Courts and Legal Services Act 1990

The Legal Aid Act 1988 (c. 34)

59 The Legal Aid Act 1988 shall be amended as follows.

60 The following entries shall be inserted in the appropriate places in section 43 (definitions)—

““authorised body” has the meaning assigned by section 119(1) of the Courts and Legal Services Act 1990;”

““legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;”.

61 (1) In section 2(6), for the words “is only by persons who are solicitors or barristers” there shall be substituted “shall only be by legal representatives”.

(2) For section 2(7) there shall be substituted—

“(7) Subject to section 59 of the Courts and Legal Services Act 1990, regulations—

(a) may prescribe the circumstances in which representation shall be only by one legal representative and may require him to be from a prescribed category;

(b) may regulate representation by more than one legal representative from any one or more prescribed categories.

(7A) If it is satisfied that the circumstances of a particular case in the Supreme Court or the House of Lords warrant a direction under this subsection, the Board or, in the case of criminal proceedings the competent authority, may direct that representation in that case shall be by one legal representative.

(7B) In subsection (7A), “competent authority” shall be construed in accordance with section 20.”

(3) In section 10, in subsections (1)(b) and (3)(a), for the word “counsel” in each place where it occurs, there shall be substituted “an additional legal representative”.

(4) In section 15(6), for the words “solicitor for acting for him and to pay any fees of counsel for so acting” there shall be substituted “legal representative”.

(5) In section 26(2), for the words “same as the solicitor” there shall be substituted “one”.

62 (1) In section 31—

(a) in subsection (1)(a), for the words “counsel, solicitor” there shall be substituted “the legal representative”;

(b) in subsection (2), for the words “solicitor shall be treated as having paid counsel’s fees” there shall be substituted “legal representative shall be treated as having paid the fees of any additional legal representative instructed by him”.

(2) In section 32—

(a) in subsection (1), for the words from “select” to “willing” there shall be substituted “select the legal representative to advise, assist or act for him from among the legal representatives willing”;

(b) in subsection (2), for the words from “a solicitor or” to the end there shall be substituted “one or more legal representatives or direct that he may only select a legal representative from among those with whom such a contract subsists.”;

(c) in subsection (8), for the words “solicitor or counsel or solicitor and counsel” there shall be substituted “one or more legal representatives”;

(d) the following subsection shall be substituted for subsection (9)—

“(9) None of the following persons may be selected or assigned under this section—

(a) a solicitor who is for the time being excluded from legal aid work under section 47(2) of the [1974 c. 47.] Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal);

(b) a barrister excluded from such work under section 42 of the [1985 c. 61.] Administration of Justice Act 1985 (exclusion of barristers from legal aid work);

(c) any other legal representative excluded from such work for disciplinary reasons by an authorised body.”

63 (1) For the words—

(a) “counsel or a solicitor” in each place where they occur in sections 14(3), 31(1)(a) and 38(6); and

(b) “solicitor or counsel” in the first place where they occur in section 32(6),

there shall be substituted “a legal representative”.

(2) In sections 16(8), 32(10) and 34(8)(b), for the word “solicitor's” in each place where it occurs, there shall be substituted “legal representative's”.

(3) For the words—

(a) “solicitor or counsel” in sections 2(4), 16(9), 32(3) and 32(6);

(b) “counsel or solicitor” in sections 25(2) and 32(5);

(c) “solicitor and counsel” in sections 31(2);

(d) “solicitor or his firm” in section 10(3),

in each of the remaining places where they occur, there shall be substituted “legal representative”.

(4) In each of the remaining places where it occurs in sections 9(5), 9(6), 9(7), 10(1), 11(2), 11(3), 15(7), 15(8), 25(2), 26(2) and 32(10), for the word “solicitor” there shall be substituted “legal representative”.

(5) For the words—

(a) “solicitors” in section 32(7);

(b) “solicitors and counsel” in section 34(2)(e);

(c) “barristers and solicitors” in section 34(9);

(d) “barristers or solicitors” in section 38(1)(f),

in each place where they occur, there shall be substituted “legal representatives”.