Commentary on Sections: Part 2
Section 51: “Relevant qualification” in section 50: further provision
292.This section empowers the Lord Chancellor (after consultation with the Lord Chief Justice and the JAC) to extend the list of relevant qualifications for the purpose of the judicial-appointment eligibility condition in section 50. The power is exercisable by order made under the affirmative resolution procedure.
293.Orders made under this section would say which qualifications – other than being a barrister or a solicitor – would be “relevant qualifications” for the purpose of eligibility for particular judicial offices. The only qualifications which it would be permitted to specify in this way would be those awarded by the Institute of Legal Executives or by other bodies authorised to confer rights of audience or rights to conduct litigation under sections 27 and 28 of the Courts and Legal Services Act 1990. This would provide assurance that the bodies concerned had in place approved training and qualification arrangements for their members. The section also provides for a qualification to cease to be relevant if the body which awarded it ceases to be an authorised body under the procedure set down in the 1990 Act. The Legal Services Bill currently (i.e. Summer 2007) before Parliament would, if enacted in its current form, amend the references to the 1990 Act that are contained in this section.
294.It is envisaged that the power given to the Lord Chancellor under this section will be exercised in the first instance to extend eligibility for specified appointments to Fellows of the Institute of Legal Executives and to registered patents agents and trade mark attorneys. It also provides flexibility to extend eligibility to duly qualified members of other authorised bodies, should that become appropriate as a result of future developments in the legal profession.
