Courts and Legal Services Act 1990

the Advisory Committee may, with the approval of the Lord Chancellor, make provision for him to continue to participate in that scheme, on such terms and conditions as it may with the consent of the Lord Chancellor determine, as if his service as a member were service as a member of the Advisory Committee’s staff; and any such provision shall be without prejudice to paragraph 7.

• (5) The consent of the Treasury shall be required for the giving of any approval under this paragraph.

Accounts and audit

9

• (1) The Advisory Committee shall keep accounts and shall prepare a statement of accounts (the “statement") in respect of each financial year.

• (2) The accounts shall be kept, and the statement shall be prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct.

• (3) The accounts shall be audited by persons to be appointed in respect of each financial year by the Lord Chancellor in accordance with a scheme of audit approved by him.

• (4) The auditors shall be furnished by the Advisory Committee with copies of the statement and shall prepare a report to the Lord Chancellor on the accounts and statement.

• (5) No person shall be appointed as auditor under this paragraph unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or is a member of the Chartered Institute of Public Finance and Accountancy.

• (7) On completion of the audit of the accounts, the auditors shall send to the Lord Chancellor a copy of the statement and of their report.

• (8) The Lord Chancellor shall send a copy of the statement and of the report to the Comptroller and Auditor General.

• (9) The Lord Chancellor and the Comptroller and Auditor General may inspect the Advisory Committee’s accounts and any records relating to them.

• (10) The Lord Chancellor shall lay before each House of Parliament a copy of every statement and report sent to him under this paragraph.

• (11) In this paragraph “financial year” means—

• (a) the period beginning with the day on which the Advisory Committee is established and ending with the following 31st March; and

• (b) each subsequent period of twelve months ending with 31st March.

Grants to the Advisory Committee

10

• (1) The Lord Chancellor may, with the approval of the Treasury, make to the Advisory Committee out of money provided by Parliament grants of such amounts as he thinks fit.

• (2) The payment by the Lord Chancellor of a grant under this paragraph shall be on such terms as he may, with the approval of the Treasury, provide.

Annual report of Advisory Committee

11

• (1) The Advisory Committee shall submit to the Lord Chancellor an annual report on the discharge of its functions.

• (2) The Lord Chancellor shall lay the Advisory Committee’s annual report before each House of Parliament.

Immunity for advice and reports

12

For the purposes of the law of defamation, the publication of any advice or report by the Advisory Committee in the exercise of any of its functions shall be absolutely privileged.

Parliamentary disqualification etc.

13

• (1) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place— “ The Lord Chancellor’s Advisory Committee on Legal Education and Conduct ”.

• (2) The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

SCHEDULE 2

Education and training: general

1

• (1) The Advisory Committee shall—

• (a) keep under review the education and training of those who offer to provide legal services;

• (b) consider the need for continuing education and training for such persons and the form it should take; and

• (c) consider the steps which professional and other bodies should take to ensure that their members benefit from such continuing education and training.

• (2) The Advisory Committee shall give such advice as it thinks appropriate with a view to ensuring that the education and training of those who offer to provide legal services is relevant to the needs of legal practice and to the efficient delivery of legal services to the public.

• (3) The Advisory Committee’s duties under this paragraph shall extend to all stages of legal education and training.

Training in advocacy

2

The Advisory Committee shall—

• (a) consider what form of initial academic and practical training is necessary to ensure that those who qualify as persons entitled to exercise rights of audience are adequately trained under supervision (whether by their chambers or firms or otherwise); and

• (b) consider the extent to which further training for persons exercising such rights is necessary.

Training in the conduct of litigation

3

The Advisory Committee shall—

• (a) consider what form of initial academic and practical training is necessary to ensure that those who qualify as persons entitled to exercise rights to conduct litigation are adequately trained under supervision (whether by their firms or otherwise); and

• (b) consider the extent to which further training for persons exercising such rights is necessary.

Practical training in other areas

4

The Advisory Committee may consider what form of practical training is necessary in other areas concerned with the provision of legal services.

General advisory functions

5

• (1) The Advisory Committee may make such recommendations with regard to any matters which it is required to keep under review or consider as it thinks appropriate.

• (2) Any such recommendation may be made—

• (a) by being included in the Advisory Committee’s annual report;

• (b) by being addressed to any professional body or group of professional bodies; or

• (c) in such other manner as it thinks fit.

• (3) The Advisory Committee may from time to time give advice to the General Council of the Bar, the Law Society and other authorised bodies on all aspects of their qualification regulations and rules of conduct, whether or not relating to advocacy or the conduct of litigation.

• (4) Any body—

• (a) to which a recommendation under this paragraph is addressed; or

• (b) which is given advice by the Advisory Committee under sub-paragraph (3),

shall have regard to it to the extent that it applies in relation to matters connected with advocacy or the conduct of litigation.

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.

Persons with special needs

7

In discharging its functions under this Schedule, the Advisory Committee shall have regard to the need for the efficient provision of legal services for persons who face special difficulties in making use of those services, including in particular special difficulties in expressing themselves or in understanding.

SCHEDULE 3

Provision for discharge of functions

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual and other reports

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts and audit

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary disqualification et ceteralaetc.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acting Ombudsman

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Part I — Designation of bodies and approval of regulations and rules

1

• (1) If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Secretary of State in writing for him—

• (a) to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

• (b) to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights.

• (2) An application under this paragraph shall be accompanied by—

• (a) a statement of the proposed rights;

• (b) the proposed qualification regulations and rules of conduct; and

• (c) such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

• (3) The applicant shall provide the Secretary of State with such additional information as he may reasonably require.

• (4) The Secretary of State shall send a copy of—

• (a) the application and accompanying material; and

• (b) any information provided under sub-paragraph (3),

to the Consultative Panel, the OFT and each of the designated judges.

Submission to Lord Chancellor

2

• (1) The Consultative Panel shall consider whether the application should be granted.

• (2) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

• (3) When the Consultative Panel has completed its consideration it shall give such advice to the Secretary of State as it thinks fit.

• (4) The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of the Director General of Fair Trading

3

• (1) The OFT shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

• (2) The applicant shall provide the OFT with such additional information as itmay reasonably require.

• (3) When the OFT has completed itsconsideration itshall give such advice to the Secretary of State as it thinks fit.

• (4) The OFT shall publish any advice given by it under this paragraph.

• (5) The OFT shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person.

• (6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

4

• (1) When the Secretary of State has received the advice of the Consultative Panel and the OFT, he shall send a copy of the advice to the applicant.

• (2) The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Secretary of State may agree, to make representations about the advice to the Secretary of State.

Approval by Lord Chancellor and designated judges

5

• (1) The Secretary of State shall send to each of the designated judges a copy of—

• (a) the advice of the Consultative Panel and the OFT; and

• (b) any representations made under paragraph 4(2).

• (2) Each of the designated judges shall then consider whether the application should be granted.

• (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

• (4) When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.

Part II — Approval in cases of altered regulations, rules or rights

Submission of proposals to Advisory Committee

6

• (1) After considering—

• (a) the advice given by the Consultative Panel and any representations made about it;

• (b) the advice given by the OFT and any representations made about it; and

• (c) the advice given by each of the designated judges,

the Secretary of State shall decide whether to grant the application.

• (2) When the Secretary of State has made his decision he shall notify the applicant of it.

• (3) If the Secretary of State has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Consideration by Advisory Committee

7

Where the application is granted—

• (a) the Secretary of State may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

• (b) the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights.

Submission to Lord Chancellor

8

• (1) If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the Secretary of State.

• (2) If an authorised body makes an alteration of—

• (a) any rights of audience granted by it (including the grant of a new right of audience); or

• (b) any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation),

the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the Secretary of State.

• (3) If a question arises whether approval is required by virtue of this paragraph it shall be for the Secretary of State to decide.

Advice of the Director General of Fair Trading

9

• (1) An application by a body for the Secretary of State to approve—

• (a) an alteration of qualification regulations or rules of conduct; or

• (b) qualification regulations or rules of conduct in relation to altered rights,

shall be made in writing.

• (2) The application shall be accompanied by—

• (a) the qualification regulations and rules of conduct;

• (b) a statement of the alteration of the regulations, rules or rights; and

• (c) such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

• (3) The applicant shall provide the Secretary of State with such additional information as he may reasonably require.

• (4) The Secretary of State shall—

• (a) send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and

• (b) consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the OFT.

10

• (1) If the Secretary of State considers that it would not be appropriate to seek the advice of the Consultative Panel or the OFT, he—

• (a) shall inform each of the designated judges that that is his view; and

• (b) may inform each of them of his provisional view as to whether or not the application should be granted.

• (2) If so informed, each of the designated judges shall consider whether the application should be granted.

• (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

• (4) When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.

• (5) After considering the advice given by each of the designated judges, the Secretary of State shall consider again whether or not it would be appropriate to seek the advice of either or both of—

• (a) the Consultative Panel; and

• (b) the OFT,

before deciding whether to grant the application.

Approval by Lord Chancellor and designated judges

11

• (1) If the Secretary of State decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of—

• (a) the application and accompanying material; and

• (b) any information provided under paragraph 9(3).

• (2) The Consultative Panel shall consider whether the application should be granted.

• (3) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

• (4) When the Consultative Panel has completed its consideration it shall give such advice to the Secretary of State as it thinks fit.

• (5) The Consultative Panel shall publish any advice given by it under this paragraph.

Part III — Alteration of regulations and rules by order

Role of Advisory Committee

12

• (1) If the Secretary of State decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the OFT, he shall send to the OFT a copy of—

• (a) the application and accompanying material; and

• (b) any information provided under paragraph 9(3).

• (2) The OFT shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

• (3) The applicant shall provide the OFT with such additional information as it may reasonably require.

• (4) When the OFT has completed its consideration it shall give such advice to the Secretary of State as it thinks fit.

• (5) The OFT shall publish any advice given by itunder this paragraph.

• (6) The OFTshall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in its opinion, seriously and prejudicially affect the interests of that person.

• (7) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Duty to comply with requests for information

13

• (1) If the Secretary of State has sought the advice of the Consultative Panel or the OFT he shall, on receiving it, send a copy to the applicant.

• (2) The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Secretary of State may agree, to make representations about the advice to the Secretary of State.

Notice to authorised body

14

• (1) If the Secretary of State has sought the advice of the Consultative Panel or the OFT he shall, on receiving it, send to each of the designated judges a copy of—

• (a) the advice; and

• (b) any representations made under paragraph 13(2).

• (2) Each of the designated judges shall then consider (or consider again) whether the application should be granted.

• (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

• (4) When each of the designated judges has completed his consideration he shall give such advice to the Secretary of State as he thinks fit.

Notice to members of authorised body

15

• (1) After considering—

• (a) any advice given by the Consultative Panel and any representations made about it;

• (b) any advice given by the OFT and any representations made about it; and

• (c) the advice given by each of the designated judges (under paragraph 10 or 14 or both of those paragraphs),

the Secretary of State shall decide whether to grant the application.

• (2) The Secretary of State may not refuse the application unless he has received advice from the Consultative Panel.

• (3) When the Secretary of State has made his decision he shall notify the applicant of it.

• (4) If the Secretary of State has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Consideration by Lord Chancellor and designated judges

16

Where the application is granted—

• (a) in a case within sub-paragraph (1) of paragraph 8, the alteration of the qualification regulations or rules of conduct is approved; and

• (b) in a case within sub-paragraph (2) of that paragraph, the qualification regulations or rules of conduct are approved in relation to the rights as altered.

SCHEDULE 5

Appointment of members

1

• (1) Every member of the Board—

• (a) shall be appointed for such term, not exceeding three years, as the Secretary of State may specify; and

• (b) shall hold and vacate office in accordance with the terms of his appointment.

• (2) Any person who ceases to be a member of the Board shall be eligible for re-appointment.

• (3) A member of the Board may at any time resign his office by giving notice in writing to the Secretary of State .

• (4) The Secretary of State may remove a member of the Board if satisfied—

• (a) that he has failed to carry out his duties;

• (b) that a bankruptcy order has been made against him or that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

• (c) that he is otherwise unable or unfit to discharge the functions of a member of the Board.

Proceedings of the Board

2

The Board may regulate its own procedure.

Delegation of powers

3

Anything authorised or required by or under any enactment to be done by the Board, other than the making of rules, may be done—

• (a) by any member of the Board, or of the Board’s staff, who has been authorised for the purpose, whether generally or specifically, by the Board; or

• (b) by any committee or sub-committee of the Board which has been so authorised.

Vacancies and defective appointments

4

The validity of any proceedings of the Board shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

Application of seal and proof of instruments

5

The application of the seal of the Board shall be authenticated by the signature of—

• (a) the Chairman or any other member of the Board; and

• (b) a member of the Board’s staff who has been authorised by the Board for the purpose, whether generally or specifically.

Documents served etc. by the Board

6

• (1) Any document which the Board is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Board by any member of the Board or of its staff who has been authorised for the purpose, whether generally or specifically, by the Board.

• (2) Every document purporting to be an instrument made or issued by or on behalf of the Board and—

• (a) to be duly executed under the seal of the Board; or

• (b) to be signed or executed by a person authorised by the Board for the purpose,

shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.

Remuneration

7

• (1) The Board shall pay to its members such remuneration, and such travelling and other allowances, as it may determine.

• (2) If a member of the Board ceases to hold office and it appears to the Board that there are special circumstances which make it right that he should receive compensation, the Board may pay him such sum as it may determine.

Staff

8

• (1) The Board may appoint such staff, and shall pay them such remuneration, as it may determine.

• (2) The Board may, as regards any of its staff—

• (a) pay to or in respect of them such pensions, allowances or gratuities, as it may determine; or

• (b) provide and maintain for them such schemes (whether or not contributory) for the payment to or in respect of them of such pensions, allowances or gratuities, as it may determine.

• (3) The references in sub-paragraph (2) to pensions, allowances or gratuities include references to pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s staff who suffer loss of employment or loss or diminution of emoluments.

Accounts

9

• (1) The Board shall keep proper accounts of all sums received and paid by it and proper records in relation to those accounts.

• (2) The Board shall appoint auditors and cause its accounts to be audited annually by the auditors.

• (3) As soon as is practicable after the accounts for any period have been audited, the Board shall cause them to be published and shall send a copy of them to the Secretary of State together with a copy of any report of the auditors on the accounts.

• (4) No person shall be appointed as an auditor under this paragraph unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 or is a member of the Chartered Institute of Public Finance and Accountancy.

Annual report of Board

10

• (1) The Board shall submit to the Secretary of State an annual report on the discharge of its functions.

• (2) The Secretary of State shall lay the Board’s annual report before Parliament.

Parliamentary disqualification etc.

11

• (1) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) the following entry shall be inserted at the appropriate place— “ The Authorised Conveyancing Practitioners Board ”.

• (2) The same entry shall be inserted at the appropriate place in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

SCHEDULE 6

Powers of Tribunals

1

• (1) A Tribunal hearing any appeal shall have power to—

• (a) investigate the facts on which the decision appealed against was based;

• (b) order the production of documents which it considers are relevant to the appeal;

• (c) summon witnesses;

• (d) consider fresh evidence, including evidence which could have been produced to the Board before it made the decision in question;

• (e) admit any evidence which it considers is relevant to the hearing even though it would not be admissible in proceedings before a court.

• (2) On determining any appeal, a Tribunal may—

• (a) confirm, reverse or vary any decision of the Board which is the subject of the appeal; or

• (b) remit the case to the Board with directions as to the action to be taken by the Board.

Procedure of Tribunals

2

• (1) The Secretary of State may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, Tribunals.

• (2) The regulations may, in particular, make provision—

• (a) as to the period within which appeals must be brought;

• (b) for the holding of hearings in private in prescribed circumstances;

• (c) as to the persons who may appear on behalf of the parties;

• (d) for enabling hearings to be conducted even though a member of the Tribunal, other than the Chairman, is absent;

• (e) as to the disclosure by the appellant, and others, of documents and the inspection of documents;

• (f) requiring persons to attend the proceedings and give evidence;

• (g) as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f);

• (h) authorising the administration of oaths to witnesses;

• (i) as to the withdrawal of appeals;

• (j) as to costs and expenses incurred by any party to the proceedings; and

• (k) authorising preliminary or incidental matters in relation to an appeal to be dealt with by the Chairman of the Tribunal hearing that appeal.

Staff

3

• (1) The Secretary of State may, with the consent of the Treasury, make such provision as he thinks fit for—

• (a) the allocation of staff for any Tribunal;

• (b) the remuneration of members of Tribunals and the reimbursement of their expenses;

• (c) defraying any reasonable expenses incurred by any Tribunal.

• (2) Any sums payable under any provision made by the Secretary of State under sub-paragraph (1) shall be paid out of money provided by Parliament.

SCHEDULE 7

1

In this Schedule “the scheme” means the “Conveyancing Ombudsman Scheme" established by rules made under section 43(1).

2

The scheme may provide—

• (a) for the Conveyancing Ombudsman to appoint his staff; and

• (b) for the establishment and functioning of an independent body (whether corporate or unincorporate) to administer the scheme.

3

• (1) The scheme may provide for the Conveyancing Ombudsman—

• (a) to pay, as regards any of his staff, such remuneration and travelling and other allowances as he may determine with the approval of the Board; and

• (b) to pay such pensions, allowances or gratuities to or in respect of any of his staff as may be so determined.

• (2) The reference in sub-paragraph (1) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Conveyancing Ombudsman’s staff who suffer loss of employment or loss or diminution of emoluments.

4

The jurisdiction of the Conveyancing Ombudsman shall be determined by the scheme.

5

The scheme may provide for the Conveyancing Ombudsman not to have jurisdiction to investigate complaints unless—

• (a) the procedure for investigating complaints which is maintained by the authorised practitioner against whom the complaint is made has been exhausted; or

• (b) the Conveyancing Ombudsman considers that the circumstances of the case are such as to justify his investigating the complaint before that procedure has been exhausted.

6

The scheme shall require the Conveyancing Ombudsman to investigate any complaint which falls within his jurisdiction and which is properly made to him in accordance with the provisions of the scheme.

7

The scheme may empower the Conveyancing Ombudsman, when investigating any complaint, to investigate the subject matter of the complaint as well as the way in which it has been handled by the authorised practitioner concerned.

8

The scheme shall—

• (a) confer on the Conveyancing Ombudsman power to require—

• (i) information and documents relevant to any investigation under the scheme to be furnished to him;

• (ii) the payment by an authorised practitioner of compensation where loss has been suffered by, or inconvenience or distress has been caused to, any person as a result of any matter in respect of which a complaint made against that practitioner has been investigated under the scheme;

• (b) provide for an authorised practitioner against whom a determination has been made by the Conveyancing Ombudsman, on an investigation under the scheme, to be relieved of the obligation to comply with that determination on publishing, in such manner as may be required by the scheme, details of the determination and of the practitioner’s reasons for failing to comply with it.

9

The scheme may provide that compensation which the Conveyancing Ombudsman may require to be paid by virtue of any provision made under paragraph 8(a)(ii) is not to exceed a specified amount.

10

Subject to paragraphs 11 and 12, a determination of the Conveyancing Ombudsman under the scheme which is, by virtue of the complainant’s acceptance of it, binding on the authorised practitioner concerned shall be final and shall not be questioned in any court of law.

11

Paragraph 10 does not apply where the authorised practitioner concerned is, by provisions of the scheme made by virtue of paragraph 8(b), relieved of the obligation to comply with the Conveyancing Ombudsman’s determination.

12

Where a determination of the Conveyancing Ombudsman is binding on an authorised practitioner, the Conveyancing Ombudsman shall, at the request of that practitioner, state a case for the opinion of the High Court on any question of law.

13

Where a case is so stated the High Court may direct the Conveyancing Ombudsman to reconsider the complaint.

14

A decision of the High Court under paragraph 13 shall be treated as a judgment of the High Court within the meaning of section 16 of the Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals).

15

No appeal shall lie from any decision of the High Court under paragraph 13 without the leave of the Court of Appeal.

16

Nothing in this Schedule is to be taken as prejudicing the generality of the power to make rules under section 43.

SCHEDULE 8

Part I — Additional Powers of Council for Licensed Conveyancers In Connection with Sections 27, 28, and 53

General

1

In this Schedule—

• “the Act of 1985” means the Administration of Justice Act 1985;

• “advocacy licence”, “litigation licence” and “probate licence” have the meaning given by section 53;

• “the Council” means the Council for Licensed Conveyancers;

• “the Discipline and Appeals Committee” means the committee established under section 25 of the Act of 1985;

• ...

• ...

• “relevant licence” means a licence under Part II of the Act of 1985 or an advocacy, litigation or probate licence.

• “reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).

Qualification regulations and rules of conduct

2

• (1) For the purpose of exercising the powers conferred by section 53 the Council may make such qualification regulations and conduct rules as it considers appropriate in connection with the carrying on of the reserved legal activities in question.

• (2) In making any such regulations or rules the Council may, in particular, do anything which it has power to do in making rules under section 13 of the Act of 1985 (training rules).

Applications for licences

3

• (1) An application for an advocacy licence, litigation licence or probate licence shall be made to the Council in such manner, and shall be accompanied by such fee, as may be prescribed by rules made by the Council under this paragraph.

• (2) Any such rules—

• (a) may prescribe the forms to be used in connection with applications for any such licence; and

• (b) may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules.

• (3) Rules made under section 14 of the Act of 1985 and this paragraph may make provision with respect to applications for composite licences.

Issue of licences

4

• (1) If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that—

• (a) the applicant has complied with such qualification regulations, conduct rules or other requirements as are applicable in his case in relation to the licence applied for;

• (b) that he has made adequate arrangements for the purpose of complying with any provisions which are applicable in his case in relation to the licence applied for; and

• (c) that he is a fit and proper person to carry on the reserved legal activities in question,

the Council may issue the applicant either with a licence free of conditions or with a licence subject to such conditions as it sees fit to impose.

• (2) If the Council is for any reason not so satisfied, or for any other reason refuses the application, it shall notify the applicant of its refusal and of the grounds on which the application has been refused.

• (3) Subsections (3) to (6) of section 15 of the Act of 1985 (issue of licences under section 14 of that Act) shall apply, with the necessary modifications, with respect to—

• (a) any application under paragraph 3 for an advocacy licence and any advocacy licence in force under section 53;

• (b) any application under paragraph 3 for a litigation licence and any litigation licence in force under section 53; and

• (c) any application under paragraph 3 for a probate licence and any probate licence in force under section 53 (as the case may be),

as they apply with respect to any application under section 14 of that Act and any licence under Part II of that Act.

Conditional licences

5

• (1) This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence—

• (a) for the first time;

• (b) when conditions under this paragraph have been imposed on an advocacy, litigation or probate licence previously issued to him;

• (ba) when conditions under section 16 of the Act of 1985 have been imposed on a licence under Part 2 of the Act of 1985 previously issued to him;

• (c) when, on the first day of the period to which the licence applied for would (if granted) relate, a period of twelve months or more will have elapsed since he held an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985 ;

• (d) after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 (including section 24A(1) as applied by section 53) or the Discipline and Appeals Committee have made any order in his case under section 26(1) of that Act (including section 26(1) as applied by section 53) .

• (2) This paragraph also has effect in any case where a person applies for such a licence and any of the circumstances mentioned in paragraphs (e) to (j) of section 16 of the Act of 1985 (conditional licences) apply in his case.

• (3) Sub-paragraphs (1) and (2) are subject to subsection (4) of section 16 of the Act of 1985, as applied by sub-paragraph (7) of this paragraph.

• (4) In any case where this paragraph has effect the Council may, on issuing an advocacy, litigation or probate licence to the applicant, issue it subject to such conditions as the Council thinks fit.

• (5) The Council’s decision in any such case to impose any particular conditions under this paragraph may be made by reference to such criteria of general application as may have been determined by the Council.

• (6) Without prejudice to the generality of sub-paragraph (4), conditions may be imposed under that sub-paragraph—

• (a) for restricting the kinds of activities that may be carried on by the applicant by virtue of his having the advocacy, litigation or probate licence in question; ...

• (b) in the case of an applicant who is a licensed conveyancer, for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed conveyancer who carries on the additional activities authorised by that licence; or

• (c) for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed CLC practitioner,

and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) or (c) or otherwise) as they may be under Part II of the Act of 1985.

• (7) Subsections (4) and (5) of section 16 of the Act of 1985 shall have effect, with the necessary modifications, with respect to an advocacy, litigation or probate licence as they have effect with respect to a licence issued under Part II of that Act.

• (8) Where a person applies for an advocacy, litigation or probate licence at a time when this paragraph has effect in relation to that person by reason of the circumstances mentioned in section 16(1)(ea) of the Act of 1985, section 16A(2) of that Act has effect as it has effect in relation to an application for a licence under Part 2 of that Act.

Register of licensed conveyancers

6

• (1) Where an advocacy, litigation or probate licence is in force with respect to a licensed conveyancer, the Council shall enter details of the licence in the appropriate place in the register of licensed conveyancers maintained by it under section 19 of the Act of 1985.

• (2) The Council shall accordingly cause the appropriate entries to be made on the issue of any advocacy, litigation or probate licence and deletions on any such licence ceasing to be in force.

• (3) Where any such licence is for the time being suspended, the Council shall cause that fact to be noted in the register against the name of the licensed conveyancer concerned.

Code of conduct

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of suspension or revocation

8

Where a relevant licence ceases to be in force because of—

• (a) a direction under section 24(5) of the Act of 1985, or

• (b) an order under section 26(2)(a) or (c) of the Act of 1985,

any other relevant licence in force with respect to that person at the time shall cease to have effect to the same extent as the licence in question.

Removal of disqualification from holding a licence

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation on grounds of error or fraud

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognised bodies

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — Amendments of Provisions Relating to Powers of Council Etc.

Delegation of powers etc.

12

• (1) The Council may arrange for any of its functions (other than those of making rules, schemes or standing orders under Part II of the Act of 1985) to be discharged—

• (a) by a committee of the Council; or

• (b) by a sub-committee of such a committee; or

• (c) by an individual (whether or not a member of the Council's staff).

• (1A) Where by virtue of sub-paragraph (1) any function may be discharged by a committee, the committee may arrange for the discharge of that function by—

• (a) a sub-committee of that committee; or

• (b) an individual, whether or not a member of the Council's staff.

• (1B) Sub-paragraph (1A) is subject to any contrary direction given by the Council.

• (1C) Arrangements made under sub-paragraph (1) or (1A) in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body).

• (1D) For this purpose “the delegating body” means—

• (a) in the case of arrangements under sub-paragraph (1), the Council, and

• (b) in the case of arrangements under sub-paragraph (1A), the committee.

• (2) The Council may make rules providing for functions conferred by Part II of the Act of 1985 on any committee established under that Part to be discharged by a committee established under this paragraph.

• (3) Any power conferred by sub-paragraph (1), (1A) or (2) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.

• (4) The Council may make rules providing for any of its committees (including one established under Part II of the Act of 1985) to refer any matter of a kind specified in the rules, in such circumstances as may be so specified, to any other such committee, or to the Council.

• (5) Where any matter is referred under sub-paragraph (4) to a committee of the Council or to the Council, that committee or (as the case may be) the Council shall have the same power to deal with it as the committee referring it.

• (6) A committee or sub-committee established under this paragraph may include or consist of individuals other than—

• (a) members of the Council;

• (b) licensed conveyancers.

• (7) A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee.

• (7A) The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.

• (7B) A committee or sub-committee may regulate its own procedure, including quorum.

• (8) The validity of any proceedings of such a committee shall not be affected by any casual vacancy among its members.

• (9) Any rules made under this paragraph—

• (a) may make such incidental and supplemental provision as the Council considers appropriate; and

• (b) may make different provision for different circumstances.

• (10) This paragraph is subject to any provision to the contrary made by or under any enactment.

Council’s intervention powers

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: steps that may be taken

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: compensation

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: failure to comply with direction

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: fees

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate professional services: costs

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of Discipline and Appeals Committee

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to examine files

21

• (1) Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to it—

• (a) alleging professional misconduct by a licensed conveyancer or licensed CLC practitioner ; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Council may give notice to the person complained of or his firm requiring the production or delivery to any person appointed by the Council, at a time and place to be fixed by the Council, of all documents in the possession of the person complained of or his firm in connection with the matters to which the complaint relates (whether or not they relate also to other matters).

• (2) The provisions of paragraphs 9(2) to (12), 11 and 12 of Schedule 5 to the Act of 1985 shall apply in relation to the powers conferred by sub-paragraph (1) as they apply in relation to the powers conferred by paragraph 9(1) of that Schedule.

Interest on clients’ money

22

Where a licensed conveyancer or licensed CLC practitioner —

• (a) is required by rules made under section 23 of the Act of 1985 to place any sum of money in a separate deposit account; but

• (b) fails to do so as soon as is reasonably practicable,

the Council may give a direction requiring him to account to the client in question for any interest which has not been earned but which would have been earned if that sum had been placed in a separate deposit account as soon as was reasonably practicable.

Full and limited licences

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases in which conditions may be attached to licences

24

In section 16(1) of the Act of 1985 (cases in which conditions may be attached to licences), the following shall be substituted for paragraph (i)—

(i) after having been committed to prison in civil proceedings; (ia) after having been convicted of an offence involving dishonesty or deception or a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984); or

.

SCHEDULE 9

Advice from the Advisory Committee

1

• (1) Where the Secretary of State receives an application from a professional or other body (“the applicant") for approval under this Schedule, he shall refer the application to the Consultative Panel.

• (2) It shall be the duty of the Consultative Panel to consider the application and to give to the Secretary of State such advice as it considers appropriate.

Advice from the President of the Family Division

2

• (1) When the Secretary of State has received the Consultative Panel’s advice he shall refer the application, together with that advice, to the President of the Family Division.

• (2) It shall be the duty of the President to consider the application, in the light of that advice, and to give to the Secretary of State such advice as he considers appropriate.

• (3) If the President asks the Committee to give him advice with respect to the application, it shall be the duty of the Consultative Panel to do so.

Information to be supplied by applicant

3

The applicant shall provide the Secretary of State , the Consultative Panel and the President with any information that they may reasonably require.

Approval by Secretary of State

4

Having considered the advice given to him by the Consultative Panel and by the President, the Secretary of State may by order approve the application if, but only if, he is satisfied that the applicant has in force suitable arrangements—

• (a) for training; and

• (b) for ensuring that any person to whom the applicant grants the exemption mentioned in section 55(1) will at all times, while exempt, comply with the requirements of section 55(2)(a) to (e).

Refusal to approve

5

• (1) If the Secretary of State proposes to refuse the application he shall give the applicant written notice of his proposal.

• (2) The notice shall—

• (a) give the Secretary of State's reasons for proposing to refuse the application; and

• (b) inform the applicant of the effect of sub-paragraph (3).

• (3) Where such a notice is served, it shall be the duty of the Secretary of State , before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.

• (4) For the purposes of sub-paragraph (3), representations are duly made if—

• (a) they are made to the Secretary of State before the end of the period of 28 days beginning with the day on which the notice is served; and

• (b) unless the Secretary of State directs in a particular case, they are in writing.

• (5) If the Secretary of State refuses the application he shall give notice to the applicant in writing.

• (6) Any notice given under sub-paragraph (5) must give the Secretary of State's reasons for refusing the application.

Revocation of approval

6

• (1) The revocation of any approval given under this Schedule shall be by order (“a revoking order”) made by the Secretary of State.

• (2) A revoking order may only be made if—

• (a) the approved body has made a written request to the Secretary of State asking for it to be made;

• (b) the approved body has agreed in writing to its being made; or

• (c) the Secretary of State is satisfied that the circumstances at the time when he is considering the question are such that, had that body then been applying to become an approved body, its application would have failed.

• (3) A revoking order may make such transitional and incidental provision as the Secretary of State considers necessary or expedient.

• (4) Where a revoking order is made—

• (a) the exemption granted to any person by the body with respect to whom the order is made shall cease to have effect, subject to any transitional provision made by the order; and

• (b) the Secretary of State shall—

• (i) give the body with respect to whom the order is made written notice of the making of the order;

• (ii) take such steps as are reasonably practicable to bring the making of the order to the attention of members of that body; and

• (iii) publish notice of the making of the order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the order.

Role of the Advisory Committee

7

• (1) Where the Secretary of State is considering whether to make a revoking order by virtue of paragraph 6(2)(c)—

• (a) he shall seek the advice of the Consultative Panel; and

• (b) the Consultative Panel shall carry out such investigations with respect to the approved body as it considers appropriate.

• (2) Where—

• (a) the Secretary of State has not sought the advice of the Consultative Panel under sub-paragraph (1); but

• (b) the Consultative Panel has reason to believe that there may be grounds for recommending that a revoking order be made under paragraph 6(2)(c) with respect to an approved body,

it may carry out such investigations with respect to the approved body as it considers appropriate.

• (3) If, on concluding any investigation carried out under sub-paragraph (1) or (2), the Consultative Panel considers that there are grounds for recommending the making of a revoking order with respect to the approved body concerned, it shall advise the Secretary of State accordingly.

Duty to comply with requests for information

8

• (1) Where the Consultative Panel is carrying out an investigation under paragraph 7 it may require the approved body concerned to provide it with such information, including copies of such documents, as it may reasonably require for the purposes of the investigation.

• (2) No person shall be required under sub-paragraph (1) to provide any information, or produce any copy of a document, which he could not be compelled to provide or produce in civil proceedings before a court.

• (3) Where an approved body fails, without reasonable excuse, to comply with a request made to it by the Consultative Panel under sub-paragraph (1), paragraph 6(2)(c) shall be taken to have been satisfied in relation to that body.

Notice to approved body

9

• (1) If the Consultative Panel advises the Secretary of State that there are grounds for recommending the making of a revoking order with respect to an approved body, the Secretary of State shall send written notice of that advice, and of the effect of such an order, to that body.

• (2) Any such notice shall invite the approved body to make representations in writing to the Secretary of State or such person as he may appoint for the purpose.

• (3) Any such representations must be made before the end of the period of three months beginning with the date on which the notice was given.

Notice to members of approved body

10

• (1) Where—

• (a) the Secretary of State has given notice to an approved body under paragraph 9(1); or

• (b) is proposing to make a revoking order with respect to an approved body, by virtue of paragraph 6(2)(a) or (b),

he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the approved body and of any other persons who, in his opinion, are likely to be affected by any revoking order made with respect to that body.

• (2) Any such steps shall include inviting those members and other persons to make representations to the Secretary of State or (as the case may be) to the person appointed by him for the purpose.

• (3) Any such representations—

• (a) shall, except in such circumstances as the Secretary of State may specify, be in writing; and

• (b) must be made before the end of the period of three months beginning with such date as may be fixed by the Secretary of State .

Consideration by Secretary of State and President

11

• (1) It shall be the duty of the Secretary of State to consider—

• (a) any advice given to him by the Consultative Panel under paragraph 7; and

• (b) any representations duly made under paragraph 9 or 10.

• (2) Having done so, the Secretary of State shall—

• (a) send to the President a copy of any such advice and of any such representations (including a note of any oral representations); and

• (b) inform the President of his view as to whether or not a revoking order with respect to the approved body concerned should be made.

• (3) It shall be the duty of the President—

• (a) to consider the information sent to him by the Secretary of State ;

• (b) to inform the Secretary of State of his own decision in the matter; and

• (c) to give his reasons, in writing, for his decision.

• (4) No revoking order shall be made with respect to the approved body unless the Secretary of State and the President agree that it should be made.

SCHEDULE 10

Lord of Appeal in Ordinary

1

In section 6 of the Appellate Jurisdiction Act 1876 (appointment of Lords of Appeal in Ordinary) for the words “a practising barrister in England or Ireland, or a practising advocate in Scotland" there shall be substituted—

(a) a person who has a Supreme Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; or (c) a practising member of the Bar of Northern Ireland.

Pensions Appeal Tribunal

2

• (1) In paragraph 2 of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (members of tribunal) in sub-paragraph (i) the words from “being a barrister" to “standing” shall be omitted.

• (2) After that paragraph there shall be inserted—

(2A) For the purposes of paragraph 2(i) the legal representative shall be— (a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate or solicitor in Scotland of at least 7 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.

District Registrar

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

London Building Acts (Amendment) Act 1939 (c. xcvii)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions Appeal Tribunals Act 1943 (c. 39)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agricultural Land Tribunal

6

• (1) In . . . Schedule 9 to the Agriculture Act 1947 . . .

• (2) In paragraph 14 of that Schedule (deputies) for the words from “barristers" to the end there shall be substituted the words “ persons eligible for appointment under paragraph 13(1)." ”

Lands Tribunal

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wireless Telegraphy Act 1949 (c. 54)

8

Arbitration committee

9

In section 7(6) of the National Health Service (Amendment) Act 1949 (member of arbitration committee) for the words “a practising barrister, advocate or solicitor" there shall be substituted “ a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) or an advocate or solicitor in Scotland" ”.

Judge Advocate of the Fleet

10

In section 28(2) of the Courts-Martial (Appeals) Act 1951 (appointment of Judge Advocate of the Fleet) for the words “unless he is" to the end there shall be substituted

unless he is— (a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate in Scotland of at least 10 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 10 years; or (c) a member of the Bar of Northern Ireland of at least 10 years’ standing.

Judge Advocate General etc

11

• (1) In section 31(1) of that Act (appointment of Judge Advocate General) for the words “unless he is" to the end there shall be substituted

unless he is— (a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate in Scotland of at least 10 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 10 years; (c) a member of the Bar of Northern Ireland of at least 10 years’ standing; (d) the Vice Judge Advocate General; or (e) an Assistant Judge Advocate General.

• (2) In subsection (2) of that section (Vice or Assistant Judge Advocate General) for the words “unless he is" to the end there shall be substituted

unless he is— (a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate in Scotland of at least 7 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 7 years; (c) a member of the Bar of Northern Ireland of at least 7 years’ standing; or (d) a Deputy Judge Advocate General.

• (3) In subsection (3) of that section (Deputy Judge Advocate General) for the words “unless he is" to the end there shall be substituted

unless he is— (a) a person who has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate in Scotland of at least 5 years’ standing, or a solicitor who has been entitled to appear in the Court of Session and the High Court of Justiciary for at least 5 years; or (c) a member of the Bar of Northern Ireland of at least 5 years’ standing.

Chairman of disciplinary committee

12

In section 9(1) of the Agricultural Marketing Act 1958 (constitution of disciplinary committee) for the words “who is a barrister" to the end there shall be substituted

who— (a) has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) is an advocate or solicitor in Scotland of at least 7 years’ standing; or (c) is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing, and is approved by the Minister.

County Court Judge

13

In section 103 of the County Courts Act (Northern Ireland) 1959 (qualifications for appointment as county court judge in Northern Ireland) after paragraph (a) of subsection (1) there shall be inserted—

Charity Commissioner

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessor to disciplinary committee

15

In paragraph 4(1) of the Second Schedule to the Professions Supplementary to Medicine Act 1960 (assessor to disciplinary committee) for the words “a barrister" to the end there shall be substituted—

(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.

Levy Appeal Tribunal

16

In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (chairman of levy appeal tribunal) for the words “a barrister, advocate or solicitor of not less than seven years’ standing" there shall be substituted—

(i) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or (ii) an advocate or solicitor in Scotland of at least 7 years’ standing,

.

Judge of Consistory Court

17

In section 2(2) of the Ecclesiastical Jurisdiction Measure 1963 (judge of consistory court) for the words “barrister at law of at least seven years’ standing" there shall be substituted “ person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.

Dean of the Arches and Auditor

18

• (1) In section 3(3) of that Measure (Dean of the Arches and Auditor) for the words “barrister at law of at least ten years’ standing" there shall be substituted “ person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.

• (2) In section 42(3) of that Measure (deputy appointed by Dean of the Arches to sit on inquiry into complaint against bishop by committee of convocation) for the words “barrister at law of at least ten years’ standing" there shall be substituted “ person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;" ”.

Assessor for episcopal committee inquiry

19

In section 33(4) of that Measure (barrister to assist episcopal committee in inquiry into complaint) for the words “barrister at law of not less than ten years’ standing" there shall be substituted “ person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.

Examiner

20

In paragraph 1(1) of the Second Schedule to that Measure (members of panel of examiners) for the words “who shall be either barristers at law or solicitors" there shall be substituted “ having a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) and" ”.

Plant Variety Rights Tribunal

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1964 (c. 48)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessor to disciplinary committee

23

In paragraph 3(1) of Schedule 2 to the Hairdressers (Registration) Act 1964 (assessor to disciplinary committee) for the words “a barrister" to the end there shall be substituted—

(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or (b) an advocate or solicitor in Scotland of at least 10 years’ standing.

The Common Serjeant

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Law Commissioner

25

In section 1(2) of the Law Commissions Act 1965 (Law Commissioners) for the words “barrister or solicitor" there shall be substituted “ person having a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

Commons Commissioner

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment tribunal (S.I. 1965/1101.)

27

• (1) In regulation 3(1) of the Employment Tribunal (England and Wales) Regulations 1965 (President of Employment Tribunal) for the words “barrister or solicitor of not less than seven years’ standing" there shall be substituted “ person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”

• (2) In regulation 5(2) of those regulations (chairman of tribunal) for the words “being barristers or solicitors of not less than seven years’ standing" there shall be substituted “ who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.

• (3) The amendments by sub-paragraphs (1) and (2) of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations amending or revoking those provisions.

Assessor to disciplinary committee

28

In paragraph 6(1) of Schedule 2 to the Veterinary Surgeons Act 1966 (assessor to disciplinary committee) for the words from “a barrister" to the end there shall be substituted—

(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.

Assessor to Disciplinary Committee

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special Commissioner

30

In section 4(2) of the Taxes Management Act 1970 (Special Commissioner for income tax) for the words “unless he is" to the end there shall be substituted

unless— (a) he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) he is an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.

Circuit Judge

31

• (1) In section 16(3) of the Courts Act 1971 (appointment of Circuit judges) for the words from “unless he is a barrister" to the end there shall be substituted

unless— (a) he has a 10 year Crown Court or 10 year county court qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; (b) he is a Recorder; or (c) he has held as a full-time appointment for at least 3 years one of the offices listed in Part IA of Schedule 2.

• (2) After Part I of Schedule 2 to that Act (certain office-holders to be circuit judges) there shall be inserted the following—