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Courts and Legal Services Act 1990

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  • s. 13 repealed by 2007 c. 15 Sch. 16 para. 6 Sch. 23 Pt. 5
  • s. 58B inserted by 1999 c. 22 s. 28
  • Sch. 16 para. 24 repealed by 2010 c. 26 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. Sch. 4 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
  • Sch. 18 para. 25(6) repealed by 2010 c. 26 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. Sch. 4 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

SCHEDULES

F1SCHEDULE 1E+W+S+N.I.

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Amendments (Textual)

F3SCHEDULE 2E+W

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Amendments (Textual)

Section 21.

F4 SCHEDULE 3E+W+S+N.I. The Legal Services Ombudsman

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Amendments (Textual)

F5F5SCHEDULE 4E+W

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Amendments (Textual)

F83F83SCHEDULE 5E+W+S+N.I.

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Amendments (Textual)

F89F89SCHEDULE 6E+W

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Amendments (Textual)

F90F90SCHEDULE 7E+W

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Amendments (Textual)

Section 53.

SCHEDULE 8E+W Licensed Conveyancers [F91and Licensed CLC Practitioners]

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Amendments (Textual)

Part IE+W Additional Powers of Council for Licensed Conveyancers In Connection with Sections 27, 28, and 53

GeneralE+W

1In this Schedule—E+W

  • the M5Act of 1985” means the Administration of Justice Act 1985;

  • [F92“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;

  • F93...

  • F94...

  • relevant licence” means a licence under Part II of the Act of 1985 or an advocacy, litigation or probate licence.

  • [F95reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).]

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Amendments (Textual)

F93Words in Sch. 8 para. 1 omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(3)(b)(i); S.I. 2015/1402, art. 2(b)

F94Words in Sch. 8 para. 1 omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(3)(b)(ii); S.I. 2015/1402, art. 2(b)

F95Sch. 8 para. 1: definition of "reserved legal activity" inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(2)(d) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

Commencement Information

I32Sch. 8 Pt. 1 para. 1 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 1 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 1 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Marginal Citations

Qualification regulations and rules of conductE+W

2(1)For the purpose of exercising the powers conferred by section 53 the Council may make such qualification regulations and [F96conduct rules] as it considers appropriate in connection with the [F97carrying on of the reserved legal activities] in question.E+W

(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).

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Amendments (Textual)

F96Words in Sch. 8 para. 2(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(3)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F97Words in Sch. 8 para. 2(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(3)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

Commencement Information

I33Sch. 8 para. 2 wholly in force at 7.12.2004; Sch. 8 para. 2 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 para. 2 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Applications for licencesE+W

3(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.E+W

(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.

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Commencement Information

I34Sch. 8 Pt. 1 para. 3 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 3 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 3 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Issue of licencesE+W

4(1)If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that—E+W

(a)the applicant has complied with such qualification regulations, [F98conduct 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 [F99carry 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, [F100with 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.

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Amendments (Textual)

F98Words in Sch. 8 para. 4(1)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(4)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F99Words in Sch. 8 para. 4(1)(c) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(4)(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(iii) (with art. 9)

F100Words in Sch. 8 para. 4(3) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(4); S.I. 2015/1402, art. 2(b)

Commencement Information

I35Sch. 8 Pt. 1 para. 4 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 4 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 4 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Conditional licencesE+W

5(1)This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence—E+W

(a)for the first time;

[F101(b)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 [F102an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985] ;

[F103(d)after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 [F104(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 [F105(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)for restricting the kinds of [F106activities that may be carried on] by the applicant by virtue of his having the advocacy, litigation or probate licence in question; F107...

(b)[F108in 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 [F109carries on the additional activities] authorised by that licence[F110; 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) [F111or (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.

[F112(8)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.]

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Amendments (Textual)

F101Sch. 8 para. 5(1)(b) (ba) substituted for para. 5(1)(b) (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(a); S.I. 2015/1402, art. 2(b)

F102Words in Sch. 8 para. 5(1)(c) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(b); S.I. 2015/1402, art. 2(b)

F103Sch. 8 para. 5(1)(d) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F104Words in Sch. 8 para. 5(1)(d) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(c)(i); S.I. 2015/1402, art. 2(b)

F106Words in Sch. 8 para. 5(6)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(b)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F107Word in Sch. 8 para. 5(6) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(d); S.I. 2015/1402, art. 2(b)

F108Words in Sch. 8 para. 5(6)(b) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(e); S.I. 2015/1402, art. 2(b)

F109Words in Sch. 8 para. 5(6)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(5)(b)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F110Sch. 8 para. 5(6)(c) and word inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(5)(f); S.I. 2015/1402, art. 2(b)

Commencement Information

I36Sch. 8 Pt. 1 para. 5 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 5 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 5 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

Register of licensed conveyancersE+W

6(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.E+W

(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.

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Commencement Information

I37Sch. 8 Pt. 1 para. 6 wholly in force at 7.12.2004; Sch. 8 Pt. 1 para. 6 in force at 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.; Sch. 8 Pt. 1 para. 6 otherwise in force at 7.12.2004 by S.I. 2004/2950, art. 2

[F113Register of licensed CLC practitionersE+W

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Amendments (Textual)

F113Sch. 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.E+W

(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 conductE+W

7F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

[F115Effect of suspension or revocationE+W

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Amendments (Textual)

F115Sch. 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)

8Where a relevant licence ceases to be in force because of—E+W

(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 licenceE+W

F1169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Revocation on grounds of error or fraudE+W

F11710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Recognised bodiesE+W

11F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

PART IIE+W Amendments of Provisions Relating to Powers of Council Etc.

Delegation of powers etc.E+W

12(1)[F119The] 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—E+W

(a)by a committee of the Council; or

[F120(b)by a sub-committee of such a committee; or

(c)by an individual (whether or not a member of the Council's staff).]

[F121(1A)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.

[F122(3)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.

[F123(6)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.

[F124(10)This paragraph is subject to any provision to the contrary made by or under any enactment.]

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Amendments (Textual)

F119Words in Sch. 8 para. 12(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F120Sch. 8 para. 12(1)(b)(c) substituted (31.3.2009) for Sch. 8 para. 12(1)(b) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F121Sch. 8 para. 12(1A)-(1D) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

F123Sch. 8 para. 12(6)-(7B) substituted (31.3.2009) for Sch. 8 para. 12(6)(7) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 35(10)(e) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(ii)

Commencement Information

I38Sch. 8 para. 12 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Council’s intervention powersE+W

13F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Inadequate professional servicesE+W

14F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Inadequate professional services: steps that may be takenE+W

15F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Inadequate professional services: compensationE+W

16F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Inadequate professional services: failure to comply with directionE+W

17F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Inadequate professional services: feesE+W

18F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Inadequate professional services: costsE+W

19F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Duty of Discipline and Appeals CommitteeE+W

20F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Power to examine filesE+W

21(1)Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it—E+W

(a)alleging professional misconduct by a licensed conveyancer [F133or licensed CLC practitioner] ; or

(b)F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Council may give notice to [F135the 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 [F135the 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F133Words in Sch. 8 para. 21(1)(a) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(10)(a); S.I. 2015/1402, art. 2(b)

F134Sch. 8 para. 21(1)(b) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F135Words in Sch. 8 para. 21(1) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 13(10)(b); S.I. 2015/1402, art. 2(b)

Commencement Information

I39Sch. 8 para. 21 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Interest on clients’ moneyE+W

22Where a licensed conveyancer [F136or licensed CLC practitioner]E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I40Sch. 8 para. 22 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.

Full and limited licencesE+W

F13723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F137Sch. 8 para. 23 repealed (31.3.2009) by Planning Act 2008 (c. 29), Sch. 23 (with ss. 29, 192, 194); S.I. 2009/503, art. 2(f)(vi)(cc) (with art. 5)

Cases in which conditions may be attached to licencesE+W

24In 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)—E+W

(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.

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Commencement Information

I41Sch. 8 para. 24 in force 1.4.1991 (except in so far as it relates to certain exemptions under section 55) see s. 124(3) and S.I. 1991/608, art. 2, Sch.

F138F138SCHEDULE 9E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 71(2).

SCHEDULE 10E+W+S+N.I. Judicial and other Appointments

Appellate Jurisdiction Act 1876 (c. 59)E+W+S+N.I.

Lord of Appeal in OrdinaryE+W+S+N.I.

1In 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—E+W+S+N.I.

(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)E+W

Pensions Appeal TribunalE+W+S+N.I.

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.E+W+S+N.I.

(2)After that paragraph there shall be inserted—

2AFor 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)E+W

District RegistrarE+W

3F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

London Building Acts (Amendment) Act 1939 (c. xcvii)E+W

4F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Pensions Appeal Tribunals Act 1943 (c. 39)E+W+S+N.I.

F1645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Agriculture Act 1947 (c. 48)E+W

Agricultural Land TribunalE+W

6(1)In F165. . . Schedule 9 to the Agriculture Act 1947 F165. . . E+W

(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)." ”

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Amendments (Textual)

Lands Tribunal Act 1949 (c. 42)E+W+S+N.I.

Lands TribunalE+W+S+N.I.

7F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Wireless Telegraphy Act 1949 (c. 54)E+W+S+N.I.

8E+W+S+N.I.

[F167In 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," ”.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F167Sch. 10 para. 8 repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I 2003/3142, {art. 3(2)} (with art. 11)

National Health Service (Amendment) Act 1949 (c. 93)E+W+S

Arbitration committeeE+W+S

9In 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" ”.E+W+S

Courts-Martial Appeals Act 1951 (c. 46)E+W+S+N.I.

Judge Advocate of the FleetE+W+S+N.I.

10In 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— E+W+S+N.I.

(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 etcE+W+S+N.I.

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— E+W+S+N.I.

(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)E+W+S+N.I.

Chairman of disciplinary committeeE+W+S+N.I.

12In 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— E+W+S+N.I.

(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.))N.I.

County Court JudgeN.I.

13In 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—N.I.

“(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)E+W+S+N.I.

Charity CommissionerE+W+S+N.I.

F16814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F168Sch. 10 para. 14 repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99, Sch.7.

Professions Supplementary to Medicine Act 1960 (c. 66)E+W+S+N.I.

Assessor to disciplinary committeeE+W+S+N.I.

15In 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—E+W+S+N.I.

(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)E+W+S

Levy Appeal TribunalE+W+S

16In 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—E+W+S

(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)E

Judge of Consistory CourtE

17In 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," ”.E

Dean of the Arches and AuditorE

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," ”.E

(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 inquiryE

19In 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," ”.E

ExaminerE

20In 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" ”.E

Plant Varieties and Seeds Act 1964 (c. 14)E+W+S+N.I.

Plant Variety Rights TribunalE+W+S+N.I.

F16921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Police Act 1964 (c. 48)E+W+S

F17022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Hairdressers (Registration) Act 1964 (c. 89)E+W+S

Assessor to disciplinary committeeE+W+S

23In 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—E+W+S

(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)E+W+S+N.I.

The Common SerjeantE+W+S+N.I.

24F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Law Commissions Act 1965 (c. 22)E+W+S+N.I.

Law CommissionerE+W+S+N.I.

25In 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)" ”.E+W+S+N.I.

Commons Registration Act 1965 (c. 64)E+W

Commons CommissionerE+W

26F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F173Employment Tribunal] (England and Wales) Regulations 1965E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F173Words 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

[F174Employment tribunal] (S.I. 1965/1101.)E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F174Words 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 [F175Employment Tribunal] (England and Wales) Regulations 1965 (President of [F175Employment 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." ”E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F175Words in 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

Veterinary Surgeons Act 1966 (c. 36)E+W+S+N.I.

Assessor to disciplinary committeeE+W+S+N.I.

28In 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—E+W+S+N.I.

(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)E+W+S

Assessor to Disciplinary CommitteeE+W+S

F17629. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Taxes Management Act 1970 (c. 9)E+W+S+N.I.

Special CommissionerE+W+S+N.I.

30In 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— E+W+S+N.I.

(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)E+W+S+N.I.

Circuit JudgeE+W

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— E+W

(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 IAE+W 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 [F177Employment Tribunals] or chairman of such a tribunal appointed under the [F177Employment 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F177Words in Sch. 9 para. 31 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Recorder and Assistant RecorderE+W

32F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Misuse of Drugs Act 1971 (c. 38)E+W+S+N.I.

33In 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—E+W+S+N.I.

(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)E+W+S+N.I.

Immigration Appeal TribunalE+W+S+N.I.

F17934. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Friendly Societies Act 1974 (c. 46)E+W+S+N.I.

Assistant registrar of friendly societiesE+W+S+N.I.

35In 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." ”E+W+S+N.I.

Social Security Act 1975 (c. 14)E+W+S+N.I.

Social Security CommissionerE+W+S

F18036. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Social security appeal tribunal and medical appeal tribunalE+W+S

F18137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Farriers Registration Act 1975 (c. 35)E+W+S

Assessor to Disciplinary CommitteeE+W+S

38In 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—E+W+S

(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)E+W+S+N.I.

Arbitration TribunalE+W+S+N.I.

39In 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—E+W+S+N.I.

(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)E+W+S+N.I.

Aircraft and Shipbuilding Industries Arbitration TribunalE+W+S+N.I.

F18240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Insurance Brokers (Registration) Act 1977 (c. 46)E+W+S+N.I.

Assessor to Disciplinary CommitteeE+W+S+N.I.

41In 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—E+W+S+N.I.

(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)E+W+S+N.I.

42In 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," ”.E+W

Nurses, Midwives and Health Visitors Act 1979 (c. 36)E+W+S+N.I.

Assessors to the Central CouncilE+W+S+N.I.

F18343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Justices of the Peace Act 1979 (c. 55)E+W

Stipendiary MagistrateE+W

F18444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Justices’ ClerkE+W

F18545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F185Sch. 10 para. 45 repealed (19.6.1997) by 1997 c. 25, ss. 73(1). 74(1). Sch. 6 Pt. I (with Sch. 4 para. 27)

Social Security Act 1980 (c. 30)E+W+S+N.I.

Deputy Social Security CommissionerE+W+S+N.I.

F18646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F187Senior Courts Act 1981] (c. 54)E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F187Sch. 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 secretaryE+W

47In section 98(4) of the [F188Senior 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)" ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F188Sch. 10 para. 47: 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)

Conveyancing counselE+W

48In 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." ”E+W

Master, Registrar etcE+W

49F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Representation of the People Act 1983 (c. 2)E+W+S+N.I.

Election Court CommissionerE+W

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" ”.E+W

(2)In subsection (2) of that section—

(a)for the word “barrister" there shall be substituted “ person" ”;

(b)F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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" ”.

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Amendments (Textual)

Mental Health Act 1983 (c. 20)E+W+S+N.I.

Lord Chancellor’s Legal VisitorE+W

51In 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." ”E+W

Value Added Tax Act 1983 (c. 55)E+W+S+N.I.

VAT TribunalE+W+S+N.I.

F19152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Medical Act 1983 (c. 54)E+W+S+N.I.

Legal Assessor to CommitteesE+W+S+N.I.

53In 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—E+W+S+N.I.

(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)E

Appeal TribunalE

54In 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)" ”.E

Merchant Shipping Act 1984 (c. 5)E+W+S+N.I.

ArbitratorE+W+S+N.I.

F19255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Dentists Act 1984 (c. 24)E+W+S+N.I.

Assessor to committeesE+W+S+N.I.

56In 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—E+W+S+N.I.

(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)E+W+S+N.I.

District judgesE+W

57F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Data Protection Act 1984 (c. 35)E+W+S+N.I.

F19458. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)E+W+S+N.I.

Umpire hearing appeals from Reinstatement CommitteeE+W+S+N.I.

59In 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— E+W+S+N.I.

(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)E+W

Director of Public ProsecutionsE+W

60In 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." ”E+W

Crown ProsecutorsE+W

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)" ”.E+W

(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)E+W+S+N.I.

F19562. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Administration of Justice Act 1985 (c. 61)E+W+S+N.I.

Questions of constructionE+W

63In 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," ”.E+W

Assessor to Discipline and Appeals Committee of the Council of Licensed ConveyancersE+W

64F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Transport Act 1985 (c. 67)E+W+S+N.I.

Transport TribunalE+W+S

65For paragraph 2(2) of Schedule 4 to the Transport Act 1985 (president and chairman of Transport Tribunal) there shall be substituted—E+W+S

(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)E+W+S+N.I.

66In 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—E+W+S+N.I.

(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)E+W+S+N.I.

Insolvency Practitioners TribunalE+W

F19767. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Building Societies Act 1986 (c. 53)E+W+S+N.I.

68In 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—E+W+S+N.I.

(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)E+W+S+N.I.

69In 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—E+W+S+N.I.

(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)E+W

CoronerE+W

70In 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— E+W

(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)E+W+S+N.I.

Criminal Injuries Compensation BoardE+W+S

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— E+W+S

(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 justiceE+W+S+N.I.

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—E+W+S+N.I.

(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)E+W+S+N.I.

Copyright TribunalE+W+S+N.I.

73In 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— E+W+S+N.I.

(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)E+W+S+N.I.

F19874. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Opticians Act 1989 (c. 44)E+W+S+N.I.

Assessor to Disciplinary CommitteeE+W+S+N.I.

75In 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—E+W+S+N.I.

(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.

Section 75.

SCHEDULE 11E+W Judges etc Barred from Legal Practice

The following are the offices for the purposes of section 75—

  • [F199Judge 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

  • [F200Insolvency and Companies Court Judge]

  • Taxing Master of the [F201Senior Courts]

  • Registrar of Civil Appeals

  • [F202Senior 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 F203. . . Judge Advocate General

  • [F204 District Judge (Magistrates’ Courts)]

  • Social Security Commissioner F205. . .

  • [F206President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals]

  • [F207President of the Employment Tribunals (England and Wales) or member of a panel of [F208Employment Judges] established by regulations under section 1(1) of the M6Employment Tribunals Act 1996 for employment tribunals for England and Wales]

  • F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F212Member of the Charity Commission appointed as provided in Schedule 1 to the Charities Act 2011. ]

  • [F213Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ] .

  • [F214Member of a Pensions Appeal Tribunal]

  • F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F217Judge 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)

  • 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)

  • 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]

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Amendments (Textual)

F201Sch. 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)

F202Sch. 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)

F203Words 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

F204Entry 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)

F205Words 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)

F206Sch. 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)

F207Sch. 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

F212Words 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)

F214Entry 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)

F216Sch. 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)

F217Sch. 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)

Marginal Citations

Section 79(2).

SCHEDULE 12E+W Widowers’ Pensions: Transitional Provisions

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Commencement Information

I42Sch. 12 wholly in force; Sch. 12 not in force at Royal Assent see s. 124; in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.

The following are the provisions which are inserted in the 1981 Act as Part IV of Schedule 2—

Part IVE+W Widowers’ Pensions

GeneralE+W

24In 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 dateE+W

25Subject 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 dateE+W

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 dateE+W

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 1973E+W

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.

Prospective

Section 81.

SCHEDULE 13E+W+N.I. Transfer of Accrued Benefits

The following are the provisions which are inserted in the M7Judicial Pensions Act 1981, as Schedule 1A—

Schedule 1AE+W+N.I. Transfer of Accrued Benefits

Part IE+W+N.I. General

InterpretationE+W+N.I.

1[F218(1)] In this Schedule—

[F219“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.

[F220(2)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.]

RegulationsE+W+N.I.

2Regulations 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 valuesE+W+N.I.

3Part 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 IIE+W+N.I. Transfers Out

Qualifying membersE+W+N.I.

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 paymentE+W+N.I.

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 benefitE+W+N.I.

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 [F221insurers]

(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 equivalentsE+W+N.I.

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 exercisedE+W+N.I.

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 writingE+W+N.I.

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 optionE+W+N.I.

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 IIIE+W+N.I. Transfers In

Application to accept payment into schemeE+W+N.I.

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 [F222insurer], 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 requestE+W+N.I.

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.

RegulationsE+W+N.I.

13Regulations 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.

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Amendments (Textual)

F218Sch. 13: Para. 1 of inserted Sch. 1A renumbered para. 1(1) (1.12.2001) by S.I. 2001/3649, arts. 1, 326(2)

F219Sch. 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)

F220Sch. 13: Para. 1(2) inserted (1.12.2001) into inserted Sch. 1A by S.I. 2001/3649, arts. 1, 326(4)

F221Sch. 13: Word in para. 6(2)(c) of inserted Sch. 1A substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 326(5)

F222Sch. 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)

Marginal Citations

SCHEDULE 14E+W Foreign Lawyers: Partnerships and Recognised Bodies

Part IE+W Registration

GeneralE+W

1In this Schedule—E+W

  • the Act of 1974” means the Solicitors Act 1974;

  • F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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.

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Amendments (Textual)

F223Sch. 14 para. 1: definitions of "the Council" and "controlled trust" repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 127, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)(f)(vi)(dd)

Commencement Information

I43Sch. 14 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Application for registrationE+W

2(1)An application for registration or for renewal of registration—E+W

(a)shall be made to the Society in such form as the [F224Society] may prescribe; and

(b)shall be accompanied by such fee as the [F224Society] may, with the concurrence of [F225the Legal Services Board] , prescribe.

(2)Where such an application is duly made by a foreign lawyer, the [F226Society] may register the applicant if it is satisfied that the legal profession of which the applicant is a member is one which is so regulated as to make it appropriate[F227 for members of that profession to be managers of recognised bodies.]

(3)F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The [F224Society] may make regulations, with the concurrence of the [F229Legal Services Board] , with respect to—

(a)the keeping of the register (including [F230the 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.[F231 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).]

(5)F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F227Words in Sch. 14 para. 2(2) substituted (30.6.2008) for Sch. 14 para. 2(2)(a)(b) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(c)(ii) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

Modifications etc. (not altering text)

C3Sch. 14 para. 2(1)(a) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

C4Sch. 14 para. 2(1)(b) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(1) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

C5Sch. 14 para. 2(3) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

C7Sch. 14 para. 2(5) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

Commencement Information

I44Sch. 14 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

[F2332A(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.E+W

(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.]

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Amendments (Textual)

Duration of registrationE+W

3(1)Every registration shall have effect from the beginning of the day on which it is entered in the register.E+W

(2)The [F234Society] 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 [F234Society] considers expedient.

(4)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.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I45Sch. 14 para. 3 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Evidence as to registrationE+W

4Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer—E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 14 para. 4 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Part IIE+W Registered Foreign Lawyers:Supplementary Provisions

Intervention in practicesE+W

5(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.E+W

(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 [F235Society 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 F236. . . ;

(b)in the case of a registered foreign lawyer who has died, the [F235Society 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 F236. . . ;

[F237(ba)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 [F238Society 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;

[F239(ea)the Society is satisfied that he has abandoned his practice;]

[F240(f)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 [F241Society 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 [F242a manager] of a recognised body which is so approved; or

(iii)he may only be such a member or such [F242a manager].

[F243(j)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)F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)[F245the 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 [F246trust] ;

(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 [F247Society 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.

[F248(10)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).]

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Amendments (Textual)

Commencement Information

I47Sch. 14 para. 5 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Compensation FundE+W

[F2496Section 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—E+W

(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;.]

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Amendments (Textual)

Commencement Information

I48Sch. 14 para. 6 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Contributions to the FundE+W

[F2507Section 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.]E+W

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Amendments (Textual)

Commencement Information

I49Sch. 14 para. 7 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Accountants’ reportsE+W

[F2518Section 34 of the Act of 1974 applies in relation to registered foreign lawyers as it applies in relation to solicitors.]E+W

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I50Sch. 14 para. 8 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Certification for purposes of investment businessE+W

F2529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F252Sch. 14 para. 9 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 327

Effect of bankruptcyE+W

10(1)The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order.E+W

(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.

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Commencement Information

I51Sch. 14 para. 10 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Effect of disciplinary actionE+W

11(1)Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended.E+W

(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.

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Commencement Information

I52Sch. 14 para. 11 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Re-instatement of disciplined foreign lawyerE+W

12(1)Where a person’s registration has been suspended by virtue of paragraph 11, it shall be revived—E+W

(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.

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Commencement Information

I53Sch. 14 para. 12 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Effective date of revived registrationE+W

13Where 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.E+W

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Commencement Information

I54Sch. 14 para. 13 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Appeal against conditions or refusalsE+W

14(1)Any foreign lawyer may appeal to the [F253High Court] against—E+W

(a)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;

(c)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; F254. . .

(d)any condition imposed by the Society under paragraph [F2552A], 12(2) or 13 [F256; or—

(e)a decision of the Society to remove his name from the register.]

(2)F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)On an appeal F258. . . under this paragraph, the [F259High Court] may make such order as [F260it] thinks fit.

[F261(4)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.]

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I55Sch. 14 para. 14 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Jurisdiction and powers of Disciplinary TribunalE+W

15(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.E+W

(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.

[F262(3A)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 F263. . . , 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)F264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I56Sch. 14 para. 15 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Foreign lawyers assisting the TribunalE+W

16(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.E+W

(2)Rules under sub-paragraph (1) shall not be made without the concurrence of the [F265Legal 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.

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Amendments (Textual)

Commencement Information

I57Sch. 14 para. 16 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Appeals from TribunalE+W

17(1)An Appeal from the Tribunal shall[F266 lie to the High Court].E+W

(2)The High Court F267. . . shall have power to make such order on an appeal under this paragraph as [F268it] may think fit.

(3)Any decision [F269of 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)F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I58Sch. 14 para. 17 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Section 93(3).

F271 SCHEDULE 15E+W Inadequate Professional Services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 116.

SCHEDULE 16E+W+S+N.I. Children Act 1989

Part IE+W+S+N.I. Amendment of Act and Other Enactments Affected

1In this Part of this Schedule “the Act of 1989” means the M8Children Act 1989.E+W

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Commencement Information

I59Sch. 16 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

Marginal Citations

The Civil Evidence Act 1968 (c. 64)E+W

2(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—E+W

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.

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Commencement Information

I60Sch. 16 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

The Family Law Reform Act 1969 (c. 46)E+W

F2723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Children and Young Persons Act 1969 (c. 54)E+W+S+N.I.

F2734. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F2745. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Administration of Justice Act 1970 (c. 31)E+W

6(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 E+W

(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.

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Commencement Information

I61Sch. 16 para. 6 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

The Adoption Act 1976 (c. 36)E+W

F2757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Child Care Act 1980 (c. 5)E+W

8After 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—E+W

(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.

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Commencement Information

I62Sch. 16 para. 8 wholly in force at 1.1.1991 see s. 124(3) and S.I 1990/2484, art. 2, Sch.

The Education Act 1981 (c. 60)E+W

9(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" ”.E+W

(2)That amendment shall be deemed to have been incorporated in section 3A(1) as originally enacted.

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Commencement Information

I63Sch. 16 para. 9 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

The Children Act 1989 (c. 41)E+W+S+N.I.

10(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 M9Family Law Reform Act 1969" ”.E+W

(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.

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Commencement Information

I64Sch. 16 para. 10 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

Marginal Citations

11In 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" ”.E+W

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Commencement Information

I65Sch. 16 para. 11 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

12(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" ”.E+W

(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.

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Commencement Information

I66Sch. 16 para. 12 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

13At the end of section 24 of the Act of 1989 (advice and assistance) there shall be added the following subsections—E+W

(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.

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Commencement Information

I67Sch. 16 para. 13 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

14In section 27 of the Act of 1989 (co-operation between authorities)—E+W

(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” ”F276. . . .

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Amendments (Textual)

Commencement Information

I68Sch. 16 para. 14 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

15In 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" ”.E+W

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Commencement Information

I69Sch. 16, para. 15 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

16In 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" ”.E+W

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Commencement Information

I70Sch. 16 para. 16 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

F27717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

18(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.E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 16 para. 18 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

19For section 45(10) of the Act of 1989 (appeals against emergency protection orders) there shall be substituted—E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 16 para. 19 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art.3, Sch.

20F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

21F279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

22In section 93(2) of the Act of 1989 (rules of court)—E+W

(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" ”.

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Commencement Information

I73Sch. 16 para. 22 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

F28023. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F280Sch. 16 para. 23 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

24In 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" ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 16 para. 24 wholly in force at 14.10.1991 see s. 124(3) and S.I 1991/1883, art. 3, Sch.

25In 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.E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 16 para. 25 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

26In 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—E+W

(d)the records to be kept by local authorities.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I76Sch. 16 para. 26 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

27In Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I77Sch. 16 para. 27 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

28(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.E+W

(2)In paragraph 1(6)(b)(i) of that Schedule, the words “as a voluntary home” shall be omitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I78Sch. 16 para. 28 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

29In 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" ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I79Sch. 16 para. 29 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

30(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.E+W

(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" ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80Sch. 16 para. 30 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

31In 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I81Sch. 16 para. 31 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

32In Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I82Sch. 16 para. 32 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

33(1)Schedule 14 to the Act of 1989 (transitionals and savings) shall be amended as follows.E+W+N.I.

(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 careE+W+N.I.

16AWhere 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)" ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 16 para. 33 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Part IIE+W+S+N.I. Further Consequential Amendments

The Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

34In section 15(1)(a) of the Maintenance Orders Act 1950 (service of process), for sub-paragraphs (iii) and (iv) there shall be substituted—E+W+S

(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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 16 para. 34 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

35In section 16(2)(a) of that Act (application of Part II)—E+W+S+N.I.

(a)for sub-paragraph (iii) there shall be substituted—

(iii)Schedule 1 to the Children Act 1989; and

(b)in sub-paragraph (v), for the words “section 47 of the M10Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the M11Children Act 1989" ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 16 para. 35 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Marginal Citations

The Social Work (Scotland) Act 1968 (c. 49)E+W+S

36In 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" ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 16 para. 36 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Administration of Justice Act 1970 (c. 31)E+W

37(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—E+W

4An 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 16 para. 37 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Attachment of Earnings Act 1971 (c. 32)E+W

38In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which Act of 1971 applies) for paragraph 5 there shall be substituted—E+W

5An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 16 para. 38 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

39F281(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F281(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

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Amendments (Textual)

Commencement Information

I89Sch. 16 para. 39 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

The Magistrates’ Courts Act 1980 (c. 43)E+W

40In section 65(1) of the Magistrates’ Courts Act 1980 (meaning of family proceedings), paragraph (k) shall be omitted.E+W

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Commencement Information

I90Sch. 16 para. 40 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

The Civil Jurisdiction and Judgments Act 1982 (c. 27)E+W+S+N.I.

41In 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—E+W+S+N.I.

(b)any order which is a Part I order for the purposes of the Family Law Act 1986.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 16 para. 41 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

The Mental Health Act 1983 (c.20)E+W+S

42In section 116(2) of the Mental Health Act 1983 (visiting of patients who are children) for paragraph (a) there shall be substituted—E+W+S

(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;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 16 para. 42 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art.3, Sch.

Section 125(2).

SCHEDULE 17E+W+S+N.I. Minor Amendments

The Naval Agency and Distribution Act 1864 (c. 24)E+W+S+N.I.

1F282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F282Sch. 17 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

The Land Registration Act 1925 (c. 21)E+W

2F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Administration of Justice Act 1956 (c. 46)E+W+S+N.I.

3F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F284Sch. 17 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

The Powers of Attorney Act 1971 (c. 27)E+W+N.I.

4F285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Attachment of Earnings Act 1971 (c. 32)E+W

Prospective

5In section 6 of the Attachment of Earnings Act 1971 (effect of attachment of earnings order), the following subsections shall be added at the end—E+W

(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.

6In 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—E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 17 para. 6 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

The Juries Act 1974 (c. 23)E+W

7F286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Solicitors Act 1974 (c. 47)E+W

8F287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

9F288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F288Sch. 17 para. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

10F289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Magistrates’ Courts Act 1980 (c. 43)E+W+N.I.

F29011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The [F291Senior Courts Act 1981] (c. 54)E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F291Sch. 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)

12In section 5(3) of the [F292Senior 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" ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F292Sch. 17 para. 12: 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)

13In 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 E+W

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 17 para. 13 wholly in force at 1. 4.1991 see s. 124(3) and S.I. 1991/608, art. 2, Sch.

The County Courts Act 1984 (c. 28)E+W+N.I.

14F293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

15In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted—E+W

(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.

16In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end—E+W

(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.

17In 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" ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 17 para. 17 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

18F294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F294Sch. 17 para. 18 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

Prospective

The Legal Aid Act 1988 (c. 34)E+W

F29519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)E+W

20F296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 125(3).

SCHEDULE 18E+W+N.I. Consequential Amendments

The Public Records Act 1958 (c. 51)E+W+S+N.I.

1(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—E+W+S+N.I.

F297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Legal Services Ombudsman

The Lord Chancellor’s Advisory Committee on Legal Education and Conduct.

(2)F298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I96Sch. 18 para. 1 in force for certain purposes at 1. 4. 1991 see s. 124(3) and S.I. 1991/608, art. 2

The Tribunals and Inquiries Act 1971 (c. 62)E+W+N.I.

F2992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Matrimonial Causes Act 1973 (c.18)E+W+N.I.

3In 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." ”.E+W

Prospective

The Fair Trading Act 1973 (c.41)E+W+N.I.

4F300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Juries Act 1974 (c. 23)E+W

5F301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

The Consumer Credit Act 1974 (c.39)E+W+N.I.

6F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Solicitors Act 1974 (c. 47)E+W+N.I.

7In 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 E+W

(c)of an order under section 47(2)(h) for the restoration of a person’s name to the roll,.

8In section 8 of that Act (removal or restoration of name at solicitor’s request), the following subsection shall be inserted after subsection (2)—E+W

(2A)Subsection (2) does not apply to a former solicitor with respect to whom a direction has been given under section 47(2)(g).

9F303. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

10F304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

11F305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

12F306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

13In section 32 of that Act (accounts rules and trust account rules), the following subsection shall be inserted after subsection (5)—E+W

(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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 18 para. 13 wholly in force at 1.6.1992 see s. 124 and S.I. 1992/1221, art. 2,Sch.

14In section 41 of that Act (employment by solicitor of person struck off or suspended), the following subsection shall be inserted after subsection (1)—E+W

(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.

15In section 42 of that Act (failure to disclose certain facts to solicitor employer), the following subsection shall be inserted after subsection (1)—E+W

(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.E+W

(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" ”.

17In 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); ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 18 para. 17 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

18F307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

The Restrictive Trade Practices Act 1976 (c.34)E+W+N.I.

19In 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)—E+W+N.I.

(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)E+W+N.I.

20F308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)E+W

F30921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

The Estate Agents Act 1979 (c.38)E+W+N.I.

22F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

The Competition Act 1980 (c.21)E+W+N.I.

23F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Social Security Act 1980 (c. 30)E+W+N.I.

F31224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Magistrates’ Courts Act 1980 (c.43)E+W+N.I.

25(1)The Magistrates’ Courts Act 1980 shall be amended as follows.E+W

(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);

F313(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

there shall be substituted “ legal representative" ”.

F315(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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" ”.

F316(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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