Administration of Justice Act 1985 (c. 61)

SCHEDULES

Section 67(1).

SCHEDULE 7 Consequential Amendments

LEGAL AID ACT 1974 (c.4)

1 In section 12 (selection of solicitors and counsel)—

(a) in subsection (2), at the end add " , and has effect subject to any order under section 47(2) or (2B) of the Solicitors Act 1974 or section 42(1) of the Administration of Justice Act 1985 for the time being excluding a solicitor or counsel from selection under that subsection." ; and

(b) for subsection (6) substitute—

“(6) Notwithstanding subsection (1) above a solicitor who has been selected to act for a person under that subsection may himself select to act for that person, as the solicitor's agent, any other solicitor who is not for the time being excluded from selection under that subsection.”.

2 In section 22(1) (secrecy), at the end of paragraph (b) add “; or

(c) for the purpose of facilitating the proper performance by any tribunal of functions under—

(i) section 47 of the Solicitors Act 1974 (jurisdiction and powers of Solicitors Disciplinary Tribunal) hi connection with the making of such an order as is referred to in subsection (2A) or (2B) of that section, or

(ii) any of sections 41 to 43 of the Administration of Justice Act 1985 (legal aid complaints against barristers or solicitors).”

3 In section 38(1) (solicitors and counsel), for the words from " by virtue of " onwards substitute " from being so assigned by an order under section 42(1) of the Administration of Justice Act 1985 or section 47(2) or (2B) of the Solicitors Act 1974. "

SOLICITORS ACT 1974 (c.47)

4 In section 47(2) (jurisdiction and powers of Solicitors Disciplinary Tribunal), after " section 43 " insert " or 45(5A)".

5 In section 48(2) (orders of Tribunal), for " section 47(2)" substitute " subsection (2) of section 47, or was made under subsection (2B) of that section or under section 47A, " . ,

6 In section 49(3) (appeals from Tribunal), at the end add ", and an appeal against an order under section 47 excluding any person or persons from legal aid work (within the meaning of that section) shall lie only at the instance of any person so excluded."

COUNTY COURTS ACT 1984 (c.28)

7 In section 33 (effect of order of judge in probate proceedings)—

(a) omit " a judge of"; and

(b) for " him " substitute " the court".

8 In section 58(1) (persons who may take affidavits for use in county courts)—

(a) for " any person " substitute " a commissioner for oaths or any other person"; and

(b) omit the words from " or a solicitor " onwards.