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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

Barristers and solicitors

44Barristers employed by solicitors etc

(1)Where a barrister is employed by—

(a)a solicitor or other authorised litigator (within the meaning of the [1990 c. 41.] Courts and Legal Services Act 1990), or

(b)a body recognised under section 9 of the [1985 c. 61.] Administration of Justice Act 1985 (incorporated solicitors' practices),

any rules of the General Council of the Bar which impose a prohibition or limitation on the provision of legal services shall not operate to prevent him from providing legal services to clients of his employer if either of the conditions specified in subsection (2) is satisfied.

(2)Those conditions are—

(a)that the prohibition or limitation is on the provision of the services otherwise than on the instructions of a solicitor (or other person acting for the client), and

(b)that the prohibition or limitation does not apply to barristers who provide legal services but are not employees.

45Fees on application for appointment as Queen’s Counsel

(1)A person who applies to the Lord Chancellor to be recommended for appointment as Queen’s Counsel in England and Wales shall pay a fee to the Lord Chancellor.

(2)The amount of the fee shall be specified by order made by the Lord Chancellor; and in determining that amount the Lord Chancellor shall have regard to the expenses incurred by him in considering such applications.

(3)An order under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)This section does not affect section 9 of the [1874 c. 81.] Great Seal (Offices) Act 1874 (under which fees are charged in respect of the grant of Letters Patent under the Great Seal for appointment as Queen’s Counsel).

46Bar practising certificates

(1)If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a “practising certificate”), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates.

(2)Rules made by virtue of subsection (1)—

(a)may provide for the payment of different fees by different descriptions of applicants, but

(b)may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of the regulation, education and training of barristers and those wishing to become barristers.

(3)The Lord Chancellor may by order made by statutory instrument—

(a)amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the Lord Chancellor considers appropriate, or

(b)vary or revoke an order under paragraph (a).

(4)No order shall be made under subsection (3) unless—

(a)the Lord Chancellor has consulted the Council, and

(b)a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the Lord Chancellor.

(6)The Council shall provide the Lord Chancellor with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.

47Fees for solicitors' practising certificates

(1)The Lord Chancellor may by order made by statutory instrument amend section 11(3) of the [1974 c. 47.] Solicitors Act 1974 (power of Law Society to apply fees payable on issue of practising certificates for any of its purposes) by substituting for the purposes referred to in it (at any time)—

(a)the purposes of the regulation, education and training of solicitors and those wishing to become solicitors, or

(b)both those purposes and such other purposes as the Lord Chancellor considers appropriate.

(2)No order shall be made under this section unless—

(a)the Lord Chancellor has consulted the Master of the Rolls and the Law Society, and

(b)a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

48Law Society’s powers in relation to conduct of solicitors etc

Schedule 7 (which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.

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