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Courts and Legal Services Act 1990

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71 Qualification for judicial and certain other appointments.U.K.

(1)In section 10(3) of the M1[F1Senior Courts Act 1981]

(a)in paragraph (b) (qualification for appointment as Lord Justice of Appeal) for the words “unless he is a barrister of at least fifteen years’ standing or a judge of the High Court” there shall be substituted— unless—

(i)he has a 10 year High Court qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii)he is a judge of the High Court;;

(b)in paragraph (c) (qualification for appointment as puisne judge of the High Court) for the words “unless he is a barrister of at least ten years’ standing” there shall be substituted— unless—

(i)he has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii)he is a Circuit judge who has held that office for at least 2 years.

(2)Schedule 10 shall have effect for the purpose of making amendments to other enactments, measures and statutory instruments which relate to qualification for judicial and certain other appointments.

(3)For the purposes of this section, a person has—

(a)a ” [F2Senior Courts] qualification" if he has a right of audience in relation to all proceedings in the [F2Senior Courts];

(b)a “High Court qualification” if he has a right of audience in relation to all proceedings in the High Court;

(c)a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the [F2Senior Courts], or all proceedings in county courts or magistrates’ courts;

(d)a “Crown Court qualification” if he has a right of audience in relation to all proceedings in the Crown Court;

(e)a “county court qualification” if he has a right of audience in relation to all proceedings in [F3the county court];

(f)a “magistrates’ court qualification” if he has a right of audience in relation to all proceedings in magistrates’ courts.

(4)References in subsection (3) to a right of audience are references to a right of audience [F4exercisable by virtue of an authorisation given by a relevant approved regulator].

(5)Any reference in any enactment, measure or statutory instrument to a person having such a qualification of a particular number of years’ length shall be construed as a reference to a person who—

(a)for the time being has that qualification, and

(b)has had it for a period (which need not be continuous) of at least that number of years.

[F5(6)Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by [F6the relevant approved regulator] from exercising it shall not count towards the period mentioned in subsection (5)(b).]

[F7(6A)In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 71: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F3Words in s. 71(3)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 35; 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. 71(4) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F5S. 71(6) substituted (27.9.1999) by 1999 c. 22, s. 43, Sch. 6 paras. 4, 9 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F6Words in s. 71(6) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Modifications etc. (not altering text)

C1S. 71 applied (E.W.S.) (17.6.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 54 (with s. 9(2)); S.I. 1992/1431, art. 2, Sch.

C4S. 71 applied (1.3.2000) by S.I. 2000/261, rule 2(2)(a)

C5S. 71 applied (28.4.2003) by 2002 c. 9, ss. 107, 136(2), Sch. 9 para. 4(2) (with s. 129); S.I. 2003/1028, art. 2

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