Statutory Instruments
Legal Services, England And Wales
Made
12th December 2013
Laid before Parliament
17th December 2013
Coming into force
7th January 2014
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 58 to 61 of the Crime and Courts Act 2013(1).
1.—(1) This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 7 and Saving and Consequential Provisions) Order 2013 and comes into force on 7th January 2014.
(2) In this Order, “the Act” means the Crime and Courts Act 2013.
2. Section 24 of the Act (appeals relating to regulation of the Bar) comes into force on 7th January 2014.
3.—(1) Section 24 of the Act has no effect in relation to an appeal if—
(a)the date of the decision which is the subject of the appeal is before 7th January 2014; and
(b)the appellant serves notice on the Clerk to the Visitors of the Inns of Court in accordance with rule 4(1) of the Hearings before the Visitors Rules 2010(2) before 18th April 2014.
(2) In this article, the “date of the decision” means—
(a)in a case where there is an oral hearing, the date on which the decision is announced at that hearing, whether or not the appellant is present at the announcement; or
(b)in a case where there is no oral hearing, the date of the written notice of the outcome of the appeal.
4.—(1) In the European Communities (Lawyer’s Practice) Regulations 2000(3), in the table in Schedule 1 to the Regulations (appeals concerning registration as a European lawyer, exemption from regulation 26(a) of the qualification regulations and entry into the profession of solicitor or barrister), for “The Visitors to the Inns of Court” substitute “The High Court”.
(2) In the European Communities (Recognition of Professional Qualifications) Regulations 2007(4), in the table in Schedule 5 to the Regulations (appeal bodies), for “The Visitors to the Inns of Court” substitute “The High Court”.
(3) Paragraphs (1) and (2) have no effect in relation to an appeal to which section 24 of the Act has no effect by virtue of article 3(1).
Signed by authority of the Lord Chancellor
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
12th December 2013
(This note is not part of the Order)
This Order is the seventh commencement order made under the Crime and Courts Act 2013 (c. 22) (“the Act”). It brings into force section 24 of the Act, which deals with appeals relating to the regulation of the Bar. Section 24 applies only to England and Wales.
The effect of section 24 is that appeals against disciplinary decisions will be dealt with by the High Court rather than the Visitors to the Inns of Court. The appeals which now go to the High Court after the commencement of section 24 are appeals against decisions of Disciplinary Tribunals of the Council of the Inns of Court, decisions of the General Council of the Bar under the Bar Training Regulations, and disputes between an Inn of Court and its members or between members of an Inn.
Article 3(1) provides that section 24 has no effect, and therefore preserves the Visitors’ jurisdiction, for an appeal where the date of the decision is before 7th January 2014 and the appellant gives notice of intention to appeal to the Clerk to the Visitors in accordance with rule 4(1) before 18th April 2014. Article 4 makes consequential provision to replace references to the Visitors to the Inns of Court with references to the High Court. This consequential provision has no effect in relation to an appeal falling within article 3(1).
(This note is not part of the Order)
Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1(1) and (2) | 27th May 2013 | 2013/1042 |
| Section 1(3) to (11) | 7th October 2013 | 2013/1682 |
| Section 1(12) (partially) | 27th May 2013 | 2013/1042 |
| Section 1(12), so far as not already in force | 7th October 2013 | 2013/1682 |
| Section 2 | 7th October 2013 | 2013/1682 |
| Section 3 | 27th May 2013 | 2013/1042 |
| Section 4(1) | 7th October 2013 | 2013/1682 |
| Section 4(2) to (9) | 27th May 2013 | 2013/1042 |
| Section 4(10) (partially) | 27th May 2013 | 2013/1042 |
| Section 4(10), so far as not already in force | 7th October 2013 | 2013/1682 |
| Section 5(1) to (9), (11) and (12) | 7th October 2013 | 2013/1682 |
| Section 5(10) (partially) | 8th May 2013 | 2013/1042 |
| Section 5(10), so far as not already in force | 7th October 2013 | 2013/1682 |
| Section 6(1), (3) and (4) | 7th October 2013 | 2013/1682 |
| Section 6(2) | 27th May 2013 | 2013/1042 |
| Section 7 | 7th October 2013 | 2013/1682 |
| Section 8(1) to (5) | 7th October 2013 | 2013/1682 |
| Section 8(6) (partially) | 8th May 2013 | 2013/1042 |
| Section 8(6), so far as not already in force | 7th October 2013 | 2013/1682 |
| Section 9(1) to (3) and (5) to (8) | 7th October 2013 | 2013/1682 |
| Section 9(4) (partially) | 8th May 2013 | 2013/1042 |
| Section 9(4) (partially) | 27th May 2013 | 2013/1042 |
| Section 9(4), so far as not already in force | 7th October 2013 | 2013/1682 |
| Section 10 | 7th October 2013 | 2013/1682 |
| Section 11(1) to (5), (7) and (8) | 7th October 2013 | 2013/1682 |
| Section 11(6) (partially) | 8th May 2013 | 2013/1042 |
| Section 11(6), so far as not already in force | 7th October 2013 | 2013/1682 |
| Section 11(9) (partially) | 8th May 2013 | 2013/1042 |
| Section 11(9), so far as not already in force | 7th October 2013 | 2013/1682 |
| Section 12 | 7th October 2013 | 2013/1682 |
| Section 13 | 7th October 2013 | 2013/1682 |
| Section 14 | 8th May 2013 | 2013/1042 |
| Section 15(1) and (2) | 7th October 2013 | 2013/1682 |
| Section 15(3) (partially) | 8th May 2013 | 2013/1042 |
| Section 15(3) (partially) | 27th May 2013 | 2013/1042 |
| Section 15(3) (partially) | 7th October 2013 | 2013/1682 |
| Section 16 | 8th May 2013 | 2013/1042 |
| Section 17(4) | 4th September 2013 | 2013/2200 |
| Section 17(5) (partially) | 1st October 2013 | 2013/1725 |
| Section 20 (partially) | 15th July 2013 | 2013/1725 |
| Section 20 (partially) | 4th September 2013 | 2013/2200 |
| Section 20 (partially) | 1st October 2013 | 2013/2200 |
| Section 21 | 1st October 2013 | 2013/2200 |
| Section 22 | 1st November 2013 | 2013/2200 |
| Section 23 | 15th July 2013 | 2013/1725 |
| Section 25(4) (partially) | 15th July 2013 | 2013/1725 |
| Section 25(5) and (8) | 15th July 2013 | 2013/1725 |
| Section 27 | 11th December 2013 | 2013/2981 |
| Section 29 | 15th July 2013 | 2013/1725 |
| Section 30 | 1st October 2013 | 2013/2200 |
| Section 32 | 15th July 2013 | 2013/1725 |
| Section 44 (partially) | 11th December 2013 | 2013/2981 |
| Section 50 (partially) | 29th July 2013 | 2013/1682 |
| Section 50 (partially, as to England and Wales) | 29th July 2013 | 2013/1682 |
| Section 50 (partially) | 18th September 2013 | 2013/2349 |
| Section 50 (partially, as to England and Wales and Northern Ireland) | 14th October 2013 | 2013/2349 |
| Section 50 (partially, as to Northern Ireland) | 14th October 2013 | 2013/2349 |
| Section 51 | 8th May 2013 | 2013/1042 |
| Section 52 | 25th June 2013 | 2013/1042 |
| Section 53 | 25th June 2013 | 2013/1042 |
| Section 54 | 25th June 2013 | 2013/1042 |
| Section 55(1) and (2) | 25th June 2013 | 2013/1042 |
| Section 55(3) (partially) | 25th June 2013 | 2013/1042 |
| Section 55(5) | 25th June 2013 | 2013/1042 |
| Section 55(6) to (13) | 25th June 2013 | 2013/1042 |
| Section 55(14) (partially) | 25th June 2013 | 2013/1042 |
| Section 57 | 1st February 2014 | 2013/2981 |
| Schedule 1, paragraph 7 | 27th May 2013 | 2013/1042 |
| Schedule 1, so far as not already in force | 7th October 2013 | 2013/1682 |
| Schedule 2, paragraph, 1, 4 and 5 | 27th May 2013 | 2013/1042 |
| Schedule 2, so far as not already in force | 7th October 2013 | 2013/1682 |
| Schedule 3, paragraph 34 | 8th May 2013 | 2013/1042 |
| Schedule 3, so far as not already in force | 7th October 2013 | 2013/1682 |
| Schedule 4, paragraph 1 | 8th May 2013 | 2013/1042 |
| Schedule 4, so far as not already in force | 7th October 2013 | 2013/1682 |
| Schedule 5, paragraphs 5, 27, 28, 29 and 30 | 8th May 2013 | 2013/1042 |
| Schedule 5, paragraph 4 | 27th May 2013 | 2013/1042 |
| Schedule 5, so far as not already in force | 7th October 2013 | 2013/1682 |
| Schedule 6, paragraph 5(5) and (6) | 8th May 2013 | 2013/1042 |
| Schedule 6, so far as not already in force | 7th October 2013 | 2013/1682 |
| Schedule 7 | 7th October 2013 | 2013/1682 |
| Schedule 8, paragraphs 1 to 5 and 13 | 8th May 2013 | 2013/1042 |
| Schedule 8, paragraphs 101 to 103 | 27th May 2013 | 2013/1042 |
| Schedule 8, paragraphs 6 to 10, 12 to 100 and 104 to 190 | 7th October 2013 | 2013/1682 |
| Schedule 9, paragraphs 21 (except for sub-paragraph (3)), 27 and 30 | 1st October 2013 | 2013/1725 |
| Schedule 13, Parts 2, 6 and 7 | 15th July 2013 | 2013/1725 |
| Schedule 13, Part 3 | 4th September 2013 | 2013/2200 |
| Schedule 13, Parts 1 and 4 (partially) | 1st October 2013 | 2013/2200 |
| Schedule 14 | 1st October 2013 | 2013/2200 |
| Schedule 16, Parts 1 to 3 and 5 to 7, and so far as extending to the United Kingdom, Part 8 except paragraph 37 | 11th December 2013 | 2013/2981 |
| Schedule 20, paragraphs 16 to 29 | 29th July 2013 | 2013/1682 |
| Schedule 20, paragraphs 10 to 15, as to England and Wales | 29th July 2013 | 2013/1682 |
| Schedule 20, paragraphs 3 and 6 (partially) | 18th September 2013 | 2013/2349 |
| Schedule 20, Part 1, so far as not already in force as to England and Wales and Northern Ireland | 14th October 2013 | 2013/2349 |
| Schedule 20, Part 2, as to Northern Ireland | 14th October 2013 | 2013/2349 |
| Schedule 21, paragraphs 1 to 13 | 25th June 2013 | 2013/1042 |
| Schedule 21, paragraph 14 (partially) | 25th June 2013 | 2013/1042 |
| Schedule 21, paragraphs 19 and 30 to 38 | 25th June 2013 | 2013/1042 |
| Schedule 21, paragraphs 39 to 50 | 25th June 2013 | 2013/1042 |
These Rules were made by the Visitors to the Inns of Court; the version in force as at 7th January 2014 is the Hearings before the Visitors Rules 2010, updated on 1st November 2011. They can be found at https://www.barstandardsboard.org.uk/regulatory-requirements/the-code-of-conduct/annexes-to-the-code/annexe-m-hearings-before-the-visitors-rules/ or obtained from the Clerk to the Visitors, Royal Courts of Justice, Strand, London WC2A 2LL.
S.I. 2000/1119. There have been relevant amendments to Schedule 1 by S.I. 2009/1587.