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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

42Overriding duties of advocates and litigators

This section has no associated Explanatory Notes

(1)In section 27 of the [1990 c. 41.] Courts and Legal Services Act 1990 (rights of audience), after subsection (2) insert—

(2A)Every person who exercises before any court a right of audience granted by an authorised body has—

(a)a duty to the court to act with independence in the interests of justice; and

(b)a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.

(2)In section 28 of that Act (rights to conduct litigation), after subsection (2) insert—

(2A)Every person who exercises in relation to proceedings in any court a right to conduct litigation granted by an authorised body has—

(a)a duty to the court to act with independence in the interests of justice; and

(b)a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.

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