Courts and Legal Services Act 1990

Specialisation schemes

6 (1) It shall be the duty of the Advisory Committee—

(a) to consider whether specialisation schemes should be established by any representative body in any particular area of legal services; and

(b) to keep under review specialisation schemes maintained by representative bodies.

(2) In this paragraph—

• “representative body” means a professional or other body which represents persons (whether or not barristers or solicitors) who offer to provide legal services; and

• “a specialisation scheme”, in relation to any representative body, means a scheme for recognising those members of the body who—

  (a)

  have undergone training relevant to the area of legal services to which the scheme relates;

  (b)

  have acquired expertise in that area; and

  (c)

  specialise in providing legal services in that area.

(3) Where the Advisory Committee considers that any specialisation scheme should be established it shall make the appropriate recommendation to the representative body concerned.

(4) The Advisory Committee shall give to the representative body concerned such advice (if any) as it considers appropriate with respect to any specialisation scheme maintained by that body.

(5) The Advisory Committee shall consider any proposed specialisation scheme which is referred to it by the representative body which proposes to establish it.

(6) Where the Advisory Committee has considered any such proposed scheme, it shall give such advice (if any) to the representative body concerned as it considers appropriate.

(7) In considering any such proposed scheme, the Advisory Committee shall have regard, in particular, to—

(a) the basis on which, and method by which, members of the representative body are chosen to participate in the scheme;

(b) the education, training and experience which are required in order for any person to provide the legal services in question at a satisfactory standard;

(c) whether that body is likely to be able to ensure that those requirements will be complied with in relation to members of the scheme; and

(d) whether that body is likely to be able to maintain and enforce satisfactory standards of conduct on the part of those who are members of the scheme.