Part IIIE+W Procedure

Right of audienceE+W

61 Right of audience by direction of Lord Chancellor.E+W

(1)The Lord Chancellor may [F1, with the concurrence of the Lord Chief Justice,] at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in [F2the county court] , or in proceedings in [F2the county court] of such description as may be so specified.

(2)In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a [F3legal representative]whether in private practice or not.

(3)A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects [F4 every place where the county court sits or] as respects one or more specified places where [F2the county court] sits.

[F5(3A)Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.]

(4)The power to give directions conferred by this section includes a power to vary or rescind any direction given under this section.

[F6(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F2Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4Words in s. 61(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(18); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5S. 61(3A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 69; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)