Courts and Legal Services Act 1990

• (2) In subsection (1)(a)—

• (a) after the word “solicitors", where it first occurs, there shall be inserted “ or solicitors and one or more registered foreign lawyers" ”; and

• (b) at the end there shall be inserted “ or by multi-national partnerships" ”.

• (3) In subsection (8), the following definitions shall be inserted at the appropriate places—

• “multi-national partnership” means a schedule 20partnership whose members consist of one or more registered foreign lawyers and one or more solicitors;

• “registered foreign lawyer” means a person who is registered under section 89 of the Courts and Legal Services Act 1990.

55

In paragraph 10 of Schedule 2 to that Act (which extends the offence in section 42(1) of the Solicitors Act 1974 of seeking employment whilst struck off or suspended to employment by an incorporated practice) for the words “Section 42(1)" there shall be substituted “ Section 42(1) and (1A)" ”.

56

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

57

In Schedule 2 to that Act (incorporated practices), in paragraph 18 the following sub-paragraph shall be inserted after sub-paragraph (2)—

(2A) Where, on the hearing of any application or complaint made to it under this Schedule, the Tribunal is satisfied that more than one allegation is proved against the recognised body to whom the application or complaint relates, it may impose a separate penalty (by virtue of sub-paragraph (2)(b)) with respect to each such allegation.

58

In Schedule 6 to that Act (incorporated licensed conveyancers) the following shall be substituted for paragraph 4(3)—

(3) Where it appears to the Council that the professional services provided by a recognised body in connection with any matter in which that body has been instructed by a client have, in any respect, not been of the quality which it is reasonable to expect of that body, the Council may take any step with respect to that recognised body as it could take under paragraphs 14 to 20 of Schedule 8 of the Courts and Legal Services Act 1990 with respect to a licensed conveyancer in similar circumstances. (3A) Those paragraphs shall have effect (with the necessary modifications) with respect to any steps taken against the recognised body under this sub-paragraph as they have effect with respect to any steps taken with respect to a licensed conveyancer under paragraph 14 of that Schedule.

The Legal Aid Act 1988 (c. 34)

59

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

60

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

61

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

62

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

63

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

SCHEDULE 19

Discrimination by, or in relation to, barristers

1

Nothing in section 64 shall have effect in relation to anything done before the date on which that section came into force in relation to a pupillage or tenancy which began before that date.

Judicial appointments: barristers

2

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

Judicial appointments: solicitors

3

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

Directions under section 83 of the Senior Courts Act 1981 (c. 54)

4

• (1) Any direction given under section 83 of the Senior Courts Act 1981 (right of audience for solicitors in Crown Courts) and in force immediately before the commencement of section 67 shall have effect as if validly made under section 83 as substituted by section 67.

• (2) This paragraph is without prejudice to section 17(2)(b) of the Interpretation Act 1978.

District judges

5

For the purposes of section 16(3)(c) of the Courts Act 1971 (certain office-holders eligible, after 3 years, for appointment as Circuit judges) a person who holds an office (the “former office") which, on the coming into force of section 74, becomes the office of district judge shall be deemed to have held that office since his appointment to the former office.

Judicial oaths

6

• (1) Sub-paragraph (2) applies in relation to any person who, immediately after the coming into force of section 76, holds any of the offices listed in subsection (1) of that section.

• (2) The Promissory Oaths Act 1868 shall have effect as if in section 6 for the words “as soon as may be after his acceptance of office" there were substituted “ not later than 6 months after the coming into force of section 76 of the Courts and Legal Services Act 1990" ”.

Retirement age of certain officers of Senior Courts

7

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

Investigations by lay observers

8

• (1) Where, before the coming into force of section 21, the Law Society has received a report from a lay observer under section 45 of the Solicitors Act 1974 (investigation by lay observers of Law Society’s treatment of complaints), the Legal Services Ombudsman shall have no power to investigate any allegation in relation to that complaint.

• (2) Where—

• (a) any allegation has been duly made to a lay observer under section 45 of the Act of 1974; but

• (b) he has not—

• (i) concluded his examination of the allegation; or

• (ii) reported to the Law Society,

before the repeal of that section has effect,

the Ombudsman may either exercise the functions of a lay observer under the Act of 1974 in relation to that allegation or treat it as an allegation duly made under this Act.

• (3) Where the Ombudsman decides to exercise the functions of a lay observer, by virtue of sub-paragraph (2), the Act of 1974 shall have effect in relation to his investigation as if this Act had not been passed.

Judicial pensions

9

The repeal by this Act of sections 18(3), 20(6) and 24 of the Judicial Pensions Act 1981 shall not apply in relation to any person who is entitled to exercise the option given by paragraph 26 or 27 of the Part IV inserted in Schedule 2 to that Act by Schedule 12 to this Act but does not do so.

10

• (1) The repeal by this Act of subsection (3) of section 3 of the Superannuation (Miscellaneous Provisions) Act 1967 shall not affect its application in relation to any abatement made under that section.

• (2) The repeal by this Act of subsection (3) of section 1 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 shall not affect its application in relation to any abatement made under that section.

• (3) The repeal by this Act of section 19(5) of the Courts Act 1971 shall not affect its application in relation to any abatement made under section 18(3) of that Act.

• (4) The repeal by this Act of subsection (4) of section 9 of the Administration of Justice Act 1973 shall not affect its application so far as it provides for any abatement which has been made under that subsection to be disregarded.

• (5) The repeal by this Act of subsection (4) of section 12 of the Senior Courts Act 1981 shall not affect its application so far as it provides for any abatement which has been made under that subsection to be disregarded.

Overseas solicitors

11

• (1) Notwithstanding the repeal by this Act of section 4 of the Solicitors Act 1974 (under which the Overseas Solicitors (Admission) Order 1964 has effect) training regulations made under section 2 of that Act may contain provisions expressed to have effect in relation to territories listed in Schedule 1 to that Order.

• (2) Sub-paragraph (1) is without prejudice to the power in section 2(3)(d) of that Act to make different provision for different classes of person and different circumstances.

• (3) Sub-paragraph (1) shall cease to have effect on the coming into force of any such training regulations which contain provisions applying in relation to any territory—

• (a) which is listed in the Order of 1964; but

• (b) which is identified in the regulations otherwise than by reference to that list.

Practising certificates

12

• (1) Section 14 of the Solicitors Act 1974, as substituted by section 86 shall have effect, in relation to any practising certificate which is in force on the commencement of section 86, as if it provided for the replacement date for that certificate to be the 31st October following that commencement.

• (2) Sub-paragraph (1) is subject to any direction (whether general or specific) given by the Law Society.

• (3) The definition of “replacement date", inserted in section 87(1) of the Solicitors Act 1974 by paragraph 17 of Schedule 18 shall have effect subject to the provision made by this paragraph.

Notaries

13

• (1) Subsection (2) of section 57 and the repeal by this Act of the provisions relating to the serving of apprenticeships mentioned in subsection (3) of that section shall not have effect in relation to any person who, at the date on which subsection (2) of that section comes into force, is serving such an apprenticeship.

• (2) The Master of the Faculties may make rules providing—

• (a) for a reduction in the period of apprenticeship of any person to whom this paragraph applies with a view to securing that no such person is required to undertake a period of training longer than the period which he would have been required to undertake, by virtue of rules made by the Master, had he started his training after the commencement of subsection (2) of section 57; or

• (b) for all such apprenticeships to be brought to an end on such day as may be prescribed.

Redress for inadequate professional services

14

Section 93 and the repeal by Schedule 20 of—

• (a) section 44A of the Solicitors Act 1974;

• (b) section 47A of that Act; and

• (c) paragraph 19 of Schedule 2 to the Administration of Justice Act 1985,

shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 93 or those repeals.

The Council for Licensed Conveyancers

15

• (1) The following provisions—

• (a) section 53;

• (b) the repeal by Schedule 20 of section 26(3) of the Administration of Justice Act 1985; and

• (c) paragraph 58 of Schedule 18,

shall not affect any case in which the final bill of costs was delivered to the client concerned before the commencement of section 53.

• (2) Until such date as may be specified by order made by the Lord Chancellor, the provisions of—

• (a) paragraphs 14 to 20 of Schedule 8; and

• (b) paragraph 4(3) and (3A) of Schedule 6 to the Administration of Justice Act 1985 (as substituted by paragraph 58 of Schedule 18),

shall have effect as if they conferred powers on the Discipline and Appeals Committee and not on the Council for Licensed Conveyancers.

• (3) Any order made by the Lord Chancellor under sub-paragraph (2) may make such transitional, consequential or supplemental provision as he thinks necessary or expedient in consequence of the transfer of jurisdiction under the provisions in question from the Discipline and Appeals Committee to the Council.

Immunity of magistrates etc.

16

• (1) The Justices of the Peace Act 1979 shall continue to apply in relation to any matter arising before the coming into force of section 108, in connection with the exercise or purported exercise of his office by a justice of the peace, as if section 108 had not been enacted.

• (2) The Magistrates’ Courts (Northern Ireland) Order 1981 shall continue to apply in relation to any matter arising before the coming into force of section 109, in connection with the exercise or purported exercise of his office by a resident magistrate or justice of the peace, as if section 109 had not been enacted.

• (3) Section 63 of the Administration of Justice Act 1985 shall continue to apply in relation to any matter arising before the coming into force of section 109, in connection with the exercise or purported exercise of his office by a person to whom this sub-paragraph applies, as if section 109 had not been enacted.

• (4) Sub-paragraph (3) applies to—

• (a) a resident magistrate, including a deputy resident magistrate;

• (b) a justice of the peace; and

• (c) a person specified in section 63(7) of the Act of 1985 (county court judges sitting in connection with certain appeals and members of juvenile court panels).

Commissioners for Oaths

17

The repeal by this Act of section 1(1) of the Commissioners for Oaths Act 1889 shall not affect the power of the Lord Chancellor to revoke any appointment made by the Lord Chancellor under that provision.

SCHEDULE 20

Allocation of business between High Court, family court and county court.

Remedies available in county courts.

The Legal Services Consultative Panel

18A

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

31A

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

31B

• (1) This section applies where a person—

• (a) is authorised by a relevant approved regulator (“the regulator”) to carry on an activity which constitutes the exercise of a right of audience or the conduct of litigation, and

• (b) is employed by the Lord Chancellor, or by any body established and maintained by the Lord Chancellor, under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (1A) Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.

• (2) Rules of a regulator fall within this subsection if they are—

• (a) conduct rules prohibiting or limiting the exercise of the right on behalf of members of the public by members of the regulator who are employees; or

• (b) rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the regulator,

and either of the conditions specified in subsection (3) is satisfied.

• (3) Those conditions are—

• (a) that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public); and

• (b) that the rules do not impose the same prohibition or limitation on members of the regulator who have the right but are not employees.

• (4) For the purposes of this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

31C

• (1) Where a person—

• (a) has at any time been authorised by a relevant approved regulator to exercise a right of audience before a court in relation to proceedings of a particular description, and

• (b) becomes authorised by another relevant approved regulator to exercise a right of audience before that court in relation to that description of proceedings,

any qualification regulations of the relevant approved regulator mentioned in paragraph (b) which relate to that right are not to have effect in relation to the person.

• (2) Subsection (1) does not apply in relation to any qualification regulations to the extent that they impose requirements relating to continuing education or training which have effect in relation to the exercise of the right by all members of the relevant approved regulator who have the right.

• (3) Subsection (1) does not apply to a person if he has been banned from exercising the right of audience by the relevant approved regulator mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that relevant approved regulator has not lifted the ban.

• (4) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

46A

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

46B

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

58A

• (1) The proceedings which cannot be the subject of an enforceable conditional fee agreement are—

• (a) criminal proceedings, a part from proceedings under section 82 of the Environmental Protection Act 1990; and

• (b) family proceedings.

• (2) In subsection (1) “family proceedings” means proceedings under any one or more of the following—

• (a) the Matrimonial Causes Act 1973;

• (b) the Adoption and Children Act 2002;

• (c) the Domestic Proceedings and Magistrates’ Courts Act 1978;

• (d) Part III of the Matrimonial and Family Proceedings Act 1984;

• (e) Parts I, II and IV of the Children Act 1989;

• (f) Parts 4 and 4A of the Family Law Act 1996; . . .

• (fza) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;

• (fa) Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership);

• (fb) Schedule 5 to the 2004 Act (financial relief in the High Court or a county court etc.);

• (fc) Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.);

• (fd) Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership);

• (fe) proceedings under Part 3 of the Domestic Abuse Act 2021 (proceedings for domestic abuse protection order), where the proceedings are in the family court or the Family Division of the High Court; and

• (g) the inherent jurisdiction of the High Court in relation to children.

• (3) The requirements which the Lord Chancellor may prescribe under section 58(3)(c)—

• (a) include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and

• (b) may be different for different descriptions of conditional fee agreements (and, in particular, may be different for those which provide for a success fee and those which do not).

• (4) In section 58 and this section (and in the definitions of “advocacy services” and “litigation services” as they apply for their purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.

• (5) Before making an order under section 58(4) , (4A) or (4B), the Lord Chancellor shall consult—

• (a) the designated judges;

• (b) the General Council of the Bar;

• (c) the Law Society; and

• (d) such other bodies as he considers appropriate.

• (6) A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee.

• (6) A costs order made in proceedings may not include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.

• (7) Rules of court may make provision with respect to the assessment of any costs which include fees payable under a conditional fee agreement (including one which provides for a success fee).

58AA

• (1) A damages-based agreement which ... satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement.

• (2) But (subject to subsection (9)) a damages-based agreement which ... does not satisfy those conditions is unenforceable.

• (3) For the purposes of this section—

• (a) a damages-based agreement is an agreement between a person providing advocacy services, litigation services or claims management services and the recipient of those services which provides that—

• (i) the recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided, and

• (ii) the amount of that payment is to be determined by reference to the amount of the financial benefit obtained;

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

• (4) The agreement—

• (a) must be in writing;

• (aa) must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of a description prescribed by the Lord Chancellor;

• (b) if regulations so provide, must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;

• (c) must comply with such other requirements as to its terms and conditions as are prescribed; and

• (d) must be made only after the person providing services under the agreement has complied with such requirements (if any) as may be prescribed as to the provision of information.

• (5) Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements.

• (6) Before making regulations under subsection (4) the Lord Chancellor must consult—

• (a) the designated judges,

• (b) the General Council of the Bar,

• (c) the Law Society, and

• (d) such other bodies as the Lord Chancellor considers appropriate.

• (6A) Rules of court may make provision with respect to the assessment of costs in proceedings where a party in whose favour a costs order is made has entered into a damages-based agreement in connection with the proceedings.

• (7) In this section—

• “payment” includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (4)(b) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly);

• “claims management services” has the same meaning as in the Financial Services and Markets Act 2000 (see section 419A of that Act).

• (7A) In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for the purposes of this section) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.

• (8) Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).

• (9) Where section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies to a damages-based agreement other than one relating to an employment matter, subsections (1) and (2) of this section do not make it unenforceable.

• (10) For the purposes of subsection (9) a damages-based agreement relates to an employment matter if the matter in relation to which the services are provided is a matter that is, or could become, the subject of proceedings before an employment tribunal.

• (11) Subsection (1) is subject to section 47C(8) of the Competition Act 1998.

58B

• (1) A litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a litigation funding agreement.

• (2) For the purposes of this section a litigation funding agreement is an agreement under which—

• (a) a person (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services (by someone other than the funder) to another person (“the litigant”); and

• (b) the litigant agrees to pay a sum to the funder in specified circumstances.

• (3) The following conditions are applicable to a litigation funding agreement—

• (a) the funder must be a person, or person of a description, prescribed by the Secretary of State;

• (b) the agreement must be in writing;

• (c) the agreement must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of any such description as may be prescribed by the Secretary of State;

• (d) the agreement must comply with such requirements (if any) as may be so prescribed;

• (e) the sum to be paid by the litigant must consist of any costs payable to him in respect of the proceedings to which the agreement relates together with an amount calculated by reference to the funder’s anticipated expenditure in funding the provision of the services; and

• (f) that amount must not exceed such percentage of that anticipated expenditure as may be prescribed by the Secretary of State in relation to proceedings of the description to which the agreement relates.

• (4) Regulations under subsection (3)(a) may require a person to be approved by the Secretary of State or by a prescribed person.

• (5) The requirements which the Secretary of State may prescribe under subsection (3)(d)—

• (a) include requirements for the funder to have provided prescribed information to the litigant before the agreement is made; and

• (b) may be different for different descriptions of litigation funding agreements.

• (6) In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for its purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.

• (7) Before making regulations under this section, the Secretary of State shall consult—

• (a) the designated judges;

• (b) the General Council of the Bar;

• (c) the Law Society; and

• (d) such other bodies as he considers appropriate.

• (8) A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any amount payable under a litigation funding agreement.

• (9) Rules of court may make provision with respect to the assessment of any costs which include fees payable under a litigation funding agreement.

60A

• (1) Before making a recommendation under this section, the Legal Services Board must publish a draft of—

• (a) the proposed recommendation, and

• (b) the proposed draft regulations.

• (2) The draft must be accompanied by a notice which states that representations about the proposals may be made to the Board within a specified period.

• (3) Before making the recommendation, the Board must have regard to any representations duly made.

• (4) If the draft regulations to be annexed to the recommendation differ from the draft regulations published under subsection (1)(b) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft recommendations along with a statement detailing the changes made and the reasons for the changes.

The statutory duty.

Litigation funding agreements.

Preparation of papers for probate etc.

Delegation of certain administrative functions of Master of the Rolls.

Widows’ and widowers’ pensions: supplemental.

Widows’ and widowers’ pensions: supplemental.

Redress for inadequate professional services.

Appeals against refusal to restore solicitor’s name to roll under section 8 of the 1974 Act.

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

Financial provisions.

Secretary of State

Advice of Consultative Panel

Advice of Office of Fair Trading

Representations by applicant

Advice of designated judges

Decision by Secretary of State

Effect of grant of application

Requirement of approval

Application to Secretary of State

Early advice of designated judges

Advice of Consultative Panel

Advice of Office of Fair Trading

Representations by applicant

Advice or further advice of designated judges

Decision by Secretary of State

Effect of grant of application

17

• (1) If the Secretary of State considers—

• (a) that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or

• (b) that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,

he may give written notice to the body.

• (2) Before giving notice to an authorised body under sub-paragraph (1) the Secretary of State shall inform each of the designated judges that he intends to do so.

Representations by authorised body

18

• (1) The notice shall invite the authorised body to make representations in writing to the Secretary of State.

• (2) Any such representations must be made before the end of—

• (a) the period of three months beginning with the date on which the notice was given; or

• (b) such other period as the authorised body and the Secretary of State may agree.

• (3) When that period has expired the Secretary of State shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct.

• (4) If the Secretary of State proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of—

• (a) the alterations which he proposes to make; and

• (b) any representations made under sub-paragraph (2),

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

Advice of Consultative Panel

19

• (1) The Consultative Panel shall consider whether the alterations should be made.

• (2) The Secretary of State and the authorised body 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 Office of Fair Trading

20

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

• (2) The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require.

• (3) When the OFT has completed its consideration 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 OFTshall, 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 authorised body) 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.

Further representations by authorised body

21

• (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 authorised body.

• (2) The authorised body 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 authorised body and the Secretary of State may agree, to make representations about the advice to the Secretary of State.

Advice of designated judges

22

• (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 21(2).

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

• (3) The Secretary of State and the authorised body 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.

Decision by Secretary of State

23

• (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 under paragraph 22,

the Secretary of State shall decide whether to make the alterations.

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

• (3) If the Secretary of State has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.

Order effecting alterations

24

If the Secretary of State has decided to make the alterations he may make an order giving effect to the alterations.

Part IV — Revocation of designation

Order in Council

25

• (1) Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Secretary of State may recommend to Her Majesty that an Order in Council be made revoking that designation.

• (2) A recommendation may be made under sub-paragraph (1) only if—

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

• (b) the authorised 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 whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed.

Requirement to seek advice

26

Where the Secretary of State considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the OFT.

Advice of Consultative Panel

27

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

• (2) The Secretary of State and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.

• (3) When the Consultative Panel has completed its investigations it shall—

• (a) advise the Secretary of State as to whether or not there appear to be grounds for making the recommendation; and

• (b) if its advice is that there appear to be such grounds, advise the Secretary of State as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it.

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

Advice of Office of Fair Trading

28

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

• (2) The Secretary of State and the authorised body shall provide the OFT with such additional information as it may reasonably require.

• (3) When the OFT has completed its consideration sh all 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 OFTshall, 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 authorised body) 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.

Notice to authorised body

29

• (1) When the Secretary of State has received the advice of the Consultative Panel and the OFT, he may give to the body a notice containing—

• (a) a copy of the advice; and

• (b) a statement of the effect of an Order made in pursuance of the recommendation.

• (2) The notice shall invite the authorised body to make representations in writing to the Secretary of State.

• (3) Any such representations must be made before the end of—

• (a) the period of three months beginning with the date on which the notice was given; or

• (b) such other period as the authorised body and the Secretary of State may agree.

Notice to members of authorised body

30

• (1) Where the Secretary of State—

• (a) has given a notice to an authorised body under paragraph 29(1); or

• (b) is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(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 authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation.

• (2) Any such steps shall include inviting those members and other persons to make representations to the Secretary of State.

• (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 specified by the Secretary of State.

Advice of designated judges

31

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

• (a) a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and

• (b) in a case where he is required to seek the advice of the Consultative Panel and the OFT, a copy of the advice given to him by the Consultative Panel and the OFTand of any representations made under paragraph 29.

• (2) Each of the designated judges shall then consider whether the Secretary of State should make the recommendation.

• (3) The Secretary of State and the authorised body 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.

Consideration by Secretary of State

32

Before deciding whether to make the recommendation the Secretary of State shall consider—

• (a) any representations made under paragraph 30 and the advice given by each of the designated judges; and

• (b) in a case where he is required to seek the advice of the Consultative Panel and the OFT, the advice given to him by the Consultative Panel and the OFTand of any representations made under paragraph 29.

The Order

33

• (1) An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision.

• (2) Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order.

• (3) Where such an Order is made, the Secretary of State shall—

• (a) give the body written notice of the making of the Order and of his reasons for recommending that it be made;

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

• (c) 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.

Appellate Jurisdiction Act 1876 (c. 59)

War Pensions (Administrative Provisions) Act 1919 (c. 53)

Land Registration Act 1925 (c. 21)

Agriculture Act 1947 (c. 48)

Lands Tribunal Act 1949 (c. 42)

National Health Service (Amendment) Act 1949 (c. 93)

Courts-Martial Appeals Act 1951 (c. 46)

Agricultural Marketing Act 1958 (c. 47)

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

Charities Act 1960 (c. 58)

Professions Supplementary to Medicine Act 1960 (c. 66)

Betting Gaming and Lotteries Act 1963 (c. 2)

Ecclesiastical Jurisdiction Measure 1963 (No. 1)

Plant Varieties and Seeds Act 1964 (c. 14)

Hairdressers (Registration) Act 1964 (c. 89)

City of London Courts Act 1964 (c. iv)

Law Commissions Act 1965 (c. 22)

Commons Registration Act 1965 (c. 64)

Employment Tribunal (England and Wales) Regulations 1965

Veterinary Surgeons Act 1966 (c. 36)

Hearing Aid Council Act 1968 (c. 50)

Taxes Management Act 1970 (c. 9)

Courts Act 1971 (c. 23)

Immigration Act 1971 (c. 77)

Friendly Societies Act 1974 (c. 46)

Social Security Act 1975 (c. 14)

Farriers Registration Act 1975 (c. 35)

Industry Act 1975 (c. 68)

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

Insurance Brokers (Registration) Act 1977 (c. 46)

Nurses, Midwives and Health Visitors Act 1979 (c. 36)

Justices of the Peace Act 1979 (c. 55)

Social Security Act 1980 (c. 30)

Senior Courts Act 1981 (c. 54)

Representation of the People Act 1983 (c. 2)

Mental Health Act 1983 (c. 20)

Value Added Tax Act 1983 (c. 55)

Medical Act 1983 (c. 54)

Pastoral Measure 1983 (No. 1)

Merchant Shipping Act 1984 (c. 5)

Dentists Act 1984 (c. 24)

County Courts Act 1984 (c. 28)

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

Prosecution of Offences Act 1985 (c. 23)

Administration of Justice Act 1985 (c. 61)

Transport Act 1985 (c. 67)

Insolvency Act 1986 (c. 45)

Coroners Act 1988 (c. 13)

Criminal Justice Act 1988 (c. 33)

Copyright, Designs and Patents Act 1988 (c. 48)

Opticians Act 1989 (c. 44)

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

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

2A

• (1) The Society may direct that a foreign lawyer's registration is to have effect subject to such conditions as the Society thinks fit to impose.

• (2) A direction under sub-paragraph (1) may be given in respect of a foreign lawyer

• (a) at the time he is first registered, or

• (b) at any time when the registration has effect.

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

The Mental Health Act 1983 (c.20)

The Matrimonial Causes Act 1973 (c.18)

The Fair Trading Act 1973 (c.41)

The Consumer Credit Act 1974 (c.39)

The Restrictive Trade Practices Act 1976 (c.34)

The Patents Act 1977 (c.37)

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

The Estate Agents Act 1979 (c.38)

The Competition Act 1980 (c.21)

The Magistrates’ Courts Act 1980 (c.43)

Editorial notes

[^c12472801]: For extent of this Act see s. 123

[^c19958991]: S. 1(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 212(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

[^c20034791]: Words in s. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

[^c19958971]: Words in s. 1(9) repealed (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 212(3); S.I. 2005/2505, art. 2(c)

[^c19958961]: S. 1(12) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 348, Sch. 10; S.I. 2005/910, art. 3(y)(aa)(bb)

[^c19959031]: S. 1(13) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 212(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

[^c12472841]: S. 2 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art.2, Sch.

[^c12472851]: 1984 c. 28.

[^c12472861]: 1984 c. 28.

[^c19956621]: S. 2(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

[^c12472881]: S. 3 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.

[^c12472891]: S. 4 wholly in force at 1.10.1991 see s. 124(3) and S.I. 1991/1883, art. 2

[^c12472901]: 1981 c. 54.

[^c20489671]: S. 4: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

[^c12472911]: 1984 c. 28.

[^c12472941]: S. 7 wholly in force at 1.10.1993; s. 7 not in force at Royal Assent see s. 124(3); s. 7(2) and s. 7(1) so far as relating to s. 7(2) in force at 1.10.1993, and subject thereto s. 7 came into force on 23.7.1993, by S.I. 1993/2132, arts. 2, 3, Sch.

[^c12472951]: 1981 c. 54.

[^c20489681]: S. 7: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

[^c12472961]: S. 7(3)(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. III (with Sch. 14 paras. 7(2), 36(9))

[^c12473251]: S. 11 restricted (26.4.1999) by S.I. 1998/3132, rule 27.14(4)

[^c19959151]: Words in s. 11(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 214(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

[^c12473261]: 1974 c. 39.

[^c12473271]: S. 11(2)(e) substituted (26.4.1999) by S.I. 1999/1217, art. 3

[^c12473281]: 1974 c. 47.

[^c19959211]: S. 11(10) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 146, 148, Sch. 4 para. 214(3), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11, 30

[^c19959191]: S. 11(12) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 214(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

[^c19956731]: S. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

[^c19956841]: S. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

[^c12473331]: S. 15 wholly in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, sch.

[^c20013441]: S. 15(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

[^c12473351]: 1984 c. 28.

[^c19956851]: S. 16 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}

[^c19965901]: S. 17 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(aa) (with art. 9)

[^c19965911]: S. 18 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(aa) (with art. 9)

[^c19965921]: S. 18A repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(aa) (with art. 9)

[^c12473451]: S. 18A and crossheading preceding it inserted (1.1.2000) by 1999 c. 22, s. 35(2) (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a)

[^c12473491]: S. 19 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/3344, art. 2(d), Sch. 1 para. 4

[^c12473511]: S. 20 repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/3344, art. 2(d), Sch. 1 para. 4

[^c12473471]: S. 19 and crossheading preceding it repealed (1.1.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/3344, art. 2(d), Sch. 1 para. 4

[^c19965941]: S. 27 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(d), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(bb) (subject to art. 6, with art. 9)

[^c19966031]: S. 28 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(bb) (subject to art. 6, with art. 9)

[^c19966061]: S. 29 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(f), Sch. 23 (with ss. 29, 192, 193)); S.I. 2009/3250, art. 2(i)(viii)(bb) (subject to art. 6, with art. 9)

[^c19966071]: S. 31 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(g), Sch. 23 (with ss. 29, 192, 193)); S.I. 2009/3250, art. 2(i)(viii)(cc) (with art. 9)

[^c19966081]: S. 31A repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 84(h), Sch. 23 (with ss. 29, 192, 193)); S.I. 2009/3250, art. 2(i)(viii)(cc) (with art. 9)

[^c12474021]: S. 31B inserted (31.7.2000) by 1999 c.22, s. 38 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 2(a)

[^c19965671]: S. 31B(1)(1A) substituted (1.1.2010) for s. 31B(1) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

[^c19965711]: Words in s. 31B(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(b)(i) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

[^c19965751]: Words in s. 31B(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(b)(ii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

[^c19965771]: Word in s. 31B(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

[^c19965791]: S. 31B(4) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 85(d) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

[^c12474041]: S. 31C inserted (31.7.2000) by 1999 c.22, s. 39 (with Sch. 7(2)); S.I. 2000/1920, art. 2(a)

[^c19965811]: S. 31C(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 86(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

[^c19965831]: Words in s. 31C(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 86(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)