C1 Part III Provision of legal services
Rights of audience and rights to conduct litigation
36 Barristers and solicitors.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Rights of audience: employed advocates.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38 Employees of Legal Services Commission.
In the Courts and Legal Services Act 1990, after section 31A (inserted by section 37 above) insert—
31B Advocates and litigators employed by Legal Services Commission.
1
Where a person who has a right of audience or right to conduct litigation granted by an authorised body is employed by the Legal Services Commission, or by any body established and maintained by the Legal Services Commission, any rules of the authorised body which fall within subsection (2) shall not have effect in relation to him.
2
Rules of a body fall within this subsection if they are—
a
rules of conduct prohibiting or limiting the exercise of the right on behalf of members of the public by members of the body who are employees; or
b
rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the body,
and either of the conditions specified in subsection (3) is satisfied.
3
Those conditions are—
a
that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public); and
b
that the rules do not impose the same prohibition or limitation on members of the body who have the right but are not employees.
39 Rights of audience: change of authorised body.
In the M1Courts and Legal Services Act 1990, after section 31B (inserted by section 38 above) insert—
31C Change of authorised body.
1
Where a person—
a
has at any time had, and been entitled to exercise, a right of audience before a court in relation to proceedings of any description granted by one authorised body; and
b
becomes a member of another authorised body and has a right of audience before that court in relation to that description of proceedings granted by that body,
any qualification regulations of that body relating to that right shall not have effect in relation to him.
2
Subsection (1) does not apply in relation to any qualification regulations to the extent that they impose requirements relating to continuing education or training which have effect in relation to the exercise of the right by all members of the body who have the right.
3
Subsection (1) does not apply to a person if he has been banned from exercising the right of audience by the body mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that body has not lifted the ban.
40 Rights to conduct litigation: barristers and legal executives.
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Authorised bodies: designation and regulations and rules.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42 Overriding duties of advocates and litigators.
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I143 Minor and consequential amendments.
Schedule 6 (which makes minor and consequential amendments relating to rights of audience and rights to conduct litigation) has effect.
Pt. 3: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)