Courts and Legal Services Act 1990

Social Security Commissioner appointed under section 97 of the Social Security Act 1975. President of Social Security Appeal Tribunals and Medical Appeal Tribunals or chairman of such a tribunal appointed under Schedule 10 to that Act. President of Employment Tribunals or chairman of such a tribunal appointed under the Employment Tribunals (England and Wales) Regulations 1965. President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act 1971. Member (excluding the President) of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act 1949. President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act 1943. President of Value Added Tax Tribunals or chairman of such a tribunal appointed under Schedule 8 to the Value Added Tax Act 1983. Special Commissioner appointed under section 4 of the Taxes Management Act 1970. Coroner appointed under section 2 of the Coroners Act 1988. Master of the Queen’s Bench Division. Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals. Admiralty Registrar. Master of the Chancery Division. Registrar in Bankruptcy of the High Court. Taxing Master of the Supreme Court. District judge of the principal registry of the Family Division. Registrar of Civil Appeals. Master of the Court of Protection. District judge. Stipendiary magistrate.

Recorder and Assistant Recorder

32

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

Misuse of Drugs Act 1971 (c. 38)

33

In paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (chairman of 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; (ii) an advocate or solicitor in Scotland of at least 7 years’ standing; or (iii) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,

.

Immigration Appeal Tribunal

34

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

Assistant registrar of friendly societies

35

In section 2(2) of the Friendly Societies Act 1974 (at least one assistant registrar to be barrister or solicitor) for the words “barrister" to the end 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." ”

Social Security Commissioner

36

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

Social security appeal tribunal and medical appeal tribunal

37

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

Assessor to Disciplinary Committee

38

In paragraph 5(1) of Schedule 3 to the Farriers (Registration) Act 1975 (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.

Arbitration Tribunal

39

In paragraph 4(a) of Schedule 3 to the Industry Act 1975 (president of an arbitration tribunal) for the words “a barrister or solicitor of at least 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) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing,

.

Aircraft and Shipbuilding Industries Arbitration Tribunal

40

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

Assessor to Disciplinary Committee

41

In section 20(1) of the Insurance Brokers (Registration) Act 1977 (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.

National Health Service Act 1977 (c. 49)

42

In paragraph 2 of Schedule 9 to the National Health Service Act 1977 (chairman of the tribunal) for the words “a practising barrister or solicitor of not less than ten years’ standing" there shall be substituted “ a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990," ”.

Assessors to the Central Council

43

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

Stipendiary Magistrate

44

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

Justices’ Clerk

45

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

Deputy Social Security Commissioner

46

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

Judge’s legal secretary

47

In section 98(4) of the Senior Courts Act 1981 (appointment by certain senior judges of a legally qualified secretary) for the words “barrister or solicitor" there shall be substituted “ person who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

Conveyancing counsel

48

In section 131(1) of that Act (conveyancing counsel of the Supreme Court) for the words “conveyancing counsel in actual practice" to the end there shall be substituted “ persons who have a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”

Master, Registrar etc

49

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

Election Court Commissioner

50

• (1) In section 130 of the Representation of the People Act 1983 (barristers qualified to constitute election court) in subsection (1) for the word “barrister" there shall be substituted “ person" ”.

• (2) In subsection (2) of that section—

• (a) for the word “barrister" there shall be substituted “ person" ”;

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

• (c) for paragraph (b)(ii) there shall be substituted—

(ii) in which he practises.

• (3) In subsection (3)(a) for the word “barristers" there shall be substituted “ qualified persons" ”.

Lord Chancellor’s Legal Visitor

51

In section 102(3)(b) of the Mental Health Act 1983 (panel of Legal Visitors of patients) for the words “he is a barrister" to the end there shall be substituted “ he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990." ”

VAT Tribunal

52

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

Legal Assessor to Committees

53

In paragraph 7(1) of Schedule 4 to the Medical Act 1983 (General Council to appoint legal assessors to advise Professional Conduct Committee, Health Committee and Preliminary Proceedings 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.

Appeal Tribunal

54

In Schedule 4 to the Pastoral Measure 1983 (compensation of clergy) in paragraph 15(1)(c) (constitution of Appeal Tribunal) for the words “are barristers at law or solicitors in England and Wales" there shall be substituted “ have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

Arbitrator

55

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

Assessor to committees

56

In paragraph 5(1) of Schedule 3 to the Dentists Act 1984 (General Dental Council to appoint legal assessors to Professional Conduct Committee and Health 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.

District judges

57

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

Data Protection Act 1984 (c. 35)

58

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

Umpire hearing appeals from Reinstatement Committee

59

In paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (persons appointed to hear appeals from Reinstatement Committee) for the words “unless he is a barrister" 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.

Director of Public Prosecutions

60

In section 2(2) of the Prosecution of Offences Act 1985 (the Director of Public Prosecutions) for the words “barrister" to the end 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." ”

Crown Prosecutors

61

• (1) In section 1(3) of that Act (Crown Prosecutors) for the words “who is a barrister or solicitor" there shall be substituted “ who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

• (2) In section 5(1) of that Act (conduct of prosecutions by barristers or solicitors) for the words from “who is" to “authority" there shall be substituted “ who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)" ”.

Interception of Communications Act 1985 (c. 56)

62

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

Questions of construction

63

In section 48(1) of the Administration of Justice Act 1985 (action taken in reliance on counsel’s opinion on matter of construction) for the words “barrister 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 to Discipline and Appeals Committee of the Council of Licensed Conveyancers

64

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

Transport Tribunal

65

For paragraph 2(2) of Schedule 4 to the Transport Act 1985 (president and chairman of Transport Tribunal) there shall be substituted—

(2) The president of the tribunal shall be— (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. (2A) Each chairman shall be— (a) a person who has a 7 year general qualification, within the meaning of that section; or (b) an advocate or solicitor in Scotland of at least 7 years’ standing.

Animals (Scientific Procedures) Act 1986 (c. 14)

66

In section 12(5) of the Animals (Scientific Procedures) Act 1986 (person appointed to receive representations) for the words “a barrister, solicitor or advocate of at least 7 years’ standing" there shall be substituted—

(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,

.

Insolvency Practitioners Tribunal

67

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

Building Societies Act 1986 (c. 53)

68

In section 47(3) of the Building Societies Act 1986 (chairman of appeal tribunal) for the words “a barrister, solicitor or advocate of at least seven years’ standing" there shall be substituted—

(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;

.

Banking Act 1987 (c. 22)

69

In section 28(3) of the Banking Act 1987 (chairman of appeal tribunal) for the words “a barrister, solicitor or advocate of at least seven years’ standing" there shall be substituted—

(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

.

Coroner

70

In section 2(1) of the Coroners Act 1988 (appointment as coroner) for the words “unless he is a barrister, solicitor or" there shall be substituted

unless— (a) he has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or (b) he is a

.

Criminal Injuries Compensation Board

71

• (1) In paragraph 2(2) of Schedule 6 to the Criminal Justice Act 1988 (members of the Criminal Injuries Compensation Board) for the words from “if he is" to the end there shall be substituted

if— (a) he has a 7 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; or (c) he holds or has held judicial office in England and Wales; (d) he holds or has held judicial office in Scotland.

• (2) For paragraphs 2(8)(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—

(a) in the case of a member who qualifies for appointment under sub-paragraph (2)(a) or (c), with the consent of the Lord Chancellor; and (b) in the case of a member who qualifies for appointment under sub-paragraph (2)(b) or (d), with the consent of the Lord President of the Court of Session.

Assessor of compensation for miscarriages of justice

72

• (1) In Schedule 12 to that Act (appointment as assessor of compensation for miscarriages of justice) for paragraph 1(a) to (c) there shall be substituted—

(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; (c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;

.

• (2) For paragraph 6(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—

(a) in the case of a person who qualifies for appointment under paragraph 1(a) or (c), or paragraph 1(d) by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and (b) in the case of a person who qualifies for appointment under paragraph 1(b), or paragraph 1(d) by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session.

Copyright Tribunal

73

In section 145(3) of the Copyright, Designs and Patents Act 1988 (chairman of Copyright Tribunal) for the words from “unless he is a barrister" to the end there shall be substituted

unless— (a) he has a 7 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 7 years’ standing; (c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing; or (d) he has held judicial office.

Security Service Act 1989 (c. 5)

74

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

Assessor to Disciplinary Committee

75

In section 22(1) of the Opticians Act 1989 (assessor to Disciplinary Committee of the General Optical Council) 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.

SCHEDULE 11

The following are the offices for the purposes of section 75—

SCHEDULE 12

The following are the provisions which are inserted in the 1981 Act as Part IV of Schedule 2—

SCHEDULE 13

The following are the provisions which are inserted in the Judicial Pensions Act 1981, as Schedule 1A—

SCHEDULE 14

Part I — Registration

General

1

In this Schedule—

• “the Act of 1974” means the Solicitors Act 1974;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the register” means the register maintained by the Society under section 89;

• “registration” means registration in that register;

• “the Society” means the Law Society; and

• “the Tribunal” means the Solicitors Disciplinary Tribunal.

Application for registration

2

• (1) An application for registration or for renewal of registration—

• (a) shall be made to the Society in such form as the Society may prescribe; and

• (b) shall be accompanied by such fee as the Society may, with the concurrence of the Legal Services Board , prescribe.

• (2) Where such an application is duly made by a foreign lawyer, the Society may register the applicant if it is satisfied that the legal profession of which the applicant is a member is one which is so regulated as to make it appropriate for members of that profession to be managers of recognised bodies.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Society may make regulations, with the concurrence of the Legal Services Board , with respect to—

• (a) the keeping of the register (including the form of the register and the manner in which entries are to be made, altered or removed); and

• (b) applications for registration or renewal of registration. and

• (c) the making available to the public of the information contained in the register (including the manner in which, and hours during which, the information is to be made so available and whether the information is to be made available free of charge).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of registration

3

• (1) Every registration shall have effect from the beginning of the day on which it is entered in the register.

• (2) The Society may make regulations—

• (a) prescribing the date (“the renewal date") by which each registered foreign lawyer must apply for his registration to be renewed; and

• (b) requiring every entry in the register to specify the renewal date applicable to that registration.

• (3) Any such regulations may—

• (a) provide different renewal dates for different categories of registered foreign lawyer or different circumstances;

• (b) provide for the Society to specify, in the case of individual registered foreign lawyers, different renewal dates to those prescribed by the regulations;

• (c) make such transitional, incidental and supplemental provision in connection with any provision for different renewal dates as the Society considers expedient.

• (4) Where a foreign lawyer is registered, the Society may cancel his registration if—

• (a) the renewal date for his registration has passed but he has not applied for it to be renewed; or

• (b) he has applied to the Society for it to be cancelled.

Evidence as to registration

4

Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer—

• (a) is, or is not, registered; or

• (b) was registered during a period specified in the certificate,

shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.

Part II — Registered Foreign Lawyers:Supplementary Provisions

Intervention in practices

5

• (1) In this paragraph “the intervention powers” means the powers conferred by Part II of Schedule 1 to the Act of 1974 (intervention in solicitors’ practices) as modified by this Schedule or under section 89.

• (2) Subject to sub-paragraphs (3) and (4), the intervention powers shall be exercisable in relation to a person who is or has been a registered foreign lawyer and the practice of the multi-national partnership of which he is or was a member as they are exercisable in relation to a solicitor and his practice.

• (3) The intervention powers are only exercisable where—

• (a) the Society has reason to suspect dishonesty on the part of the registered foreign lawyer, or on the part of an employee of the multi-national partnership, in connection with—

• (i) the practice of that partnership; or

• (ii) any trust of which the registered foreign lawyer is or was a trustee . . . ;

• (b) in the case of a registered foreign lawyer who has died, the Society has reason to suspect dishonesty on the part of his personal representative, in connection with—

• (i) the practice of the multi-national partnership; or

• (ii) any trust of which the registered foreign lawyer was a trustee . . . ;

• (ba) the Society has reason to suspect dishonesty on the part of the registered foreign lawyer (“L”) in connection with—

• (i) the business of any person of whom L is or was an employee, or of any body of which L is or was a manager, or

• (ii) any business which is or was carried on by L as a sole trader;

• (c) the Society is satisfied that the registered foreign lawyer has failed to comply with rules made under section 32 or 37(2)(c) of the Act of 1974;

• (d) a bankruptcy order (as defined in paragraph 10(3)) has been made against him or he has made a composition or arrangement with his creditors;

• (e) he has been committed to prison in any civil or criminal proceedings;

• (ea) the Society is satisfied that he has abandoned his practice;

• (f) he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as a registered foreign lawyer and powers under sections 15 to 20 or section 48 are exercisable in relation to him;

• (g) his name has been struck off the register or his registration has been suspended or cancelled;

• (h) he has purported to act as a member of a multi-national partnership at a time when he was not registered;

• (i) the Society is satisfied that he has failed to comply with any condition, subject to which he is registered, to the effect that—

• (i) he may only be a member of a partnership which is approved by the Society; or

• (ii) he may only be a manager of a recognised body which is so approved; or

• (iii) he may only be such a member or such a manager.

• (j) the Society is satisfied that it is necessary to exercise the intervention powers (or any of them) in relation to the registered foreign lawyer to protect—

• (i) the interests of clients (or former or potential clients) of the registered foreign lawyer or the multi-national partnership, or

• (ii) the interests of the beneficiaries of any trust of which the registered foreign lawyer is or was a trustee.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The intervention powers (other than those conferred by paragraphs 5 and 10 of Part II of Schedule 1 to the Act of 1974) shall also be exercisable where—

• (a) the Society is satisfied that there has been undue delay on the part of a registered foreign lawyer in connection with—

• (i) any matter in which he, or the multi-national partnership of which he is or was a member, was instructed on behalf of a client; or

• (ii) any trust ;

• (b) the Society by notice invites the registered foreign lawyer to give an explanation within a period (of not less than 8 days) specified in the notice;

• (c) the registered foreign lawyer fails within that period to give an explanation which the Society regards as satisfactory; and

• (d) the Society gives notice of the failure to the registered foreign lawyer and notice that the intervention powers are accordingly exercisable.

• (6) Where the intervention powers are exercisable in relation to a registered foreign lawyer, they shall continue to be exercisable—

• (a) at any time when his registration is suspended;

• (b) after his name has been struck off the register or his registration has been cancelled; or

• (c) after his death.

• (7) Part II of Schedule 1 to the Act of 1974 shall have effect in relation to the intervention powers exercisable by virtue of this Schedule, subject to—

• (a) any express modifications made under section 89; and

• (b) any modifications necessary in the light of this paragraph.

• (8) For the purposes of this paragraph, Part II of Schedule 1 to the Act of 1974 shall be read with paragraph 4(2) of Part I of that Schedule.

• (9) The notices required to be given by this paragraph must be in writing but need not be given at the same time.

• (10) In this paragraph “manager”, in relation to a recognised body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act).

The Compensation Fund

6

Section 36 of the 1974 Act applies in relation to registered foreign lawyers as if for paragraphs (a) and (b) of subsection (1) there were substituted—

(a) an act or omission of a registered foreign lawyer or former registered foreign lawyer; (b) an act or omission of an employee or former employee of a registered foreign lawyer or former registered foreign lawyer;

.

Contributions to the Fund

7

Section 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.

Accountants’ reports

8

Section 34 of the Act of 1974 applies in relation to registered foreign lawyers as it applies in relation to solicitors.

Certification for purposes of investment business

9

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

Effect of bankruptcy

10

• (1) The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order.

• (2) The suspension of any registration by reason of a bankruptcy order shall terminate if the order is annulled and an office copy of the order annulling it is served on the Society.

• (3) In sub-paragraph (1), “bankruptcy order” includes any order which is not a bankruptcy order but which has the same, or a similar, effect under the law in force in any territory outside England and Wales.

Effect of disciplinary action

11

• (1) Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended.

• (2) In sub-paragraph (1) “struck off” and “suspended from practice” mean—

• (a) any action taken within the jurisdiction by reference to which the registered foreign lawyer is qualified to be registered; or

• (b) where the registered foreign lawyer is qualified to be registered by reference to more than one jurisdiction, any action taken within any one of those jurisdictions,

which is the equivalent, respectively, of a solicitor being struck off the roll or suspended from practice under the Act of 1974.

Re-instatement of disciplined foreign lawyer

12

• (1) Where a person’s registration has been suspended by virtue of paragraph 11, it shall be revived—

• (a) if his right to practise in the jurisdiction in question is restored; and

• (b) a copy of the instrument restoring his right, certified to be a true copy by an officer of the appropriate court in the jurisdiction in question, or the professional body concerned, is served on the Society.

• (2) Where a person whose registration is suspended by virtue of paragraph 11 applies to the Society for the suspension to be terminated, the Society may terminate it subject to such conditions, if any, as it thinks fit to impose.

Effective date of revived registration

13

Where a foreign lawyer’s registration is revived (whether as the result of the termination of its suspension, restoration by order of the Tribunal or for any other reason), that revival shall take effect on such date, and subject to such conditions, as the Society may direct.

Appeal against conditions or refusals

14

• (1) Any foreign lawyer may appeal to the High Court against—

• (a) the refusal of the Society to register him or to renew his registration;

• (b) the refusal of the Society to terminate the suspension of his registration on an application made by him under paragraph 12;

• (c) the failure of the Society to deal with any application by him for registration, renewal of registration or the termination (under paragraph 12(2)) of a suspension within a reasonable time; . . .

• (d) any condition imposed by the Society under paragraph 2A, 12(2) or 13 ; or—

• (e) a decision of the Society to remove his name from the register.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) On an appeal . . . under this paragraph, the High Court may make such order as it thinks fit.

• (4) In relation to an appeal under this paragraph the High Court may make such order as it thinks fit as to payment of costs.

• (5) The decision of the High Court on an appeal under this paragraph shall be final.

Jurisdiction and powers of Disciplinary Tribunal

15

• (1) Subject to paragraph 16, section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal) shall apply, with the necessary modifications, in relation to applications and complaints made by virtue of any provision of this Schedule as it applies in relation to applications and complaints made by virtue of any provision of that Act.

• (2) Any application—

• (a) to strike the name of a foreign lawyer off the register;

• (b) to require a registered foreign lawyer to answer allegations in an affidavit;

• (c) to suspend the registration of a foreign lawyer for a specified or indefinite period;

• (d) by a foreign lawyer whose name has been struck off the register by order of the Tribunal to have his name restored to the register;

• (e) by a foreign lawyer whose registration has been suspended for an indefinite period by order of the Tribunal for the termination of that suspension,

shall be made to the Tribunal.

• (3) Any person who alleges that a registered foreign lawyer has failed to comply with any rule made under section 31, 32, 34, or 37 of the Act of 1974 may make a complaint to the Tribunal.

• (3A) Any person who alleges that a registered foreign lawyer has knowingly acted in contravention of any order under section 43(2) of the Act of 1974 or of any conditions subject to which a permission has been granted under such an order may make a complaint to the Tribunal.

• (4) On the hearing of any application or complaint made to the Tribunal with respect to a foreign lawyer, the Tribunal shall have power to make such order as it may think fit, and any such order may in particular include provision for any of the following matters—

• (a) the striking off the register of the name of the foreign lawyer to whom the application or complaint relates;

• (b) the suspension of that foreign lawyer’s registration indefinitely or for a specified period;

• (c) the payment by that foreign lawyer of a penalty . . . , which shall be forfeit to Her Majesty;

• (d) the termination of that foreign lawyer’s unspecified period of suspension from registration;

• (e) the restoration to the register of the name of a foreign lawyer which has been struck off the register;

• (f) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Foreign lawyers assisting the Tribunal

16

• (1) For the purposes of section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal), the Tribunal may make rules providing for it to be assisted, in dealing with any application or complaint of a kind mentioned in paragraph 15, by a member of the legal profession in the jurisdiction by reference to which the foreign lawyer is or was qualified to be registered.

• (2) Rules under sub-paragraph (1) shall not be made without the concurrence of the Legal Services Board .

• (3) Subsection (12) of section 46 of the Act of 1974 (rules to be made by statutory instrument etc.) shall apply to rules made under this paragraph as it applies to rules made under subsection (9) of that section.

Appeals from Tribunal

17

• (1) An Appeal from the Tribunal shall lie to the High Court.

• (2) The High Court . . . shall have power to make such order on an appeal under this paragraph as it may think fit.

• (3) Any decision of the High Court on an appeal in the case of an order on an application under paragraph 15(2)(d) or (e), or the refusal of any such application, shall be final.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

The following are the provisions which are inserted in the Solicitors Act 1974 as Schedule 1A—

SCHEDULE 16

Part I — Amendment of Act and Other Enactments Affected

1

In this Part of this Schedule “the Act of 1989” means the Children Act 1989.

The Civil Evidence Act 1968 (c. 64)

2

• (1) In section 12(5) of the Civil Evidence Act 1968 (findings of paternity in civil proceedings: meaning of “relevant proceedings") for the definition of “relevant proceedings" there shall be substituted—

“relevant proceedings” means— (a) proceedings on a complaint under section 42 of the National Assistance Act 1948 or section 26 of the Social Security Act 1986; (b) proceedings under the Children Act 1989; (c) proceedings which would have been relevant proceedings for the purposes of this section in the form in which it was in force before the passing of the Children Act 1989.

• (2) Paragraph 24 of Schedule 13 to the Act of 1989 shall be omitted.

The Family Law Reform Act 1969 (c. 46)

3

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

The Children and Young Persons Act 1969 (c. 54)

4

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

5

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

The Administration of Justice Act 1970 (c. 31)

6

• (1) In paragraph 6 of Schedule 8 to the Administration of Justice Act 1970 (maintenance orders for purposes of Maintenance Orders Act 1958 and the 1970 Act) for the words “under section 47 or 51 of the Child Care Act 1980" there shall be substituted

— (a) made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989; or (b) made under

.

• (2) Paragraph 25 of Schedule 13 to the Act of 1989 shall be omitted.

The Adoption Act 1976 (c. 36)

7

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

The Child Care Act 1980 (c. 5)

8

After section 21(2) of the Child Care Act 1980 (power of local authority to allow child in care to be under charge and control of parent, etc.) there shall be inserted the following subsection—

(2A) For the purposes of subsection (2) above and section 22A below a child shall be regarded as being under the charge and control of a person if he stays with that person for a continuous period of more than 24 hours

.

The Education Act 1981 (c. 60)

9

• (1) In section 3A(1) of the Education Act 1981 (provision outside England and Wales for certain children), which was inserted in that Act by paragraph 36 of Schedule 12 to the Act of 1989, after the word “local", where it first occurs, there shall be inserted “ education" ”.

• (2) That amendment shall be deemed to have been incorporated in section 3A(1) as originally enacted.

The Children Act 1989 (c. 41)

10

• (1) In section 15(1) of the Children Act 1989 (orders for financial relief with respect to children) after the words “provisions of" there shall be inserted “ section 6 of the Family Law Reform Act 1969" ”.

• (2) At the end of paragraph 1 of Schedule 1 to the Act of 1989 (financial provision for children) there shall be inserted the following sub-paragraph—

(7) Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it.

11

In section 21(2)(c)(i) of the Act of 1989 (provision of accommodation for children on remand) after the word “section" there shall be inserted “ 16(3A) or" ”.

12

• (1) In section 23 of the Act of 1989 (provision of accommodation and maintenance made by local authority for children whom they are looking after), in subsection (2)(e) after the word “provided" there shall be inserted “ in accordance with arrangements made" ”.

• (2) After subsection (5) of that section there shall be inserted the following subsection—

(5A) For the purposes of subsection (5) a child shall be regarded as living with a person if he stays with that person for a continuous period of more than 24 hours

.

13

At the end of section 24 of the Act of 1989 (advice and assistance) there shall be added the following subsections—

(14) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by a person qualifying for advice and assistance about the discharge of their functions under this Part in relation to him. (15) In carrying out any consideration of representations under subsection (14), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this subsection.

14

In section 27 of the Act of 1989 (co-operation between authorities)—

• (a) in subsection (1) the words “or other person” and the words “or person” shall be omitted; and

• (b) in subsection (3) for the word “persons” there shall be substituted “ authorities” ”. . . .

15

In section 29 of the Act of 1989 (recoupment of cost of providing services etc.), in subsection (9), for the words “expenses reasonably" there shall be substituted “ reasonable expenses" ”.

16

In section 37 of the Act of 1989 (powers of court in certain family proceedings), in subsection (5)(b) for the words “does not reside" there shall be substituted “ is not ordinarily resident" ”.

17

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

18

• (1) Section 42 of the Act of 1989 (right of guardian ad litem to have access to local authority records) shall be amended as follows.

• (2) In subsection (1)(a), after the word “authority" there shall be inserted “ or an authorised person" ”.

• (3) At the end of subsection (1) there shall be added—

; or (c) any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.

• (4) The following subsection shall be added at the end—

(4) In this section “authorised person” has the same meaning as in section 31.

19

For section 45(10) of the Act of 1989 (appeals against emergency protection orders) there shall be substituted—

(10) No appeal may be made against— (a) the making of, or refusal to make, an emergency protection order; (b) the extension of, or refusal to extend, the period during which such an order is to have effect; (c) the discharge of, or refusal to discharge, such an order; or (d) the giving of, or refusal to give, any direction in connection with such an order.

20

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

21

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

22

In section 93(2) of the Act of 1989 (rules of court)—

• (a) in paragraph (f) for the words “the United Kingdom" there shall be substituted “ England and Wales" ”; and

• (b) in paragraph (g) after the word “is" there shall be inserted “ or resides" ”.

23

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

24

In section 97(8) of the Act of 1989 (privacy for children involved in certain proceedings) for the words “Section 71 of the Act of 1980 (newspaper reports of certain proceedings)" there shall be substituted “ Sections 69 (sittings of magistrates’ courts for family proceedings) and 71 (newspaper reports of certain proceedings) of the Act of 1980" ”.

25

In section 108(12) of the Act of 1989 (provisions extending to Northern Ireland), in the entry relating to Schedule 14, the word “18” shall be omitted.

26

In paragraph 14 of Schedule 2 to the Act of 1989 (regulations as to conditions under which child in care is allowed to live with parent, etc.), the following sub-paragraph shall be added at the end—

(d) the records to be kept by local authorities.

27

In Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.

28

• (1) In Schedule 4 to the Act of 1989 (management and conduct of community homes) the word “voluntary” wherever it occurs in paragraph 1(1), (2), (4), (5), (8) and (9) shall be omitted.

• (2) In paragraph 1(6)(b)(i) of that Schedule, the words “as a voluntary home” shall be omitted.

29

In paragraph 3(1) of Schedule 6 to the Act of 1989 (registered children’s homes – meaning of “responsible authority") for the word “Part" there shall be substituted “ Schedule" ”.

30

• (1) Paragraph 2 of Schedule 9 to the Act of 1989 (disqualification from registration as child minder etc. under section 71) shall be amended as follows.

• (2) In sub-paragraph (1), there shall be added at the end

unless— (a) he has disclosed the fact to the appropriate local authority; and (b) obtained their written consent.

• (3) In sub-paragraph (2)(g), for “61" there shall be substituted “ 69" ”.

31

In Schedule 12 to the Act of 1989 (minor amendments), paragraph 25 (which amended section 16 of the Children and Young Persons Act 1969) shall be omitted.

32

In Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted.

33

• (1) Schedule 14 to the Act of 1989 (transitionals and savings) shall be amended as follows.

• (2) In paragraph 15 (children in compulsory care) at the end of sub-paragraph (1) there shall be added

; or— (h) in care by virtue of an order of the court made in the exercise of the High Court’s inherent jurisdiction with respect to children,

.

• (3) In paragraph 16 (modifications)—

• (a) in sub-paragraph (4), for the word “(g)" there shall be substituted “ (h)" ”; and

• (b) in sub-paragraph (5) for the words from “under" to “1973" there shall be substituted

— (a) under section 4(4)(a) of the Guardianship Act 1973; (b) under section 43(5)(a) of the Matrimonial Causes Act 1973; or (c) in the exercise of the High Court’s inherent jurisdiction with respect to children,

.

• (4) After paragraph 16 there shall be inserted the following paragraph—

(16A) Where a child who is a ward of court is in care by virtue of— (a) an order under section 7(2) of the Family Law Reform Act 1969; or (b) an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, he shall, on the day on which Part IV commences, cease to be a ward of court.

• (5) In paragraph 22(a) for the word “(g)" there shall be substituted “ (h)" ”.

• (6) In paragraph 36(5)(b) for the words “subsection (4)" there shall be substituted “ subsection (6)" ”.

Part II — Further Consequential Amendments

The Maintenance Orders Act 1950 (c. 37)

34

In section 15(1)(a) of the Maintenance Orders Act 1950 (service of process), for sub-paragraphs (iii) and (iv) there shall be substituted—

(iii) section 92 of and Schedule 11 to the Children Act 1989; or (iv) section 93(2)(g) of that Act (including that provision as applied in relation to Northern Ireland by section 116(3) of the Courts and Legal Services Act 1990)

.

35

In section 16(2)(a) of that Act (application of Part II)—

• (a) for sub-paragraph (iii) there shall be substituted—

(iii) Schedule 1 to the Children Act 1989

; and

• (b) in sub-paragraph (v), for the words “section 47 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.

The Social Work (Scotland) Act 1968 (c. 49)

36

In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation), in the definition of “supervision order" for the words from first “has" to “1969" there shall be substituted “ means a supervision order under the Children and Young Persons Act 1969 or the Children Act 1989" ”.

The Administration of Justice Act 1970 (c. 31)

37

• (1) In Schedule 8 to the Administration of Justice Act 1970 (maintenance orders for purposes of Maintenance Orders Act 1958 and the 1970 Act), for paragraph 4 there shall be substituted—

(4) An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.

• (2) Paragraph 12 of that Schedule shall cease to have effect.

The Attachment of Earnings Act 1971 (c. 32)

38

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which Act of 1971 applies) for paragraph 5 there shall be substituted—

(5) An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

39

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 30 of that Act (further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children) subsections (1), (2) and (6) shall cease to have effect.

The Magistrates’ Courts Act 1980 (c. 43)

40

In section 65(1) of the Magistrates’ Courts Act 1980 (meaning of family proceedings), paragraph (k) shall be omitted.

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

41

In section 18(6) of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) for paragraph (b) there shall be substituted—

(b) any order which is a Part I order for the purposes of the Family Law Act 1986.

The Mental Health Act 1983 (c. 20)

42

In section 116(2) of the Mental Health Act 1983 (visiting of patients who are children) for paragraph (a) there shall be substituted—

(a) a child or young person— (i) who is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989, or (ii) in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;

.

SCHEDULE 17

The Naval Agency and Distribution Act 1864 (c. 24)

1

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

The Land Registration Act 1925 (c. 21)

2

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

The Administration of Justice Act 1956 (c. 46)

3

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

The Powers of Attorney Act 1971 (c. 27)

4

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

The Attachment of Earnings Act 1971 (c. 32)

5

In section 6 of the Attachment of Earnings Act 1971 (effect of attachment of earnings order), the following subsections shall be added at the end—

(9) The Lord Chancellor may by order make such provision as he considers expedient (including transitional provision) with a view to providing for the payment of amounts deducted under attachment of earnings orders to be made to such officers as may be designated by the order rather than to collecting officers of the court. (10) Any such order may make such amendments in this Act, in relation to functions exercised by or in relation to collecting officers of the court as he considers expedient in consequence of the provision made by virtue of subsection (9) above. (11) The power to make such an order shall be exercisable by statutory instrument. (12) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

In section 23 of that Act (powers of judge in relation to failure by debtor to comply with order etc.) the following subsection shall be inserted at the end—

(11) A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge of a county court.

The Juries Act 1974 (c. 23)

7

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

The Solicitors Act 1974 (c. 47)

8

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

9

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

10

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

The Magistrates’ Courts Act 1980 (c. 43)

11

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

The Senior Courts Act 1981 (c. 54)

12

In section 5(3) of the Senior Courts Act 1981 (judges to sit in other divisions of the High Court at the request of the Lord Chancellor) for the words “Lord Chancellor" to the end there shall be substituted “ Lord Chief Justice made with the concurrence of the President of the Family Division or the Vice-Chancellor, or both, as appropriate" ”.

13

In section 36(4) of that Act (witness not to be punished for failing to appear if he is not offered payment of his reasonable expenses of attending), for the words from “the expenses", to the end, there shall be substituted

— (a) the expenses of coming and attending to give evidence and of returning from giving evidence; and (b) any other reasonable expenses which he has asked to be defrayed in connection with his evidence, was tendered to him at the time when the writ was served upon him.

The County Courts Act 1984 (c. 28)

14

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

15

In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted—

(1A) Without prejudice to the generality of the power to make county court rules under section 75, such rules may make provision for any appeal from the exercise by a district judge, assistant district judge or deputy district judge of any power given to him by virtue of any enactment to be to a judge of a county court.

16

In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end—

(6) County court rules may make provision for the suspension of any judgment or order, on terms, in connection with any warrant issued with respect to any instalment payable under the judgment or order.

17

In section 138 of that Act (forfeiture for non-payment of rent), in subsections (2), (3), (5), (7), (8) and (9) (which relate to relief from forfeiture on payment into court of rent and costs), after the words “into court", in each place where they occur, there shall be inserted “ or to the lessor" ”.

18

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

The Legal Aid Act 1988 (c. 34)

19

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

The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)

20

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

SCHEDULE 18

The Public Records Act 1958 (c. 51)

1

• (1) In the First Schedule to the Public Records Act 1958 (definition of public records) the following entries shall be inserted in the appropriate places in Part II of the Table in paragraph 3—

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

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

The Legal Services Ombudsman

The Lord Chancellor’s Advisory Committee on Legal Education and Conduct

.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Tribunals and Inquiries Act 1971 (c. 62)

2

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

The Matrimonial Causes Act 1973 (c. 18)

3

In section 50(1) of the Matrimonial Causes Act 1973 (matrimonial causes rules), for the words from “one registrar of the divorce registry" to “local law society" there shall be substituted “ one district judge of the principal registry of the Family Division, two Circuit judges, one district judge appointed under the County Courts Act 1984, two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990), and two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court." ”.

The Fair Trading Act 1973 (c. 41)

4

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

The Juries Act 1974 (c. 23)

5

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

The Consumer Credit Act 1974 (c. 39)

6

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

The Solicitors Act 1974 (c. 47)

7

In section 7 of the Solicitors Act 1974 (entry of names in the roll and restoration of names struck off), the following shall be inserted at the end of paragraph (b)—

or (c) of an order under section 47(2)(h) for the restoration of a person’s name to the roll,

.

8

In section 8 of that Act (removal or restoration of name at solicitor’s request), the following subsection shall be inserted after subsection (2)—

(2A) Subsection (2) does not apply to a former solicitor with respect to whom a direction has been given under section 47(2)(g).

9

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

10

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

11

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

12

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

13

In section 32 of that Act (accounts rules and trust account rules), the following subsection shall be inserted after subsection (5)—

(6) For the purposes of this section and section 33 references to clients’ money and money of a kind mentioned in subsection (1)(b) of this section or (1)(a) of section 33 include references to money held by a solicitor as a stakeholder (whether or not paid by a client of his).

14

In section 41 of that Act (employment by solicitor of person struck off or suspended), the following subsection shall be inserted after subsection (1)—

(1A) No solicitor shall, except in accordance with a written permission granted under this section, employ or remunerate in connection with his practice as a solicitor any person if, to his knowledge, there is a direction in force under section 47(2)(g) in relation to that person.

15

In section 42 of that Act (failure to disclose certain facts to solicitor employer), the following subsection shall be inserted after subsection (1)—

(1A) Any person— (a) with respect to whom a direction is in force under section 47(2)(g); and (b) who seeks or accepts employment by a solicitor in connection with that solicitor’s practice without previously informing him of the direction, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.

16

• (1) Section 80 of that Act (powers to act on behalf of Society) shall be amended as follows.

• (2) In subsection (1) for the words “to committees conferred on the Council" there shall be substituted “ conferred" ”.

• (3) In subsection (3)—

• (a) after the word “Council", in the second place where it occurs, there shall be inserted “ or sub-committee" ”; and

• (b) for the words “or the committee" there shall be substituted “ , committee or sub-committee" ”.

17

In section 87(1) of that Act (interpretation) after the definition of “practising certificate" there shall be inserted— “ “replacement date” , in relation to a practising certificate, means the date prescribed under section 14(2)(a) or specified by the Society under any regulation made by virtue of section 14(4)(b); ”.

18

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

The Restrictive Trade Practices Act 1976 (c. 34)

19

In section 41(1) of the Restrictive Trade Practices Act 1976 (purposes for which certain information obtained under the Act may be disclosed), in paragraph (a)—

• (a) after the words “Electricity Supply" there shall be inserted “ or the Authorised Conveyancing Practitioners Board" ”; and

• (b) after the words “Regulations 1988" there shall be inserted “ or the Courts and Legal Services Act 1990" ”.

The Patents Act 1977 (c. 37)

20

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

The Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

21

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

The Estate Agents Act 1979 (c. 38)

22

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

The Competition Act 1980 (c. 21)

23

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

The Social Security Act 1980 (c. 30)

24

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

The Magistrates' Courts Act 1980 (c. 43)

25

• (1) The Magistrates’ Courts Act 1980 shall be amended as follows.

• (2) In section 150(1) (interpretation) after the definition of “impose imprisonment" there shall be inserted the following definition—

“legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;

.

• (3) For the words—

• (a) “counsel or a solicitor” in sections 4(4)(b), 6(2)(b), 23(1)(a) and 128(1B);

• (b) “counsel or solicitor” in sections 122(1) and (3);

there shall be substituted “ a legal representative" ”.

• (4) For the words—

• (a) “solicitor” in sections 6(2)(a), 12(2), 128(1A)(ii) and (3B);

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

there shall be substituted “ legal representative" ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) For the words—

• (a) “solicitors and counsel” in section 69(2)(b);

• (b) “solicitors or counsel” in section 69(4),

there shall be substituted “ legal representatives" ”.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Judicial Pensions Act 1981 (c. 20)

26

In section 16 of the Judicial Pensions Act 1981 (application of Part II and interpretation), in the definition of “derivative benefit", after the word “widow’s" there shall be inserted “ widower’s" ”.

27

In section 22 of that Act (children’s pension: rate and mode of payment)—

• (a) in subsection (2) for the words “leaves no widow and, if he leaves a widow, after her death" there shall be substituted “ leaves no widow or widower and, if he or she leaves a widow or widower, after his or her death" ”;

• (b) in subsection (3), after the word “widow" there shall be inserted “ or widower" ” and after the word “her" there shall be inserted “ or his" ”; and

• (c) in subsection (4), after the word “widow", in both places, there shall be inserted “ or widower" ” and after the words “she has a husband" there shall be inserted “ or he has a wife" ”.

28

In section 23 of that Act (contributions towards widows and children’s pensions) for the words “man’s" and “man" there shall be substituted “ person’s" ” and “person".

29

In section 25 of that Act (persons serving again after retirement), in subsection (1)—

• (a) in paragraph (a), for the words “widow or child of his" there shall be substituted “ widow, widower or child of that person" ”; and

• (b) in paragraph (b), for the word “his" there shall be substituted “ that person’s" ”.

30

In the following sections of that Act—

• (a) 29 (recommendation of a Minister required in certain cases);

• (b) 31 (payments charged on Consolidated Fund); and

• (c) 32(3)(b) (definition of “pension benefits"),

after the word “widow’s" there shall in each case be inserted “ widower’s" ”.

31

The following section shall be inserted in that Act at the beginning of Part III—

(29A) Schedule 1A shall have effect with respect to the transfer of accrued rights into and out of the judicial pension schemes constituted by this Act and the Sheriffs’ Pensions (Scotland) Act 1961.

32

In Part I of Schedule 1 to that Act (certain Supreme Court officers)—

• (a) for the entry “Registrar, Principal Registry of the Family Division" there shall be substituted— “ District judge of the Principal Registry of the Family Division. ”; and

• (b) for the entries “County court registrar" and “county court assistant registrar" there shall be substituted—

District judge. Assistant district judge.

33

In paragraph 15 of Schedule 1 to that Act (persons injured, or contracting disease, in discharge of their duties), in sub-paragraph (2)(a), after the word “widow" there shall be inserted “ or, in the case of a female officer, her widower" ”.

34

At the beginning of sub-paragraph (1) of paragraphs 15 and 16 of Schedule 2 to that Act (transitional provisions with respect to derivative benefits) there shall be inserted the words “ Subject to paragraph 28 below," ”.

35

In paragraph 7(3) of Schedule 3 to that Act, after the word “widow’s" there shall be inserted “ widower’s" ”.

The Senior Courts Act 1981 (c. 54)

36

• (1) In section 85 of the Senior Courts Act 1981 (Supreme Court Rule Committee)—

• (a) for paragraphs (f) and (g) of subsection (1), there shall be substituted—

(f) two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and (g) two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.

• (b) for subsection (4) there shall be substituted—

(4) Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

In section 89(2) of that Act (person appointed as Queen’s coroner and attorney and master of the Crown Office to be master of Queen’s Bench Division) after the words “Crown Office" there shall be inserted “ and Registrar of criminal appeals" ”.

38

For section 89(3)(e) of that Act (Senior Registrar of Family Division) there shall be substituted—

(e) one of the district judges of the Principal Registry of the Family Division as Senior District Judge of that Division; and

.

39

In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—

(3A) The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation to any proceedings. (3B) When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of section 28(2)(a) of the Courts and Legal Services Act 1990 shall be treated as having acquired that right solely by virtue of subsection (3A).

40

• (1) In section 100(1) of that Act (county court registrar to be appointed as district registrar for each district registry) for the words “county court registrar as a district registrar of the High Court" there shall be substituted “ district judge for a county court district, appointed under section 6 of the County Courts Act 1984, as a district judge of the High Court." ”

• (2) In sections 100(2) to (5) and 101 to 103 of that Act (further provisions with respect to district registrars, assistant district registrars and deputy district registrars)—

• (a) for the words “county court registrar" there shall be substituted “ district judge for a county court district" ”;

• (b) for the words “registrar" and “district registrar" in each place where they occur, except in the context of county court registrar, assistant district registrar or deputy district registrar, there shall be substituted “ district judge" ”;

• (c) for the words “assistant district registrar" in each place where they occur there shall be substituted “ assistant district judge" ”; and

• (d) for the words “deputy district registrar" in each place where they occur there shall be substituted “ deputy district judge" ”.

41

In section 151(1) of that Act (interpretation), the following shall be inserted after the definition of “appeal”—

. “arbitration agreement” has the same meaning as it has in the Arbitration Act 1950 by virtue of section 32 of that Act;

.

The County Courts Act 1984 (c. 28)

42

In sections 6 to 12 of the County Courts Act 1984 (provisions with respect to registrars, assistant registrars and deputy registrars)—

• (a) for the word “registrar" in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “ district judge" ”;

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

and

• (c) for the words “deputy county court registrar" and “deputy registrar" in each place where they occur there shall be substituted “ deputy district judge" ”.

43

In section 52 of that Act (powers of court exercisable before commencement of action) the following subsection shall be added at the end—

(3) This section is subject to any provision made under section 38,

44

In section 53 of that Act (powers of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death) the following subsection shall be added at the end—

(5) This section is subject to any provision made under section 38,

45

In section 54 of that Act (provisions supplementary to sections 52 and 53) the following subsection shall be added at the end—

(6) This section is subject to any provision made under section 38,

46

In section 69 of that Act (power to award interest on debts and damages), the following shall be substituted for subsection (8)—

(8) In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.

47

For section 75(7) of that Act (members of the rule committee) there shall be substituted—

(7) The rule committee shall consist of the following persons appointed by the Lord Chancellor— (a) five judges of county courts; (b) two district judges; (c) two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and (d) two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.

48

For section 143(1) of that Act (prohibition on persons other than solicitors receiving remuneration for work in county courts) there shall be substituted—

(1) No person other than— (a) a legal representative; or (b) a person exercising a right of audience or a right to conduct litigation by virtue of an order made under section 11 of the Courts and Legal Services Act 1990 (representation in county courts), shall be entitled to have or recover any fee or reward for acting on behalf of a party in proceedings in a county court.

49

• (1) In section 147(1) of that Act (interpretation) after the definition of “landlord" there shall be inserted—

“legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.

• (2) For the word “solicitor” in sections 13(1) and (4), 61(2) and 126 of that Act there shall be substituted “ legal representative" ”.

• (3) For the word “solicitors” in sections 18, 24(1),... 75(3)(f) and 79 of that Act there shall be substituted “ legal representatives" ”.

The Matrimonial and Family Proceedings Act 1984 (c. 42)

50

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

The Prosecution of Offences Act 1985 (c. 23)

51

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

52

• (1) In section 14(1)(a) of that Act (regulations in relation to fees of counsel) for the word “counsel" there shall be substituted “ any legal representative" ”.

• (2) The following definition shall be inserted in section 15(1) of that Act after the definition of “Director”—

• “legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.

53

In section 20(2) of that Act (regulations providing for the recovery of sums paid by the Legal Aid Board or out of central funds), in paragraph (a) for the words “party to proceedings" there shall be substituted “ person" ”.

The Administration of Justice Act 1985 (c. 61)

54

• (1) Section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices) shall be amended as follows.