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Tribunals, Courts and Enforcement Act 2007

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51“Relevant qualification” in section 50: further provisionE+W+S+N.I.

This section has no associated Explanatory Notes

(1)The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order.

(2)[F1awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).]

(3)An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it.

(4)Where—

(a)a qualification is specified under subsection (1),

(b)the qualification is one awarded by a body such as is mentioned in subsection [F2(2)], and

(c)[F3, for the purposes of the Legal Services Act 2007, the body—

(i)is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and

(ii)is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act),]

the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under [F4section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator).].

(5)For the purposes of section 50 and this section, a person shall be taken first to become a solicitor when the person's name is entered on the roll kept under section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all solicitors) for the first time after the person's admission as a solicitor.

(6)For the purposes of section 50 and this section, a person shall be taken first to become a barrister—

(a)when the person completes pupillage in connection with becoming a barrister, or

(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(7)For the purposes of section 50—

(a)a barrister,

(b)a solicitor, or

(c)a person who holds a qualification specified under subsection (1),

shall be taken not to have a relevant qualification at times when, as a result of disciplinary proceedings, he is prevented from practising as a barrister or (as the case may be) as a solicitor or as a holder of the specified qualification.

(8)The Lord Chancellor may by order make provision supplementing or amending subsections (5) to (7).

(9)Before making an order under subsection (1) or (8), the Lord Chancellor must consult—

(a)the Lord Chief Justice of England and Wales, and

(b)the Judicial Appointments Commission.

(10)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise his function under subsection (9)(a).

(11)In this section—

  • barrister” means barrister in England and Wales;

  • solicitor” means solicitor of the Senior Courts of England and Wales.

(12)Power to make an order under this section is exercisable by statutory instrument.

(13)An order under this section may make different provision for different purposes.

(14)No order may be made under this section unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.

(15)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in subsection (11) is to be read as a reference to the Supreme Court.

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Amendments (Textual)

Modifications etc. (not altering text)

C1S. 51(2)-(4) applied (with modifications) (21.7.2008) by 1939 c. xcvii, s. 109(5) (as inserted by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 2(3)); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

C3S. 51(9)(10) applied (with modifications) (21.7.2008) by 1939 c. xcvii, s. 109(5) (as inserted by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 2(3)); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

C5S. 51(12)-(14) applied (with modifications) (21.7.2008) by 1939 c. xcvii, s. 109(5) (as inserted by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 2(3)); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

Commencement Information

I1S. 51 wholly in force at 21.7.2008; s. 51 not in force at Royal Assent see s. 148; s. 51 in force for certain purposes at 19.9.2007 by S.I. 2007/2709, art. 2 and s. 51 in force at 21.7.2008 otherwise by S.I. 2008/1653, art. 2(a) (with arts. 3, 4)

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