; or
b
provide and maintain for them such schemes (whether or not contributory) for the payment to or in respect of them of such pensions, allowances or gratuities, as it may determine.
3
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.
Accounts
I1229
1
The Board shall keep proper accounts of all sums received and paid by it and proper records in relation to those accounts.
2
The Board shall appoint auditors and cause its accounts to be audited annually by the auditors.
3
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 F300Secretary of State together with a copy of any report of the auditors on the accounts.
F2994
No person shall be appointed as an auditor under this paragraph unless he is eligible for appointment as a F301statutory auditor under Part 42 of the Companies Act 2006 or is a member of the Chartered Institute of Public Finance and Accountancy.
Annual report of Board
I12310
1
The Board shall submit to the F302Secretary of State an annual report on the discharge of its functions.
2
The F302Secretary of State shall lay the Board’s annual report before Parliament.
Parliamentary disqualification etc.
I12411
1
In Part II of Schedule 1 to the M24House 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
”
.
2
The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the M25Northern Ireland Assembly Disqualification Act 1975.
F5F5SCHEDULE 6
Sch. 6 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(d)(f)(vi)(bb)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6F6SCHEDULE 7
Sch. 7 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(d)(f)(vi)(bb)
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 8 Licensed Conveyancers F320and Licensed CLC Practitioners
Words in Sch. 8 heading inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(2); S.I. 2015/1402, art. 2(b)
Part I Additional Powers of Council for Licensed Conveyancers In Connection with Sections 27, 28, and 53
General
I11
In this Schedule—
“the M1Act of 1985” means the Administration of Justice Act 1985;
F321“advocacy licence”, “litigation licence” and “probate licence” have the meaning given by section 53;
“the Council” means the Council for Licensed Conveyancers;
“the Discipline and Appeals Committee” means the committee established under section 25 of the Act of 1985;
F322...
F323...
“relevant licence” means a licence under Part II of the Act of 1985 or an advocacy, litigation or probate licence.
F7“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).
Qualification regulations and rules of conduct
I22
1
2
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).
Applications for licences
I33
1
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.
2
Any such rules—
a
may prescribe the forms to be used in connection with applications for any such licence; and
b
may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules.
3
Rules made under section 14 of the Act of 1985 and this paragraph may make provision with respect to applications for composite licences.
Issue of licences
I44
1
If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that—
a
the applicant has complied with such qualification regulations, F10conduct rules or other requirements as are applicable in his case in relation to the licence applied for;
b
that he has made adequate arrangements for the purpose of complying with any provisions which are applicable in his case in relation to the licence applied for; and
c
that he is a fit and proper person to F11carry on the reserved legal activities in question,
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.
2
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.
3
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, F324with respect to—
a
any application under paragraph 3 for an advocacy licence and any advocacy licence in force under section 53;
b
any application under paragraph 3 for a litigation licence and any litigation licence in force under section 53; and
c
any application under paragraph 3 for a probate licence and any probate licence in force under section 53 (as the case may be),
as they apply with respect to any application under section 14 of that Act and any licence under Part II of that Act.
Conditional licences
I55
1
This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence—
a
for the first time;
F325b
when conditions under this paragraph have been imposed on an advocacy, litigation or probate licence previously issued to him;
ba
when conditions under section 16 of the Act of 1985 have been imposed on a licence under Part 2 of the Act of 1985 previously issued to him;
c
when, on the first day of the period to which the licence applied for would (if granted) relate, a period of twelve months or more will have elapsed since he held F332an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985 ;
F12d
after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 F326(including section 24A(1) as applied by section 53) or the Discipline and Appeals Committee have made any order in his case under section 26(1) of that Act F327(including section 26(1) as applied by section 53) .
2
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.
3
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.
4
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.
5
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.
6
Without prejudice to the generality of sub-paragraph (4), conditions may be imposed under that sub-paragraph—
a
b
F331in the case of an applicant who is a licensed conveyancer, for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed conveyancer who F14carries on the additional activities authorised by that licenceF329; or
c
for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed CLC practitioner,
and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) F330or (c) or otherwise) as they may be under Part II of the Act of 1985.
7
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.
F158
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.
Register of licensed conveyancers
I66
1
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.
2
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.
3
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.
F318Register of licensed CLC practitioners
Sch. 8 para. 6A and cross-heading inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(6); S.I. 2015/1402, art. 2(b)
6A
1
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.
2
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.
3
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.
4
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.
5
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.
6
A certificate signed by an officer of the Council appointed for the purpose and stating—
a
that any person does or does not, or did or did not at any time, hold an advocacy, litigation or probate licence, or
b
that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions,
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.
Code of conduct
7
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F319Effect of suspension or revocation
Sch. 8 para. 8 and cross-heading substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(7); S.I. 2015/1402, art. 2(b)
8
Where a relevant licence ceases to be in force because of—
a
a direction under section 24(5) of the Act of 1985, or
b
an order under section 26(2)(a) or (c) of the Act of 1985,
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.
Removal of disqualification from holding a licence
F3339
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation on grounds of error or fraud
F33410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recognised bodies
11
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART II Amendments of Provisions Relating to Powers of Council Etc.
Delegation of powers etc.
I712
1
F18The 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—
a
by a committee of the Council; or
F19b
by a sub-committee of such a committee; or
c
by an individual (whether or not a member of the Council's staff).
F201A
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—
a
a sub-committee of that committee; or
b
an individual, whether or not a member of the Council's staff.
1B
Sub-paragraph (1A) is subject to any contrary direction given by the Council.
1C
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).
1D
For this purpose “the delegating body” means—
a
in the case of arrangements under sub-paragraph (1), the Council, and
b
in the case of arrangements under sub-paragraph (1A), the committee.
2
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.
F213
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.
4
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.
5
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.
F226
A committee or sub-committee established under this paragraph may include or consist of individuals other than—
a
members of the Council;
b
licensed conveyancers.
7
A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee.
7A
The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.
7B
A committee or sub-committee may regulate its own procedure, including quorum.
8
The validity of any proceedings of such a committee shall not be affected by any casual vacancy among its members.
9
Any rules made under this paragraph—
a
may make such incidental and supplemental provision as the Council considers appropriate; and
b
may make different provision for different circumstances.
F2310
This paragraph is subject to any provision to the contrary made by or under any enactment.
Council’s intervention powers
13
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inadequate professional services
14
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inadequate professional services: steps that may be taken
15
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inadequate professional services: compensation
16
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inadequate professional services: failure to comply with direction
17
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inadequate professional services: fees
18
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inadequate professional services: costs
19
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty of Discipline and Appeals Committee
20
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to examine files
I821
1
Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it—
a
alleging professional misconduct by a licensed conveyancer F336or licensed CLC practitioner ; or
b
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Council may give notice to F335the 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 F335the 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).
2
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.
Interest on clients’ money
I922
Where a licensed conveyancer F337or licensed CLC practitioner —
a
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
b
fails to do so as soon as is reasonably practicable,
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.
Full and limited licences
F3323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases in which conditions may be attached to licences
I1024
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)—
i
after having been committed to prison in civil proceedings;
ia
after having been convicted of an offence involving dishonesty or deception or a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984); or
F34F34SCHEDULE 9
Sch. 9 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(f), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(pp) (subject to art. 6, with art. 9)
Advice from the Advisory Committee
1
1
2
Advice from the President of the Family Division
2
1
2
It shall be the duty of the President to consider the application, in the light of that advice, and to give to the F199Secretary of State such advice as he considers appropriate.
3
If the President asks the Committee to give him advice with respect to the application, it shall be the duty of the F201Consultative Panel to do so.
Information to be supplied by applicant
3
Approval by F206Secretary of State
Words in Sch. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
4
Having considered the advice given to him by the F204Consultative Panel and by the President, the F205Secretary of State may by order approve the application if, but only if, he is satisfied that the applicant has in force suitable arrangements—
a
for training; and
b
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).
Refusal to approve
5
1
If the F207Secretary of State proposes to refuse the application he shall give the applicant written notice of his proposal.
2
The notice shall—
a
give the F208Secretary of State's reasons for proposing to refuse the application; and
b
inform the applicant of the effect of sub-paragraph (3).
3
Where such a notice is served, it shall be the duty of the F207Secretary of State , before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.
4
For the purposes of sub-paragraph (3), representations are duly made if—
a
they are made to the F207Secretary of State before the end of the period of 28 days beginning with the day on which the notice is served; and
b
unless the F207Secretary of State directs in a particular case, they are in writing.
5
If the F207Secretary of State refuses the application he shall give notice to the applicant in writing.
6
Any notice given under sub-paragraph (5) must give the F208Secretary of State's reasons for refusing the application.
Revocation of approval
6
1
The revocation of any approval given under this Schedule shall be by order (“a revoking order”) made by the F209Secretary of State.
2
A revoking order may only be made if—
a
the approved body has made a written request to the F209Secretary of State asking for it to be made;
b
the approved body has agreed in writing to its being made; or
c
the F209Secretary of State 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 approved body, its application would have failed.
3
A revoking order may make such transitional and incidental provision as the F209Secretary of State considers necessary or expedient.
4
Where a revoking order is made—
a
the exemption 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; and
b
the F209Secretary of State shall—
i
give the body with respect to whom the order is made written notice of the making of the order;
ii
take such steps as are reasonably practicable to bring the making of the order to the attention of members of that body; and
iii
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.
Role of the Advisory Committee
7
1
Where the F210Secretary of State is considering whether to make a revoking order by virtue of paragraph 6(2)(c)—
a
he shall seek the advice of the F211Consultative Panel; and
b
the F211Consultative Panel shall carry out such investigations with respect to the approved body as it considers appropriate.
2
Where—
a
b
the F211Consultative Panel has reason to believe that there may be grounds for recommending that a revoking order be made under paragraph 6(2)(c) with respect to an approved body,
it may carry out such investigations with respect to the approved body as it considers appropriate.
3
Duty to comply with requests for information
8
1
Where the F212Consultative 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.
2
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.
3
Where an approved body fails, without reasonable excuse, to comply with a request made to it by the F213Consultative Panel under sub-paragraph (1), paragraph 6(2)(c) shall be taken to have been satisfied in relation to that body.
Notice to approved body
9
1
2
Any such notice shall invite the approved body to make representations in writing to the F215Secretary of State or such person as he may appoint for the purpose.
3
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.
Notice to members of approved body
10
1
Where—
a
the F216Secretary of State has given notice to an approved body under paragraph 9(1); or
b
is proposing to make a revoking order with respect to an approved body, by virtue of paragraph 6(2)(a) or (b),
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.
2
Any such steps shall include inviting those members and other persons to make representations to the F216Secretary of State or (as the case may be) to the person appointed by him for the purpose.
3
Any such representations—
a
shall, except in such circumstances as the F216Secretary of State may specify, be in writing; and
b
must be made before the end of the period of three months beginning with such date as may be fixed by the F216Secretary of State .
Consideration by F219Secretary of State and President
Words in Sch. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
11
1
It shall be the duty of the F217Secretary of State to consider—
a
any advice given to him by the F218Consultative Panel under paragraph 7; and
b
any representations duly made under paragraph 9 or 10.
2
Having done so, the F217Secretary of State shall—
a
send to the President a copy of any such advice and of any such representations (including a note of any oral representations); and
b
inform the President of his view as to whether or not a revoking order with respect to the approved body concerned should be made.
3
It shall be the duty of the President—
a
to consider the information sent to him by the F217Secretary of State ;
b
to inform the F217Secretary of State of his own decision in the matter; and
c
to give his reasons, in writing, for his decision.
4
No revoking order shall be made with respect to the approved body unless the F217Secretary of State and the President agree that it should be made.
SCHEDULE 10 Judicial and other Appointments
Appellate Jurisdiction Act 1876 (c. 59)
Lord of Appeal in Ordinary
1
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—
a
a person who has a Supreme Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; or
c
a practising member of the Bar of Northern Ireland.
War Pensions (Administrative Provisions) Act 1919 (c. 53)
Pensions Appeal Tribunal
2
1
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.
2
After that paragraph there shall be inserted—
2A
For the purposes of paragraph 2(i) the legal representative shall be—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 7 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.
Land Registration Act 1925 (c. 21)
District Registrar
3
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
London Building Acts (Amendment) Act 1939 (c. xcvii)
4
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions Appeal Tribunals Act 1943 (c. 39)
F375
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agriculture Act 1947 (c. 48)
Agricultural Land Tribunal
6
1
2
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)."
”
Lands Tribunal Act 1949 (c. 42)
Lands Tribunal
7
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wireless Telegraphy Act 1949 (c. 54)
8
F40In 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,"
”.
National Health Service (Amendment) Act 1949 (c. 93)
Arbitration committee
9
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"
”
.
Courts-Martial Appeals Act 1951 (c. 46)
Judge Advocate of the Fleet
10
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 substituted
unless he is—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate in Scotland of at least 10 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 10 years; or
c
a member of the Bar of Northern Ireland of at least 10 years’ standing.
Judge Advocate General etc
11
1
In section 31(1) of that Act (appointment of Judge Advocate General) for the words “unless he is" to the end there shall be substituted
unless he is—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate in Scotland of at least 10 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 10 years;
c
a member of the Bar of Northern Ireland of at least 10 years’ standing;
d
the Vice Judge Advocate General; or
e
an Assistant Judge Advocate General.
2
In subsection (2) of that section (Vice or Assistant Judge Advocate General) for the words “unless he is" to the end there shall be substituted
unless he is—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate in Scotland of at least 7 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 7 years;
c
a member of the Bar of Northern Ireland of at least 7 years’ standing; or
d
a Deputy Judge Advocate General.
3
In subsection (3) of that section (Deputy Judge Advocate General) for the words “unless he is" to the end there shall be substituted
unless he is—
a
a person who has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate in Scotland of at least 5 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 5 years; or
c
a member of the Bar of Northern Ireland of at least 5 years’ standing.
Agricultural Marketing Act 1958 (c. 47)
Chairman of disciplinary committee
12
In section 9(1) of the Agricultural Marketing Act 1958 (constitution of disciplinary committee) for the words “who is a barrister" to the end there shall be substituted
who—
a
has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
is an advocate or solicitor in Scotland of at least 7 years’ standing; or
c
is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,
and is approved by the Minister.
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
County Court Judge
13
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".
Charities Act 1960 (c. 58)
Charity Commissioner
F4114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Professions Supplementary to Medicine Act 1960 (c. 66)
Assessor to disciplinary committee
15
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
Betting Gaming and Lotteries Act 1963 (c. 2)
Levy Appeal Tribunal
16
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—
i
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
ii
an advocate or solicitor in Scotland of at least 7 years’ standing,
Ecclesiastical Jurisdiction Measure 1963 (No. 1)
Judge of Consistory Court
17
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,"
”
.
Dean of the Arches and Auditor
18
1
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,"
”
.
2
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;"
”
.
Assessor for episcopal committee inquiry
19
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,"
”
.
Examiner
20
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"
”
.
Plant Varieties and Seeds Act 1964 (c. 14)
Plant Variety Rights Tribunal
F4221
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Act 1964 (c. 48)
F4322
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hairdressers (Registration) Act 1964 (c. 89)
Assessor to disciplinary committee
23
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
b
an advocate or solicitor in Scotland of at least 10 years’ standing.
City of London Courts Act 1964 (c. iv)
The Common Serjeant
24
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law Commissions Act 1965 (c. 22)
Law Commissioner
25
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)"
”
.
Commons Registration Act 1965 (c. 64)
Commons Commissioner
26
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Employment Tribunal (England and Wales) Regulations 1965
Words in cross-heading to Sch. 9 para. 27 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F48Employment tribunal (S.I. 1965/1101.)
Words in cross-heading to Sch. 9 para. 27 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
27
1
In regulation 3(1) of the F47Employment Tribunal (England and Wales) Regulations 1965 (President of F47Employment 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."
”
2
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,"
”
.
3
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.
Veterinary Surgeons Act 1966 (c. 36)
Assessor to disciplinary committee
28
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
Hearing Aid Council Act 1968 (c. 50)
Assessor to Disciplinary Committee
F30529
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxes Management Act 1970 (c. 9)
Special Commissioner
30
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 substituted
unless—
a
he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
he is an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
Courts Act 1971 (c. 23)
Circuit Judge
31
1
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 substituted
unless—
a
he has a 10 year Crown Court or 10 year county court qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
he is a Recorder; or
c
he has held as a full-time appointment for at least 3 years one of the offices listed in Part IA of Schedule 2.
2
After Part I of Schedule 2 to that Act (certain office-holders to be circuit judges) there shall be inserted the following—
Part IA Certain office-holders eligible for appointment as Circuit Judges
Social Security Commissioner appointed under section 97 of the Social Security Act 1975.
President of Social Security Appeal Tribunals and Medical Appeal Tribunals or chairman of such a tribunal appointed under Schedule 10 to that Act.
President of F49Employment Tribunals or chairman of such a tribunal appointed under the F49Employment Tribunals (England and Wales) Regulations 1965.
President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act 1971.
Member (excluding the President) of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949.
President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act 1943.
President of Value Added Tax Tribunals or chairman of such a tribunal appointed under Schedule 8 to the Value Added Tax Act 1983.
Special Commissioner appointed under section 4 of the Taxes Management Act 1970.
Coroner appointed under section 2 of the Coroners Act 1988.
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.
Registrar in Bankruptcy of the High Court.
Taxing Master of the Supreme Court.
District judge of the principal registry of the Family Division.
Registrar of Civil Appeals.
Master of the Court of Protection.
District judge.
Stipendiary magistrate.
Recorder and Assistant Recorder
32
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Misuse of Drugs Act 1971 (c. 38)
33
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—
i
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
ii
an advocate or solicitor in Scotland of at least 7 years’ standing; or
iii
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,
Immigration Act 1971 (c. 77)
Immigration Appeal Tribunal
F5134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Friendly Societies Act 1974 (c. 46)
Assistant registrar of friendly societies
35
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."
”
Social Security Act 1975 (c. 14)
Social Security Commissioner
F5236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social security appeal tribunal and medical appeal tribunal
F5337
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Farriers Registration Act 1975 (c. 35)
Assessor to Disciplinary Committee
38
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
b
an advocate or solicitor in Scotland of at least 10 years’ standing.
Industry Act 1975 (c. 68)
Arbitration Tribunal
39
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—
i
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
ii
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,
Aircraft and Shipbuilding Industries Act 1977 (c. 3)
Aircraft and Shipbuilding Industries Arbitration Tribunal
F31240
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insurance Brokers (Registration) Act 1977 (c. 46)
Assessor to Disciplinary Committee
41
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
National Health Service Act 1977 (c. 49)
42
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,"
”
.
Nurses, Midwives and Health Visitors Act 1979 (c. 36)
Assessors to the Central Council
F5443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices of the Peace Act 1979 (c. 55)
Stipendiary Magistrate
F5544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices’ Clerk
F5645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Act 1980 (c. 30)
Deputy Social Security Commissioner
F5746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58Senior Courts Act 1981 (c. 54)
Sch. 10 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Judge’s legal secretary
47
In section 98(4) of the F59Senior 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)"
”
.
Conveyancing counsel
48
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."
”
Master, Registrar etc
49
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Representation of the People Act 1983 (c. 2)
Election Court Commissioner
50
1
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"
”
.
2
In subsection (2) of that section—
a
for the word “barrister" there shall be substituted “
person"
”
;
b
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
for paragraph (b)(ii) there shall be substituted—
ii
in which he practises.
3
In subsection (3)(a) for the word “barristers" there shall be substituted “
qualified persons"
”
.
Mental Health Act 1983 (c. 20)
Lord Chancellor’s Legal Visitor
51
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."
”
Value Added Tax Act 1983 (c. 55)
VAT Tribunal
F6252
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical Act 1983 (c. 54)
Legal Assessor to Committees
53
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
Pastoral Measure 1983 (No. 1)
Appeal Tribunal
54
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)"
”
.
Merchant Shipping Act 1984 (c. 5)
Arbitrator
F6355
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dentists Act 1984 (c. 24)
Assessor to committees
56
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
County Courts Act 1984 (c. 28)
District judges
57
F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Data Protection Act 1984 (c. 35)
F6558
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
Umpire hearing appeals from Reinstatement Committee
59
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 substituted
unless—
a
he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
he is an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
Prosecution of Offences Act 1985 (c. 23)
Director of Public Prosecutions
60
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."
”
Crown Prosecutors
61
1
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)"
”
.
2
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)"
”
.
Interception of Communications Act 1985 (c. 56)
F6662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1985 (c. 61)
Questions of construction
63
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,"
”
.
Assessor to Discipline and Appeals Committee of the Council of Licensed Conveyancers
64
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transport Act 1985 (c. 67)
Transport Tribunal
65
For paragraph 2(2) of Schedule 4 to the Transport Act 1985 (president and chairman of Transport Tribunal) there shall be substituted—
2
The president of the tribunal shall be—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
b
an advocate or solicitor in Scotland of at least 10 years’ standing.
2A
Each chairman shall be—
a
a person who has a 7 year general qualification, within the meaning of that section; or
b
an advocate or solicitor in Scotland of at least 7 years’ standing.
Animals (Scientific Procedures) Act 1986 (c. 14)
66
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—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 7 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,
Insolvency Act 1986 (c. 45)
Insolvency Practitioners Tribunal
F33867
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Societies Act 1986 (c. 53)
68
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—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 7 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;
Banking Act 1987 (c. 22)
69
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—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 7 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing
Coroners Act 1988 (c. 13)
Coroner
70
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 substituted
unless—
a
he has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
b
he is a
Criminal Justice Act 1988 (c. 33)
Criminal Injuries Compensation Board
71
1
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 substituted
if—
a
he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
he is an advocate or solicitor in Scotland; or
c
he holds or has held judicial office in England and Wales;
d
he holds or has held judicial office in Scotland.
2
For paragraphs 2(8)(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
a
in the case of a member who qualifies for appointment under sub-paragraph (2)(a) or (c), with the consent of the Lord Chancellor; and
b
in the case of a member who qualifies for appointment under sub-paragraph (2)(b) or (d), with the consent of the Lord President of the Court of Session.
Assessor of compensation for miscarriages of justice
72
1
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—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland;
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;
2
For paragraph 6(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
a
in the case of a person who qualifies for appointment under paragraph 1(a) or (c), or paragraph 1(d) by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and
b
in the case of a person who qualifies for appointment under paragraph 1(b), or paragraph 1(d) by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session.
Copyright, Designs and Patents Act 1988 (c. 48)
Copyright Tribunal
73
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 substituted
unless—
a
he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
he is an advocate or solicitor in Scotland of at least 7 years’ standing;
c
he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing; or
d
he has held judicial office.
Security Service Act 1989 (c. 5)
F6874
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opticians Act 1989 (c. 44)
Assessor to Disciplinary Committee
75
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—
a
a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least 10 years’ standing; or
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.
SCHEDULE 11 Judges etc Barred from Legal Practice
Sch. 11: entry substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 24; S.I. 2009/1604, art. 2(e)
Words in Sch. 11 substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 8(b)
Sch. 11: words in entry substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(f)
Sch. 11: references substituted (1.10.2007) for reference to Master of the Court of Protection by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch. 6 para. 35(2) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
Words in Sch. 11 repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 2 para. 9, Sch. 7 Pt. 3; S.I. 2001/3234, art. 2
Entry in Sch. 11 substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 37 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a) (with art. 4)
Words in entry beginning "Social Security Commissioner" in Sch. 11 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6, SIF 113:1), ss. 3, 7(2), Sch. 1 (with Sch. 3) (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118)
Sch. 11: entry relating to "President of Social Security Appeal Tribunals" substituted (3.2.1991) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 4(2), Sch. 2 para. 22; S.I. 1991/2617, art. 2(d)
Sch. 11: entry substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 6; S.I. 1998/1658, art. 2(1), Sch. 1
Words in Sch. 11 substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)
Sch. 11 entry omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 8 (with Sch. 4)
Sch. 11: entry omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), arts. 1, 5(1)(2), Sch. 1 para. 214 (with Sch. 5)
Sch. 11: entries omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), arts. 1(2), 3, Sch. 1 para. 168
Words in Sch. 11 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 55 (with s. 20(2), Sch. 8)
Words in Sch. 11 substituted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 30 (with s. 180); S.I. 2013/1869, art. 2(o)(xiv)
Entry in Sch. 11 inserted (9.4.2001) by 2000 c. 19, s. 60(5) (with s. 83(6)); S.I. 2000/2994, art. 2(6)
Sch. 11 entry omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 10 (with Sch. 5)
Sch. 11: entry omitted (1.9.2009) by virtue of The Transfer of Functions of the Charity Tribunal Order 2009 (S.I. 2009/1834), arts. 1, 4(1), Sch. 1 para. 3 (with transitional and saving provisions in Sch. 4)
Sch. 11: entries inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, {Sch. 8 par. 16}; S.I. 2008/2696, art. 5(c)(i) (with arts. 3, 4)
The following are the offices for the purposes of section 75—
F69Judge 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
F339Insolvency and Companies Court Judge
Taxing Master of the F70Senior Courts
Registrar of Civil Appeals
F71Senior 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 F72. . . Judge Advocate General
F73 District Judge (Magistrates’ Courts)
Social Security Commissioner F74. . .
F75President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals
F76President of the Employment Tribunals (England and Wales) or member of a panel of F315Employment Judges established by regulations under section 1(1) of the M2Employment Tribunals Act 1996 for employment tribunals for England and Wales
F304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309Member of the Charity Commission appointed as provided in Schedule 1 to the Charities Act 2011.
F314Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 .
F79Member of a Pensions Appeal Tribunal
F303. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F81Judge or other member of the First-tier Tribunal—
- a
appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or
- b
who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act)
- a
Judge or other member of the Upper Tribunal—
- a
appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or
- b
who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act)
- a
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
I11SCHEDULE 12 Widowers’ Pensions: Transitional Provisions
The following are the provisions which are inserted in the 1981 Act as Part IV of Schedule 2—
Part IV Widowers’ Pensions
General
24
In this Part of this Schedule—
“the commencement date” means the date on which Schedule 12 to the Courts and Legal Services Act 1990 came into force;
“the publication date” means the date of publication, by order of the House of Lords, of the Bill for the Courts and Legal Services Act 1990, that is to say 7th December 1989; and
“member” means a female person who holds judicial office and to or in respect of whom benefits are payable under this Act, or the Sheriffs’ Pensions (Scotland) Act 1961, on her retirement.
Service wholly before the commencement date
25
Subject to paragraph 26, no widower’s pension shall be payable in respect of a member who retires on or before the commencement date.
Members retiring between publication and commencement date
26
1
A member who retires—
a
on or after the publication date; but
b
before the commencement date,
may, before the end of the period of six months beginning with the commencement date, opt for her husband to be entitled to a widower’s pension on her death.
2
Regulations may make provision as to—
a
the manner and form in which an option under this paragraph is to be exercised;
b
the payment, by any member exercising such an option, of a contribution towards the cost of liability for the widower’s pension; and
c
the annual value of a widower’s pension granted as a result of the exercise of the option given by this paragraph.
Service partly before and partly after the commencement date
27
1
No widower’s pension shall be payable in respect of a member who—
a
holds judicial office on or before the commencement date; and
b
continues to do so after that date,
unless, before the end of the period of six months beginning with that date, she opts for her husband to be entitled to a widower’s pension on her death.
2
A member exercising such an option shall specify whether the annual value of the widower’s pension is to be calculated—
a
under sub-paragraph (3); or
b
on the assumption that all her relevant service fell after the commencement date.
3
Where the annual value of a widower’s pension falls to be calculated under this sub-paragraph its value shall be determined by applying the formula—
where—
WP1 is the annual value of the widower’s pension,
WP2 is the annual value of the widower’s pension that would be payable on the assumption mentioned in sub-paragraph (2)(b),
RS1 is the length of the member’s relevant service after the commencement date, and
RS2 is the whole of her relevant service.
4
No period of service during which an election under section 14A is in force in respect of the member concerned shall be taken into account for the purposes of any calculation under sub-paragraph (3).
5
For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service before the commencement date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service before that date adds to the amount of the personal pension.
Pension not wholly attributable to service after 17 April 1973
28
1
This paragraph applies to a member who, apart from this paragraph, would be a person to whom paragraph 15 or 16 of Part II of this Schedule applies.
2
Where such a member has exercised an option under paragraph 26 or 27, this paragraph shall apply in respect of her, and paragraph 15 or, as the case may be, paragraph 16 shall cease to apply.
3
For the purposes of calculating the annual value of—
a
the widower’s pension payable in respect of such a member; and
b
any children’s pension so payable,
the member shall be treated as if none of her relevant service fell before 18 April 1973.
SCHEDULE 13 Transfer of Accrued Benefits
Sch. 13: Para. 1 of inserted Sch. 1A renumbered para. 1(1) (1.12.2001) by S.I. 2001/3649, arts. 1, 326(2)
Sch. 13: Definition of “authorised insurer" substituted for definition of “authorised insurance company" in para. 1(1) of inserted Sch. 1A (1.12.2001) by S.I. 2001/3649, arts. 1, 326(3)
Sch. 13: Para. 1(2) inserted (1.12.2001) into inserted Sch. 1A by S.I. 2001/3649, arts. 1, 326(4)
Sch. 13: Word in para. 6(2)(c) of inserted Sch. 1A substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 326(5)
Sch. 13: Word in definition of “qualifying scheme" in para. 11(3)(a) of inserted Sch. 1A substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 326(6)
The following are the provisions which are inserted in the M3Judicial Pensions Act 1981, as Schedule 1A—
Schedule 1A Transfer of Accrued Benefits
Part I General
Interpretation
1
F821
In this Schedule—
F83“authorised insurer" means—
- i
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance, or
- ii
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance;
“disregarded service”, in relation to any member of a scheme, means any period of service in judicial office during which an election under section 14A(9) above is in force in respect of the qualifying member;
“normal pension age” means the earliest age at which, if his service had continued until retirement at that age, a member of a scheme might have been entitled to receive a pension under the scheme;
“prescribed” means prescribed by regulations;
“protected rights” has the same meaning as in the Social Security Pensions Act 1975 and, in relation to Northern Ireland, the Social Security Pensions (Northern Ireland) Order 1975;
“qualifying member” means a person to whom Part II of this Schedule applies;
“qualifying service” means the service, or relevant service, by reference to which a qualifying member’s entitlement to benefit under the scheme is calculated; and
“scheme” means the relevant occupational pension scheme constituted by this Act or the Sheriffs’ Pensions (Scotland) Act 1961.
F842
The definition of “authorised insurer" in sub-paragraph (1) must be read with—
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section;
c
Schedule 2 to that Act.
Regulations
2
Regulations for the purposes of this Schedule—
a
may be made, with the concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, the Secretary of State;
b
shall be made by statutory instrument;
c
shall be subject to annulment in pursuance of a resolution of either House of Parliament;
d
may make different provision for different cases; and
e
may make provision for consequential, transitional and incidental matters.
Other provisions about transfer values
3
Part II of Schedule 1A to the Social Security Pensions Act 1975 (transfer values) and Part II of Schedule 1A to the Social Security Pensions (Northern Ireland) Order 1975 (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.
Part II Transfers Out
Qualifying members
4
1
Where the conditions mentioned in sub-paragraph (2) are satisfied, this Part of this Schedule applies to any person—
a
to or in respect of whom benefits are payable under a scheme; and
b
whose qualifying service ends after this Schedule comes into force.
2
The conditions are that—
a
his qualifying service ends at least one year before he reaches normal pension age; and
b
on the date on which it ends—
i
he has accrued rights to benefit under the scheme; or
ii
he would have such rights if his service in judicial office had also ended on that date.
Qualifying member’s right to a transfer payment
5
1
When his qualifying service ends, a qualifying member acquires a right to the cash equivalent at the relevant date of any benefits—
a
which have accrued to, or in respect of him, under the scheme; or
b
where service of his in judicial office is disregarded service, which would have so accrued if his service in judicial office had ended on the same date as that on which his qualifying service ended.
2
In this paragraph “the relevant date” means—
a
the date when the qualifying member’s qualifying service ends; or
b
the date of any application which he has made under paragraph 6 and which has not been withdrawn,
whichever is the later.
Method of taking cash benefit
6
1
A qualifying member who acquires a right to a cash equivalent under paragraph 5 may only take it by exercising the option conferred by this paragraph.
2
The option is that of requiring the Treasury to use the cash equivalent in whichever of the following ways the qualifying member chooses—
a
for acquiring transfer credits allowed under the rules of another occupational pension scheme—
i
whose trustees or managers are able and willing to accept him; and
ii
which satisfies prescribed requirements;
b
for acquiring rights allowed under the rules of a personal pension scheme—
i
whose trustees or managers are able and willing to accept him; and
ii
which satisfies prescribed requirements;
c
for purchasing from one or more authorised F85insurers—
i
chosen by the qualifying member; and
ii
willing to accept payment on his account from the Treasury,
one or more annuities which satisfy prescribed requirements;
d
for subscribing to other pension arrangements which satisfy prescribed requirements.
3
Without prejudice to the generality of the power to prescribe requirements under sub-paragraph (2), such requirements may provide that pension arrangements or a scheme or annuity must satisfy such requirements of the Inland Revenue as may be prescribed.
4
A qualifying member may exercise his option in different ways in relation to different portions of his cash equivalent.
5
A qualifying member who exercises his option must do so in relation to the whole of his cash equivalent or, where sub-paragraph (6) applies, in relation to the whole of the reduced cash equivalent.
6
Where—
a
the trustees or managers of—
i
an occupational pension scheme which is not a contracted-out scheme, or
ii
a personal pension scheme which is not an appropriate scheme under section 2 of the Social Security Act 1986, Article 4 of the Social Security (Northern Ireland) Order 1986 or under any prescribed provision, or
iii
a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985, regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1985, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 or any other prescribed provision,
are able or willing to accept a transfer payment only in respect of a qualifying member’s rights other than his accrued rights to a guaranteed minimum pension or his protected rights; and
b
the member has not required the Treasury to use the portion of his cash equivalent which represents a guaranteed minimum pension or protected rights in any of the ways specified in sub-paragraph (2),
paragraph 5, this paragraph and paragraph 7 are to be read as conferring on the member an option only in respect of the reduced cash equivalent.
7
In this paragraph “reduced cash equivalent” means a sum equal to the balance of the cash equivalent to which the qualifying member would be entitled if sub-paragraph (6) did not apply, after deduction of an amount sufficient for the Treasury to meet its liability in respect of the member’s guaranteed minimum pension or protected rights or those of his widow, or her widower.
Calculation of cash equivalents
7
1
Cash equivalents are to be calculated and verified in the prescribed manner.
2
Regulations made under sub-paragraph (1) may, in particular, provide—
a
that in calculating cash equivalents account shall be taken—
i
of any surrender or forfeiture of the whole or part of a qualifying member’s pension which occurs before the Treasury does what is needed to comply with the choice made by him in exercising his option;
ii
in a case where paragraph 6(6) applies, of the need to deduct an appropriate amount to provide a guaranteed minimum pension or give effect to protected rights; and
b
that in prescribed circumstances a qualifying member’s cash equivalent shall be increased or reduced.
3
Without prejudice to the generality of sub-paragraph (2), the circumstances that may be specified by virtue of paragraph (b) of that sub-paragraph include the length of time which elapses between the termination of a qualifying member’s qualifying service and his exercise of the option conferred by paragraph 6.
Time within which option must be exercised
8
1
A qualifying member may only exercise his option on or before the last option date.
2
The last option date is—
a
the date which falls one year before the date on which the qualifying member reaches normal pension age; or
b
the end of the period of six months beginning with the date on which his qualifying service ends,
whichever is the later.
3
A qualifying member loses the right to any cash equivalent under this Schedule if—
a
his pension becomes payable before he reaches normal pension age; or
b
he fails to exercise his option on or before the last option date.
Option to be exercised in writing
9
1
A qualifying member may only exercise his option by making an application in writing to the Treasury.
2
In any case where—
a
a qualifying member has exercised his option; and
b
the Treasury has done what is needed to comply with the choice made by him in exercising his option,
the Treasury shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any such cases as are mentioned in paragraph 6(6), to the extent that an obligation to provide guaranteed minimum pensions or give effect to protected rights continues to subsist.
3
If the Treasury receives an application under this paragraph, it shall be its duty, subject to the following provisions of this paragraph, to do what is needed to comply with the choice made by the qualifying member in exercising his option—
a
within twelve months of the date on which it receives his application; or
b
by the date on which he attains normal pension age,
whichever is the earlier.
Cancellation of exercise of option
10
1
A qualifying member may cancel the exercise of his option by giving the Treasury notice in writing that he no longer wishes it to be exercised.
2
No such notice shall have effect if it is given to the Treasury at a time when, in order to comply with the choice made by the qualifying member in exercising his option, the Treasury has entered into an agreement with a third party to use the whole or part of his cash equivalent in a way specified in paragraph 6(2)(a), (b), (c) or (d).
3
A qualifying member who withdraws an application may make another.
Part III Transfers In
Application to accept payment into scheme
11
1
Where a member of a scheme has asked the appropriate Minister to accept a payment representing the cash equivalent of his accrued rights in any other qualifying scheme, that Minister may—
a
to the extent to which it does not exceed the prescribed limit, accept the payment or any part of it; or
b
refuse to accept the payment or any part of it.
2
A request under sub-paragraph (1) must be made—
a
in writing;
b
before the person making it has reached normal pension age; and
c
not less than one year before he becomes entitled to a pension on retirement from his qualifying service.
3
In this paragraph—
“the prescribed limit” means the limit prescribed by regulations made by virtue of paragraph 13(a);
“qualifying scheme” means—
a
an occupational pension scheme, a personal pension scheme, or an annuity purchased from an authorised F86insurer, which satisfies prescribed requirements; or
b
other prescribed pension arrangements; and
“the appropriate Minister” means the Lord Chancellor, or, in relation to a member serving in an office existing only in Scotland, the Secretary of State.
Cancellation of request
12
1
A member may, by notice in writing given to the appropriate Minister, cancel a request made by him under paragraph 11, at any time before it has been accepted.
2
A transferring member who withdraws an application may make another.
Regulations
13
Regulations may—
a
prescribe limits on the amounts which the appropriate Minister may accept under paragraph 11(1) above;
b
make provision as to the manner in which payments are to be accepted into a scheme under this Part of this Schedule;
c
make provision as to the benefits which are to be provided to a member to reflect any such payment accepted with respect to him;
d
prescribe formulae, based on tables of factors provided by the Government Actuary, to be used when performing any calculation relating to the acceptance of transfer payments or the provision of benefits.
SCHEDULE 14 Foreign Lawyers: Partnerships and Recognised Bodies
Part I Registration
General
I121
In this Schedule—
“the Act of 1974” means the Solicitors Act 1974;
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the register” means the register maintained by the Society under section 89;
“registration” means registration in that register;
“the Society” means the Law Society; and
“the Tribunal” means the Solicitors Disciplinary Tribunal.
Application for registration
I132
1
An application for registration or for renewal of registration—
2
Where such an application is duly made by a foreign lawyer, the F90Society 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 appropriateF91 for members of that profession to be managers of recognised bodies.
C33
F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C44
The F88Society may make regulations, with the concurrence of the F93Legal Services Board , with respect to—
a
the keeping of the register (including F94the form of the register and the manner in which entries are to be made, altered or removed); and
b
applications for registration or renewal of registration.F95 and
c
the making available to the public of the information contained in the register (including the manner in which, and hours during which, the information is to be made so available and whether the information is to be made available free of charge).
C55
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F972A
1
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.
2
A direction under sub-paragraph (1) may be given in respect of a foreign lawyer
a
at the time he is first registered, or
b
at any time when the registration has effect.
Duration of registration
I143
1
Every registration shall have effect from the beginning of the day on which it is entered in the register.
C62
The F98Society may make regulations—
a
prescribing the date (“the renewal date") by which each registered foreign lawyer must apply for his registration to be renewed; and
b
requiring every entry in the register to specify the renewal date applicable to that registration.
3
Any such regulations may—
a
provide different renewal dates for different categories of registered foreign lawyer or different circumstances;
b
provide for the Society to specify, in the case of individual registered foreign lawyers, different renewal dates to those prescribed by the regulations;
c
make such transitional, incidental and supplemental provision in connection with any provision for different renewal dates as the F98Society considers expedient.
C74
Where a foreign lawyer is registered, the Society may cancel his registration if—
a
the renewal date for his registration has passed but he has not applied for it to be renewed; or
b
he has applied to the Society for it to be cancelled.
Evidence as to registration
I154
Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer—
a
is, or is not, registered; or
b
was registered during a period specified in the certificate,
shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.
Part II Registered Foreign Lawyers:Supplementary Provisions
Intervention in practices
I165
1
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.
2
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.
3
The intervention powers are only exercisable where—
a
the F99Society has reason to suspect dishonesty on the part of the registered foreign lawyer, or on the part of an employee of the multi-national partnership, in connection with—
i
the practice of that partnership; or
ii
any trust of which the registered foreign lawyer is or was a trustee F100. . . ;
b
in the case of a registered foreign lawyer who has died, the F99Society has reason to suspect dishonesty on the part of his personal representative, in connection with—
i
the practice of the multi-national partnership; or
ii
any trust of which the registered foreign lawyer was a trustee F100. . . ;
F101ba
the Society has reason to suspect dishonesty on the part of the registered foreign lawyer (“L”) in connection with—
i
the business of any person of whom L is or was an employee, or of any body of which L is or was a manager, or
ii
any business which is or was carried on by L as a sole trader;
c
the F102Society is satisfied that the registered foreign lawyer has failed to comply with rules made under section 32 or 37(2)(c) of the Act of 1974;
d
a bankruptcy order (as defined in paragraph 10(3)) has been made against him or he has made a composition or arrangement with his creditors;
e
he has been committed to prison in any civil or criminal proceedings;
F103ea
the Society is satisfied that he has abandoned his practice;
F104f
he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as a registered foreign lawyer and powers under sections 15 to 20 or section 48 are exercisable in relation to him;
g
his name has been struck off the register or his registration has been suspended or cancelled;
h
he has purported to act as a member of a multi-national partnership at a time when he was not registered;
i
the F105Society is satisfied that he has failed to comply with any condition, subject to which he is registered, to the effect that—
i
he may only be a member of a partnership which is approved by the Society; or
ii
he may only be F106a manager of a recognised body which is so approved; or
iii
he may only be such a member or such F106a manager.
F107j
the Society is satisfied that it is necessary to exercise the intervention powers (or any of them) in relation to the registered foreign lawyer to protect—
i
the interests of clients (or former or potential clients) of the registered foreign lawyer or the multi-national partnership, or
ii
the interests of the beneficiaries of any trust of which the registered foreign lawyer is or was a trustee.
4
F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
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—
a
F109the Society is satisfied that there has been undue delay on the part of a registered foreign lawyer in connection with—
i
any matter in which he, or the multi-national partnership of which he is or was a member, was instructed on behalf of a client; or
ii
any F110trust ;
b
the Society by notice invites the registered foreign lawyer to give an explanation within a period (of not less than 8 days) specified in the notice;
c
the registered foreign lawyer fails within that period to give an explanation which the F111Society regards as satisfactory; and
d
the Society gives notice of the failure to the registered foreign lawyer and notice that the intervention powers are accordingly exercisable.
6
Where the intervention powers are exercisable in relation to a registered foreign lawyer, they shall continue to be exercisable—
a
at any time when his registration is suspended;
b
after his name has been struck off the register or his registration has been cancelled; or
c
after his death.
7
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—
a
any express modifications made under section 89; and
b
any modifications necessary in the light of this paragraph.
8
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.
9
The notices required to be given by this paragraph must be in writing but need not be given at the same time.
F11210
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).
The Compensation Fund
F113I176
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—
a
an act or omission of a registered foreign lawyer or former registered foreign lawyer;
b
an act or omission of an employee or former employee of a registered foreign lawyer or former registered foreign lawyer;
Contributions to the Fund
F114I187
Section 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.
Accountants’ reports
F115C8I198
Section 34 of the Act of 1974 applies in relation to registered foreign lawyers as it applies in relation to solicitors.
Certification for purposes of investment business
F1169
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of bankruptcy
I2010
1
The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order.
2
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.
3
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.
Effect of disciplinary action
I2111
1
Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended.
2
In sub-paragraph (1) “struck off” and “suspended from practice” mean—
a
any action taken within the jurisdiction by reference to which the registered foreign lawyer is qualified to be registered; or
b
where the registered foreign lawyer is qualified to be registered by reference to more than one jurisdiction, any action taken within any one of those jurisdictions,
which is the equivalent, respectively, of a solicitor being struck off the roll or suspended from practice under the Act of 1974.
Re-instatement of disciplined foreign lawyer
I2212
1
Where a person’s registration has been suspended by virtue of paragraph 11, it shall be revived—
a
if his right to practise in the jurisdiction in question is restored; and
b
a copy of the instrument restoring his right, certified to be a true copy by an officer of the appropriate court in the jurisdiction in question, or the professional body concerned, is served on the Society.
2
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.
Effective date of revived registration
I2313
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.
Appeal against conditions or refusals
I2414
1
Any foreign lawyer may appeal to the F117High Court against—
C9a
the refusal of the Society to register him or to renew his registration;
b
the refusal of the Society to terminate the suspension of his registration on an application made by him under paragraph 12;
C9c
the failure of the Society to deal with any application by him for registration, renewal of registration or the termination (under paragraph 12(2)) of a suspension within a reasonable time; F118. . .
e
a decision of the Society to remove his name from the register.
C92
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C93
F1254
In relation to an appeal under this paragraph the High Court may make such order as it thinks fit as to payment of costs.
5
The decision of the High Court on an appeal under this paragraph shall be final.
Jurisdiction and powers of Disciplinary Tribunal
I2515
1
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.
2
Any application—
a
to strike the name of a foreign lawyer off the register;
b
to require a registered foreign lawyer to answer allegations in an affidavit;
c
to suspend the registration of a foreign lawyer for a specified or indefinite period;
d
by a foreign lawyer whose name has been struck off the register by order of the Tribunal to have his name restored to the register;
e
by a foreign lawyer whose registration has been suspended for an indefinite period by order of the Tribunal for the termination of that suspension,
shall be made to the Tribunal.
3
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.
F126C103A
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.
4
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—
a
the striking off the register of the name of the foreign lawyer to whom the application or complaint relates;
b
the suspension of that foreign lawyer’s registration indefinitely or for a specified period;
c
the payment by that foreign lawyer of a penalty F127. . . , which shall be forfeit to Her Majesty;
d
the termination of that foreign lawyer’s unspecified period of suspension from registration;
e
the restoration to the register of the name of a foreign lawyer which has been struck off the register;
f
the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.
5
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foreign lawyers assisting the Tribunal
I2616
1
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.
2
Rules under sub-paragraph (1) shall not be made without the concurrence of the F129Legal Services Board .
3
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.
Appeals from Tribunal
I2717
1
An Appeal from the Tribunal shallF130 lie to the High Court.
2
3
Any decision F133of 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.
4
F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F306 SCHEDULE 15 Inadequate Professional Services
Sch. 15 repealed (6.10.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2010/2089, art. 2(e)(vi)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 16 Children Act 1989
Part I Amendment of Act and Other Enactments Affected
I281
In this Part of this Schedule “the Act of 1989” means the M4Children Act 1989.
The Civil Evidence Act 1968 (c. 64)
I292
1
In section 12(5) of the Civil Evidence Act 1968 (findings of paternity in civil proceedings: meaning of “relevant proceedings") for the definition of “relevant proceedings" there shall be substituted—
“relevant proceedings” means—
a
proceedings on a complaint under section 42 of the National Assistance Act 1948 or section 26 of the Social Security Act 1986;
b
proceedings under the Children Act 1989;
c
proceedings which would have been relevant proceedings for the purposes of this section in the form in which it was in force before the passing of the Children Act 1989.
2
Paragraph 24 of Schedule 13 to the Act of 1989 shall be omitted.
The Family Law Reform Act 1969 (c. 46)
F1353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Children and Young Persons Act 1969 (c. 54)
F1364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1375
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Administration of Justice Act 1970 (c. 31)
I306
1
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
—
a
made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989; or
b
made under
2
Paragraph 25 of Schedule 13 to the Act of 1989 shall be omitted.
The Adoption Act 1976 (c. 36)
F1387
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Child Care Act 1980 (c. 5)
I318
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—
2A
For the purposes of subsection (2) above and section 22A below a child shall be regarded as being under the charge and control of a person if he stays with that person for a continuous period of more than 24 hours
The Education Act 1981 (c. 60)
I329
1
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"
”
.
2
That amendment shall be deemed to have been incorporated in section 3A(1) as originally enacted.
The Children Act 1989 (c. 41)
I3310
1
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 M5Family Law Reform Act 1969"
”
.
2
At the end of paragraph 1 of Schedule 1 to the Act of 1989 (financial provision for children) there shall be inserted the following sub-paragraph—
7
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.
I3411
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"
”
.
I3512
1
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"
”
.
2
After subsection (5) of that section there shall be inserted the following subsection—
5A
For the purposes of subsection (5) a child shall be regarded as living with a person if he stays with that person for a continuous period of more than 24 hours
I3613
At the end of section 24 of the Act of 1989 (advice and assistance) there shall be added the following subsections—
14
Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by a person qualifying for advice and assistance about the discharge of their functions under this Part in relation to him.
15
In carrying out any consideration of representations under subsection (14), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this subsection.
I3714
In section 27 of the Act of 1989 (co-operation between authorities)—
a
in subsection (1) the words “or other person” and the words “or person” shall be omitted; and
b
in subsection (3) for the word “persons” there shall be substituted “
authorities”
”
F139. . . .
I3815
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"
”
.
I3916
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"
”
.
F14017
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4018
1
Section 42 of the Act of 1989 (right of guardian ad litem to have access to local authority records) shall be amended as follows.
2
In subsection (1)(a), after the word “authority" there shall be inserted “
or an authorised person"
”
.
3
At the end of subsection (1) there shall be added—
; or
c
any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.
4
The following subsection shall be added at the end—
4
In this section “authorised person” has the same meaning as in section 31.
I4119
For section 45(10) of the Act of 1989 (appeals against emergency protection orders) there shall be substituted—
10
No appeal may be made against—
a
the making of, or refusal to make, an emergency protection order;
b
the extension of, or refusal to extend, the period during which such an order is to have effect;
c
the discharge of, or refusal to discharge, such an order; or
d
the giving of, or refusal to give, any direction in connection with such an order.
20
F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4222
In section 93(2) of the Act of 1989 (rules of court)—
a
in paragraph (f) for the words “the United Kingdom" there shall be substituted “
England and Wales"
”
; and
b
in paragraph (g) after the word “is" there shall be inserted “
or resides"
”
.
F31623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4324
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"
”
.
I4425
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.
I4526
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—
d
the records to be kept by local authorities.
I4627
In Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.
I4728
1
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.
2
In paragraph 1(6)(b)(i) of that Schedule, the words “as a voluntary home” shall be omitted.
I4829
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"
”
.
I4930
1
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.
2
In sub-paragraph (1), there shall be added at the end
unless—
a
he has disclosed the fact to the appropriate local authority; and
b
obtained their written consent.
3
In sub-paragraph (2)(g), for “61" there shall be substituted “
69"
”
.
I5031
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.
I5132
In Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted.
I5233
1
Schedule 14 to the Act of 1989 (transitionals and savings) shall be amended as follows.
2
In paragraph 15 (children in compulsory care) at the end of sub-paragraph (1) there shall be added
; or—
h
in care by virtue of an order of the court made in the exercise of the High Court’s inherent jurisdiction with respect to children,
3
In paragraph 16 (modifications)—
a
in sub-paragraph (4), for the word “(g)" there shall be substituted “
(h)"
”
; and
b
in sub-paragraph (5) for the words from “under" to “1973" there shall be substituted
—
a
under section 4(4)(a) of the Guardianship Act 1973;
b
under section 43(5)(a) of the Matrimonial Causes Act 1973; or
c
in the exercise of the High Court’s inherent jurisdiction with respect to children,
4
After paragraph 16 there shall be inserted the following paragraph—
Cessation of wardship where ward in care
16A
Where a child who is a ward of court is in care by virtue of—
a
an order under section 7(2) of the Family Law Reform Act 1969; or
b
an order made in the exercise of the High Court’s inherent jurisdiction with respect to children,
he shall, on the day on which Part IV commences, cease to be a ward of court.
5
In paragraph 22(a) for the word “(g)" there shall be substituted “
(h)"
”
.
6
In paragraph 36(5)(b) for the words “subsection (4)" there shall be substituted “
subsection (6)"
”
.
Part II Further Consequential Amendments
The Maintenance Orders Act 1950 (c. 37)
I5334
In section 15(1)(a) of the Maintenance Orders Act 1950 (service of process), for sub-paragraphs (iii) and (iv) there shall be substituted—
iii
section 92 of and Schedule 11 to the Children Act 1989; or
iv
section 93(2)(g) of that Act (including that provision as applied in relation to Northern Ireland by section 116(3) of the Courts and Legal Services Act 1990)
I5435
In section 16(2)(a) of that Act (application of Part II)—
a
for sub-paragraph (iii) there shall be substituted—
iii
Schedule 1 to the Children Act 1989
The Social Work (Scotland) Act 1968 (c. 49)
I5536
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"
”
.
The Administration of Justice Act 1970 (c. 31)
I5637
1
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—
4
An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.
2
Paragraph 12 of that Schedule shall cease to have effect.
The Attachment of Earnings Act 1971 (c. 32)
I5738
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—
5
An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
I5839
F1431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 30 of that Act (further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children) subsections (1), (2) and (6) shall cease to have effect.
The Magistrates’ Courts Act 1980 (c. 43)
I5940
In section 65(1) of the Magistrates’ Courts Act 1980 (meaning of family proceedings), paragraph (k) shall be omitted.
The Civil Jurisdiction and Judgments Act 1982 (c. 27)
I6041
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—
b
any order which is a Part I order for the purposes of the Family Law Act 1986.
The Mental Health Act 1983 (c.20)
I6142
In section 116(2) of the Mental Health Act 1983 (visiting of patients who are children) for paragraph (a) there shall be substituted—
a
a child or young person—
i
who is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989, or
ii
in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;
SCHEDULE 17 Minor Amendments
The Land Registration Act 1925 (c. 21)
2
F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Administration of Justice Act 1956 (c. 46)
3
F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Powers of Attorney Act 1971 (c. 27)
4
F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Attachment of Earnings Act 1971 (c. 32)
5
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—
9
The Lord Chancellor may by order make such provision as he considers expedient (including transitional provision) with a view to providing for the payment of amounts deducted under attachment of earnings orders to be made to such officers as may be designated by the order rather than to collecting officers of the court.
10
Any such order may make such amendments in this Act, in relation to functions exercised by or in relation to collecting officers of the court as he considers expedient in consequence of the provision made by virtue of subsection (9) above.
11
The power to make such an order shall be exercisable by statutory instrument.
12
Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
I626
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—
11
A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge of a county court.
The Juries Act 1974 (c. 23)
7
F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Solicitors Act 1974 (c. 47)
8
F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Magistrates’ Courts Act 1980 (c. 43)
F15211
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The F154Senior Courts Act 1981 (c. 54)
Sch. 17 para. 12 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
12
In section 5(3) of the F153Senior 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"
”
.
I6313
In section 36(4) of that Act (witness not to be punished for failing to appear if he is not offered payment of his reasonable expenses of attending), for the words from “the expenses", to the end, there shall be substituted
—
a
the expenses of coming and attending to give evidence and of returning from giving evidence; and
b
any other reasonable expenses which he has asked to be defrayed in connection with his evidence,
was tendered to him at the time when the writ was served upon him.
The County Courts Act 1984 (c. 28)
14
F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted—
1A
Without prejudice to the generality of the power to make county court rules under section 75, such rules may make provision for any appeal from the exercise by a district judge, assistant district judge or deputy district judge of any power given to him by virtue of any enactment to be to a judge of a county court.
16
In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end—
6
County court rules may make provision for the suspension of any judgment or order, on terms, in connection with any warrant issued with respect to any instalment payable under the judgment or order.
I6417
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"
”
.
18
F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Legal Aid Act 1988 (c. 34)
F15719
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)
20
F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 18 Consequential Amendments
The Public Records Act 1958 (c. 51)
I651
1
In the First Schedule to the Public Records Act 1958 (definition of public records) the following entries shall be inserted in the appropriate places in Part II of the Table in paragraph 3—
F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Legal Services Ombudsman
The Lord Chancellor’s Advisory Committee on Legal Education and Conduct
2
F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Tribunals and Inquiries Act 1971 (c. 62)
F1612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Matrimonial Causes Act 1973 (c.18)
3
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."
”
.
The Fair Trading Act 1973 (c.41)
4
F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Juries Act 1974 (c. 23)
5
F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Consumer Credit Act 1974 (c.39)
6
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Solicitors Act 1974 (c. 47)
7
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
c
of an order under section 47(2)(h) for the restoration of a person’s name to the roll,
8
In section 8 of that Act (removal or restoration of name at solicitor’s request), the following subsection shall be inserted after subsection (2)—
2A
Subsection (2) does not apply to a former solicitor with respect to whom a direction has been given under section 47(2)(g).
9
F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6613
In section 32 of that Act (accounts rules and trust account rules), the following subsection shall be inserted after subsection (5)—
6
For the purposes of this section and section 33 references to clients’ money and money of a kind mentioned in subsection (1)(b) of this section or (1)(a) of section 33 include references to money held by a solicitor as a stakeholder (whether or not paid by a client of his).
14
In section 41 of that Act (employment by solicitor of person struck off or suspended), the following subsection shall be inserted after subsection (1)—
1A
No solicitor shall, except in accordance with a written permission granted under this section, employ or remunerate in connection with his practice as a solicitor any person if, to his knowledge, there is a direction in force under section 47(2)(g) in relation to that person.
15
In section 42 of that Act (failure to disclose certain facts to solicitor employer), the following subsection shall be inserted after subsection (1)—
1A
Any person—
a
with respect to whom a direction is in force under section 47(2)(g); and
b
who seeks or accepts employment by a solicitor in connection with that solicitor’s practice without previously informing him of the direction,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.
16
1
Section 80 of that Act (powers to act on behalf of Society) shall be amended as follows.
2
In subsection (1) for the words “to committees conferred on the Council" there shall be substituted “
conferred"
”
.
3
In subsection (3)—
a
after the word “Council", in the second place where it occurs, there shall be inserted “
or sub-committee"
”
; and
b
for the words “or the committee" there shall be substituted “
, committee or sub-committee"
”
.
I6717
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);
”
.
18
F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Restrictive Trade Practices Act 1976 (c.34)
19
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)—
a
after the words “Electricity Supply" there shall be inserted “
or the Authorised Conveyancing Practitioners Board"
”
; and
b
after the words “Regulations 1988" there shall be inserted “
or the Courts and Legal Services Act 1990"
”
.
The Patents Act 1977 (c.37)
20
F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)
F17121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Estate Agents Act 1979 (c.38)
22
F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Competition Act 1980 (c.21)
23
F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security Act 1980 (c. 30)
F17424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Magistrates’ Courts Act 1980 (c.43)
25
1
The Magistrates’ Courts Act 1980 shall be amended as follows.
2
In section 150(1) (interpretation) after the definition of “impose imprisonment" there shall be inserted the following definition—
“legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;
3
For the words—
a
“counsel or a solicitor” in sections 4(4)(b), 6(2)(b), 23(1)(a) and 128(1B);
b
“counsel or solicitor” in sections 122(1) and (3);
there shall be substituted “
a legal representative"
”
.
4
For the words—
a
“solicitor” in sections 6(2)(a), 12(2), 128(1A)(ii) and (3B);
F175b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
there shall be substituted “
legal representative"
”
.
F3135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For the words—
a
“solicitors and counsel” in section 69(2)(b);
b
“solicitors or counsel” in section 69(4),
there shall be substituted “
legal representatives"
”
.
F3107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Judicial Pensions Act 1981 (c. 20)
I6826
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"
”
.
I6927
In section 22 of that Act (children’s pension: rate and mode of payment)—
a
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"
”
;
b
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
c
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"
”
.
I7028
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".
I7129
In section 25 of that Act (persons serving again after retirement), in subsection (1)—
a
in paragraph (a), for the words “widow or child of his" there shall be substituted “
widow, widower or child of that person"
”
; and
b
in paragraph (b), for the word “his" there shall be substituted “
that person’s"
”
.
I7230
In the following sections of that Act—
a
29 (recommendation of a Minister required in certain cases);
b
31 (payments charged on Consolidated Fund); and
c
32(3)(b) (definition of “pension benefits"),
after the word “widow’s" there shall in each case be inserted “
widower’s"
”
.
31
The following section shall be inserted in that Act at the beginning of Part III—
29A Transfer of accrued benefits.
Schedule 1A shall have effect with respect to the transfer of accrued rights into and out of the judicial pension schemes constituted by this Act and the Sheriffs’ Pensions (Scotland) Act 1961.
32
In Part I of Schedule 1 to that Act (certain Supreme Court officers)—
a
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
b
for the entries “County court registrar" and “county court assistant registrar" there shall be substituted—
District judge.
Assistant district judge.
I7333
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"
”
.
I7434
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,"
”
.
I7535
In paragraph 7(3) of Schedule 3 to that Act, after the word “widow’s" there shall be inserted “
widower’s"
”
.
The F178Senior Courts Act 1981 (c. 54)
Sch. 18 para. 36 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
36
1
In section 85 of the F177Senior Courts Act 1981 (Supreme Court Rule Committee)—
a
for paragraphs (f) and (g) of subsection (1), there shall be substituted—
f
two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and
g
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.
b
for subsection (4) there shall be substituted—
4
Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.
F3112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
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"
”
.
38
For section 89(3)(e) of that Act (Senior Registrar of Family Division) there shall be substituted—
e
one of the district judges of the Principal Registry of the Family Division as Senior District Judge of that Division; and
39
In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—
3A
The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation to any proceedings.
3B
When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of section 28(2)(a) of the Courts and Legal Services Act 1990 shall be treated as having acquired that right solely by virtue of subsection (3A).
40
1
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."
”
2
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)—
a
for the words “county court registrar" there shall be substituted “
district judge for a county court district"
”
;
b
for the words “registrar" and “district registrar" in each place where they occur, except in the context of county court registrar, assistant district registrar or deputy district registrar, there shall be substituted “
district judge"
”
;
c
for the words “assistant district registrar" in each place where they occur there shall be substituted “
assistant district judge"
”
; and
d
for the words “deputy district registrar" in each place where they occur there shall be substituted “
deputy district judge"
”
.
I7641
In section 151(1) of that Act (interpretation), the following shall be inserted after the definition of “appeal”—
.
“arbitration agreement” has the same meaning as it has in the Arbitration Act 1950 by virtue of section 32 of that Act;
The County Courts Act 1984 (c. 28)
42
In sections 6 to 12 of the County Courts Act 1984 (provisions with respect to registrars, assistant registrars and deputy registrars)—
a
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"
”
;
F179b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and
c
for the words “deputy county court registrar" and “deputy registrar" in each place where they occur there shall be substituted “
deputy district judge"
”
.
I7743
In section 52 of that Act (powers of court exercisable before commencement of action) the following subsection shall be added at the end—
3
This section is subject to any provision made under section 38,
I7844
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—
5
This section is subject to any provision made under section 38,
I7945
In section 54 of that Act (provisions supplementary to sections 52 and 53) the following subsection shall be added at the end—
6
This section is subject to any provision made under section 38,
I8046
In section 69 of that Act (power to award interest on debts and damages), the following shall be substituted for subsection (8)—
(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.
47
For section 75(7) of that Act (members of the rule committee) there shall be substituted—
7
The rule committee shall consist of the following persons appointed by the Lord Chancellor—
a
five judges of county courts;
b
two district judges;
c
two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and
d
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.
I8148
For section 143(1) of that Act (prohibition on persons other than solicitors receiving remuneration for work in county courts) there shall be substituted—
1
No person other than—
a
a legal representative; or
b
a person exercising a right of audience or a right to conduct litigation by virtue of an order made under section 11 of the Courts and Legal Services Act 1990 (representation in county courts),
shall be entitled to have or recover any fee or reward for acting on behalf of a party in proceedings in a county court.
I8249
1
In section 147(1) of that Act (interpretation) after the definition of “landlord" there shall be inserted—
“legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.
2
For the word “solicitor” in sections 13(1) and (4), 61(2) and 126 of that Act there shall be substituted “
legal representative"
”
.
3
For the word “solicitors” in sections 18, 24(1),F317... 75(3)(f) and 79 of that Act there shall be substituted “
legal representatives"
”
.
The Matrimonial and Family Proceedings Act 1984 (c. 42)
F30750
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Prosecution of Offences Act 1985 (c. 23)
F18051
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8352
1
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"
”
.
2
The following definition shall be inserted in section 15(1) of that Act after the definition of “Director”—
“legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.
I8453
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"
”
.
The Administration of Justice Act 1985 (c. 61)
I8554
1
Section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices) shall be amended as follows.
2
In subsection (1)(a)—
a
after the word “solicitors", where it first occurs, there shall be inserted “
or solicitors and one or more registered foreign lawyers"
”
; and
b
at the end there shall be inserted “
or by multi-national partnerships"
”
.
3
In subsection (8), the following definitions shall be inserted at the appropriate places—
“multi-national partnership” means a schedule 20partnership whose members consist of one or more registered foreign lawyers and one or more solicitors;
“registered foreign lawyer” means a person who is registered under section 89 of the Courts and Legal Services Act 1990.
55
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)"
”
.
56
F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57
In Schedule 2 to that Act (incorporated practices), in paragraph 18 the following sub-paragraph shall be inserted after sub-paragraph (2)—
2A
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.
I8658
In Schedule 6 to that Act (incorporated licensed conveyancers) the following shall be substituted for paragraph 4(3)—
3
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.
3A
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.
The Legal Aid Act 1988 (c. 34)
F18259
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18360
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18461
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18663
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 19 Transitionals and Savings
Discrimination by, or in relation to, barristers
1
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.
Judicial appointments: barristers
F1872
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial appointments: solicitors
F1883
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Directions under section 83 of the F190Senior Courts Act 1981 (c. 54)
Sch. 19 para. 4 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
4
1
Any direction given under section 83 of the F189Senior 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.
2
This paragraph is without prejudice to section 17(2)(b) of the M8Interpretation Act 1978.
District judges
5
For the purposes of section 16(3)(c) of the M9Courts 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.
Judicial oaths
6
1
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.
2
The M10Promissory 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"
”
.
Retirement age of certain officers of F192Senior Courts
Words in cross-heading preceding Sch. 19 para. 7 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
7
F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations by lay observers
8
1
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 M11Solicitors 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.
2
Where—
a
any allegation has been duly made to a lay observer under section 45 of the Act of 1974; but
b
he has not—
i
concluded his examination of the allegation; or
ii
reported to the Law Society,
before the repeal of that section has effect,
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.
3
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.
Judicial pensions
I879
The repeal by this Act of sections 18(3), 20(6) and 24 of the M12Judicial 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.
10
1
The repeal by this Act of subsection (3) of section 3 of the M13Superannuation (Miscellaneous Provisions) Act 1967 shall not affect its application in relation to any abatement made under that section.
2
The repeal by this Act of subsection (3) of section 1 of the M14Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 shall not affect its application in relation to any abatement made under that section.
3
The repeal by this Act of section 19(5) of the M15Courts Act 1971 shall not affect its application in relation to any abatement made under section 18(3) of that Act.
4
The repeal by this Act of subsection (4) of section 9 of the M16Administration 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.
5
Overseas solicitors
11
1
Notwithstanding the repeal by this Act of section 4 of the Solicitors Act 1974 (under which the M18Overseas 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.
2
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.
3
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—
a
which is listed in the Order of 1964; but
b
which is identified in the regulations otherwise than by reference to that list.
Practising certificates
I8812
1
Section 14 of the M19Solicitors 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.
2
Sub-paragraph (1) is subject to any direction (whether general or specific) given by the Law Society.
3
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.
Notaries
I8913
1
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.
2
The Master of the Faculties may make rules providing—
a
for a reduction in the period of apprenticeship of any person to whom this paragraph applies with a view to securing that no such person is required to undertake a period of training longer than the period which he would have been required to undertake, by virtue of rules made by the Master, had he started his training after the commencement of subsection (2) of section 57; or
b
for all such apprenticeships to be brought to an end on such day as may be prescribed.
Redress for inadequate professional services
I9014
Section 93 and the repeal by Schedule 20 of—
a
section 44A of the Solicitors Act 1974;
b
section 47A of that Act; and
c
paragraph 19 of Schedule 2 to the M20Administration of Justice Act 1985,
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.
The Council for Licensed Conveyancers
I9115
1
The following provisions—
a
section 53;
b
the repeal by Schedule 20 of section 26(3) of the Administration of Justice Act 1985; and
c
paragraph 58 of Schedule 18,
shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 53.
2
Until such date as may be specified by order made by the Lord Chancellor, the provisions of—
a
paragraphs 14 to 20 of Schedule 8; and
b
paragraph 4(3) and (3A) of Schedule 6 to the Administration of Justice Act 1985 (as substituted by paragraph 58 of Schedule 18),
shall have effect as if they conferred powers on the Discipline and Appeals Committee and not on the Council for Licensed Conveyancers.
3
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.
Immunity of magistrates etc.
16
1
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.
2
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.
3
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.
4
Sub-paragraph (3) applies to—
a
a resident magistrate, including a deputy resident magistrate;
b
a justice of the peace; and
c
a person specified in section 63(7) of the Act of 1985 (county court judges sitting in connection with certain appeals and members of juvenile court panels).
Commissioners for Oaths
I9217
I93E1SCHEDULE 20 Repeals
Sch. 20 partly in force at 1.4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 20 partly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch; Sch. 20 partly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch; Sch. 20 partly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch; Sch. 20 partly in force at 1.6.1992 see s. 124(3) and S.I. 1992/1221, art. 2,Sch; Sch. 20 partly in force at 1.10.1993 see s. 124(3) and S.I. 1993/2132, art. 2, Sch.
For extent of this Schedule see s. 123
Sch. 20: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
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 F196Senior 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). |
Sch. 1 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/3344, art. 2(d), Sch. 1 para. 4