71 Qualification for judicial and certain other appointments.
(1) In section 10(3) of the Senior Courts Act 1981—
(a) in paragraph (b) (qualification for appointment as Lord Justice of Appeal) for the words “unless he is a barrister of at least fifteen years’ standing or a judge of the High Court” there shall be substituted—
unless—
(i) he has a 10 year High Court qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(ii) he is a judge of the High Court;
;
(b) in paragraph (c) (qualification for appointment as puisne judge of the High Court) for the words “unless he is a barrister of at least ten years’ standing” there shall be substituted—
unless—
(i) he has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(ii) he is a Circuit judge who has held that office for at least 2 years.
(2) Schedule 10 shall have effect for the purpose of making amendments to other enactments, measures and statutory instruments which relate to qualification for judicial and certain other appointments.
(3) For the purposes of this section, a person has—
(a) a ” Senior Courts qualification" if he has a right of audience in relation to all proceedings in the Senior Courts;
(b) a “High Court qualification” if he has a right of audience in relation to all proceedings in the High Court;
(c) a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the Senior Courts, or all proceedings in county courts or magistrates’ courts;
(d) a “Crown Court qualification” if he has a right of audience in relation to all proceedings in the Crown Court;
(e) a “county court qualification” if he has a right of audience in relation to all proceedings in the county court;
(f) a “magistrates’ court qualification” if he has a right of audience in relation to all proceedings in magistrates’ courts.
(4) References in subsection (3) to a right of audience are references to a right of audience exercisable by virtue of an authorisation given by a relevant approved regulator.
(5) Any reference in any enactment, measure or statutory instrument to a person having such a qualification of a particular number of years’ length shall be construed as a reference to a person who—
(a) for the time being has that qualification, and
(b) has had it for a period (which need not be continuous) of at least that number of years.
(6) Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the relevant approved regulator from exercising it shall not count towards the period mentioned in subsection (5)(b).
(6A) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) For each of the Circuits there shall be at least two Presiding Judges, appointed from among the puisne judges of the High Court.
(2) There shall be a Senior Presiding Judge for England and Wales, appointed from among the Lords Justices of Appeal.
(3) Any appointment under subsection (1) or (2) shall be made by the Lord Chief Justice with the agreement of the Lord Chancellor.
(4) In this section “the Circuits” means—
(a) the Midland and Oxford Circuit;
(b) the North Eastern Circuit;
(c) the Northern Circuit;
(d) the South Eastern Circuit;
(e) the Western Circuit; and
(f) the Wales and Chester Circuit,
or such other areas of England and Wales as the Lord Chancellor may from time to time, after consulting the Lord Chief Justice, direct.
(5) A person appointed as a Presiding Judge or as the Senior Presiding Judge shall hold that office in accordance with the terms of his appointment.
(6) In section 4 of the Senior Courts Act 1981 (composition of High Court)—
(a) in subsection (1), after the words “Vice-Chancellor" there shall be inserted—
(dd) the Senior Presiding Judge
; and
(b) in subsection (6) for the words “or Vice-Chancellor" there shall be substituted “ Vice-Chancellor or Senior Presiding Judge" ”.
73 Delegation of certain administrative functions of Master of the Rolls.
(1) Where the Master of the Rolls expects to be absent at a time when it may be appropriate for any relevant functions of his to be exercised, he may appoint a judge of the Senior Courts to exercise those functions on his behalf.
(2) Where the Master of the Rolls considers that it would be inappropriate for him to exercise any such functions in connection with a particular matter (because of a possible conflict of interests or for any other reason), he may appoint a judge of the Senior Courts to exercise those functions on his behalf in connection with that matter.
(3) Where the Master of the Rolls is incapable of exercising his relevant functions, the Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts to exercise, on behalf of the Master of the Rolls, such of those functions as the Lord Chief Justice and Lord Chancellor consider appropriate.
(4) Any appointment under this section shall be in writing and shall specify—
(a) the functions which may be exercised by the appointed judge; and
(b) the period for which the appointment is to have effect.
(5) In this section “relevant functions” means any functions of the Master of the Rolls under—
(a) section 144A of the Law of Property Act 1922 (functions in relation to manorial documents);
(b) section 7(1) of the Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);
(c) the Solicitors Act 1974 (which gives the Master of the Rolls various functions in relation to solicitors);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
(1) The offices of—
(a) registrar, assistant registrar and deputy registrar for each county court district; and
(b) district registrar, assistant district registrar and deputy district registrar for each district registry of the High Court,
shall become the offices of district judge, assistant district judge and deputy district judge respectively.
(2) The office of registrar of the principal registry of the Family Division of the High Court shall become the office of district judge of the principal registry of the Family Division.
(3) Any reference in any enactment, instrument or other document to an office which is, or includes, one to which this section applies shall be construed as a reference to, or (as the case may be) as including a reference to, that office by its new name.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In section 118 of that Act (power of judge to commit for contempt) after subsection (2) there shall be inserted—
(3) A district judge, assistant district judge or deputy district judge shall have the same powers under this section in relation to proceedings before him as a judge.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No person holding as a full-time appointment any of the offices listed in Schedule 11 shall—
(a) provide any advocacy or litigation services (in any jurisdiction);
(b) provide any conveyancing or probate services;
(ba) carry on any notarial activities (within the meaning of the Legal Services Act 2007);
(c) practise as a barrister, solicitor, public notary , licensed conveyancer or licensed CLC practitioner , or be indirectly concerned in any such practice;
(d) practise as an advocate or solicitor in Scotland, or be indirectly concerned in any such practice; or
(e) act for any remuneration to himself as an arbitrator or umpire.
(1) A person holding any of the following offices—
(a) district judge, including district judge of the principal registry of the Family Division;
(b) Master of the Queen’s Bench Division;
(c) Master of the Business and Property Division;
(d) Insolvency and Companies Court Judge;
(e) Taxing Master of the Senior Courts;
(f) Admiralty Registrar,
shall take the oath of allegiance and the judicial oath before a judge of the High Court or a Circuit judge.
(2) The Promissory Oaths Act 1868 shall have effect as if the offices listed in the Second Part of the Schedule to that Act included those offices.
77 Age for retirement of certain Senior Courts officers.
(1) In section 92 of the Senior Courts Act 1981 (tenure of office) for subsection (2) there shall be substituted—
(2) Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.
(2A) Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixty-two years.
(2B) Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2 and the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.
(2C) For the purposes of subsections (1) and (2A) a person who has successively held two or more offices listed in column 1 of Part I or II of Schedule 2 shall be treated as completing a year of service on the anniversary of his appointment to the first of them.
(2) After subsection (3) of that section (retirement age increased in certain circumstances to 75 years) there shall be inserted—
(3A) Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.
(3) In subsection (4) of that section (person to hold office during good behaviour) after the words “subsection (1)" there shall be inserted “ or (2A)" ”.
(1) The office of Registrar of Criminal Appeals shall be combined with the office of Queen’s Coroner and Attorney and Master of the Crown Office.
(2) After section 13 of the Judicial Pensions Act 1981 there shall be inserted—
Registrar of Criminal Appeals.
13A There may be paid to persons who have held the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals such superannuation allowances as the Lord Chancellor may, with the approval of the Treasury, determine.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The following section shall be inserted in the Judicial Pensions Act 1981, after section 18 (which sets out the conditions on which a widow’s pension is payable)—
Widowers’ pensions.
18A (1) Section 18 above shall have effect in relation to the death of a female person as it has effect in relation to the death of a male person but as if—
(a) for the words “widow", “widow’s pension" and “wife" there were substituted “ widower" ”, “ widower’s pension" ” and “ husband" ”; and
(b) for the words “his", “he" and “him" there were substituted “ hers" ”, “ she" ” and “ her" ”.
(2) The transitional provisions in Part IV of Schedule 2 to this Act shall have effect in relation to widowers’ pensions.
(2) The transitional provisions set out in Schedule 12 shall be inserted in the Act of 1981 as Part IV of Schedule 2 to that Act.
For section 19 of the Judicial Pensions Act 1981 (determination of widow’s pension) there shall be substituted—
Widows’ and widowers’ pensions.
19 (1) No widow’s or widower’s pension may be granted if the marriage with the deceased took place after he or she retired from relevant service.
(2) A widow’s or widower’s pension shall come to an end on the death of the widow or widower.
(3) Where a widow’s or widower’s pension is payable the Treasury may, on or at any time after the re-marriage of the widow or widower, direct that it shall cease to be payable.
(4) Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed.
(5) The annual amount of a widow’s or widower’s pension may be one half of the annual amount of the personal pension.
(1) In the Judicial Pensions Act 1981, the following section shall be inserted after section 33—
Voluntary contributions.
33A (1) Regulations shall make provision entitling any member of a judicial pension scheme constituted by this Act or the Sheriffs’ Pensions (Scotland) Act 1961 to make voluntary contributions towards the cost of the provision of additional benefits under the scheme.
(2) The regulations—
(a) may not prohibit the payment of voluntary contributions;
(b) may not impose any limit on the amount which any member may pay by way of voluntary contributions other than an upper limit corresponding to that for the time being fixed by or under section 594 of the Income and Corporation Taxes Act 1988 (exempt statutory schemes);
(c) must secure that any voluntary contributions paid by a member of a scheme are used to provide prescribed additional benefits for or in respect of him; and
(d) must secure that the value of such additional benefits is reasonable, having regard to—
(i) the amount paid by way of voluntary contributions;
(ii) the value of the other benefits provided under the scheme; and
(iii) the general value of benefits available to a person under any contract of life insurance entered into by him with an insurance company to which Part II of the Insurance Companies Act 1982 (regulation of insurance companies carrying on insurance business within the United Kingdom) applies.
(3) The regulations may, in particular—
(a) provide that the value of additional benefits offered on payment of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary; and
(b) prescribe the manner in which it is to be determined in any case whether the amount of a person’s contributions exceeds any limit imposed by virtue of subsection (2)(b) above.
(4) Nothing in subsection (2) shall be taken to prevent the regulations from limiting the overall amount which a member may pay by way of voluntary contributions by reference to the maximum entitlement of members under the scheme.
(5) Regulations made under this section may make provision for consequential and incidental matters, including, in particular, consequential provision with respect to any enactment referring or relating to lump sums payable under Part II of this Act.
(6) Regulations under this section may be made—
(a) by the Lord Chancellor; or
(b) in relation to pensions for service in offices existing only in Scotland, by the Secretary of State,
with the consent of the Treasury.
(7) The power to make regulations under this section shall be exercisable by statutory instrument.
(8) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In Article 14 of the Social Security (Northern Ireland) Order 1986 (voluntary contributions in Northern Ireland) the following paragraph shall be inserted after paragraph (10)—
(10A) This Article does not apply in relation to any pension payable under the Judicial Pensions Act 1981.
83 Period of service to qualify for certain superannuation benefits.
(1) In each of the following provisions (which among other things require a minimum number of years service for qualification for superannuation benefits)—
(a) section 7(1) of the Judicial Pensions Act 1981 (stipendiary magistrates);
(b) section 9(1) of that Act (Judge Advocate General);
(c) paragraph 4(1)(b) of Schedule 1 to that Act (Supreme Court officers etc); and
(d) section 1(1) of the Sheriffs’ Pensions (Scotland) Act 1961,
for the words “5 years", or “five years", there shall be substituted, in each case, “ 2 years" ”.
(2) In section 7(3) of the Act of 1981 (rate of pension payable to a stipendiary magistrate) for “(a)" there shall be substituted—
(a) if the period of service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary,
(aa)
.
(3) In section 9 of the Act of 1981 (rate of pension payable to Judge Advocate General) the following subsection shall be inserted after subsection (3)—
(3A) The annual rate of pension payable under this section to a person retiring after less than 5 (but not less than 2) years service shall be 6/80ths of his last annual salary.
(4) In paragraph 4(4) of Schedule 1 to the Act of 1981 (rate of pension payable to an officer of the Supreme Court etc.) for “(a)" there shall be substituted—
(a) if the period of relevant service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary,
(aa)
.
(5) In subsections (2) and (3) of section 3 of the Sheriffs’ Pensions (Scotland) Act 1961 (rate of pension payable to sheriff and salaried sheriff-substitute) for “(a)" there shall, in each case, be substituted—
(a) where the period of his relevant service exceeds two years but is less than five years, six eightieths of his last annual salary;
(aa)
.
85 Practising certificates for employed solicitors.
After section 1 of the Solicitors Act 1974 (qualifications for practising as solicitor) there shall be inserted the following section—
Practising certificates: employed solicitors.
1A A person who has been admitted as a solicitor and whose name is on the roll shall, if he would not otherwise be taken to be acting as a solicitor, be taken for the purposes of this Act to be so acting if he is employed in connection with the provision of any legal services—
(a) by any person who is qualified to act as a solicitor;
(b) by any partnership at least one member of which is so qualified; or
(c) by a body recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985 (incorporated practices).
89 Foreign lawyers: recognised bodies and partnerships with solicitors.
(1) The Law Society shall maintain a register of foreign lawyers for the purposes of this section.
(2) A foreign lawyer who wishes to be registered under this section must apply to the Society in accordance with the requirements of Part I of Schedule 14.
(3) The power to make rules under—
(a) the following provisions of the Solicitors Act 1974—
(i) section 31 (professional practice, conduct and discipline);
(ii) section 32 (accounts and trust accounts);
(iii) section 34 (accountants’ reports);
(iv) sections 36 and 36A (compensation grants); and
(v) section 37 (professional indemnity); and
(b) section 9 of the Administration of Justice Act 1985 (incorporated practices),
shall also be exercisable in relation to registered foreign lawyers.
(4) Subject to the provisions of Schedule 14, any such power may be exercised so as to make different provision with respect to registered foreign lawyers to the provision made with respect to solicitors.
(5) Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument—
(a) passed or made before or in the same Session as the Legal Services Act 2007 was passed;
(b) having effect in relation to solicitors; and
(c) specified in the order,
shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.
(6) An order under subsection (5) may provide for an enactment or instrument to have effect with respect to registered foreign lawyers subject to such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.
(7) Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument—
(a) passed or made before or in the same Session as the Legal Services Act 2007 was passed;
(b) having effect in relation to recognised bodies; and
(c) specified in the order,
shall, in its application in relation to recognised bodies whose managers include one or more registered foreign lawyers, have effect with such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.
(8) Schedule 14 shall have effect for the purposes of supplementing this section.
(8A) Rules and regulations made by the Law Society under, or by virtue of, this section or Schedule 14 which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act.
(9) In this section and in Schedule 14—
“foreign lawyer” means a person who is not a solicitor or barrister but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outside England and Wales;
“manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);
“multi-national partnership” means a partnership whose members consist of one or more registered foreign lawyers and one or more other lawyers as permitted by rules made under section 31 of the Solicitors Act 1974;
“recognised body” has the same meaning as in section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices); and
“registered foreign lawyer” means a foreign lawyer who is registered under this section.
91 Power of Law Society to intervene in solicitors’ practices.
(1) In paragraph 1 of Schedule 1 to the Solicitors Act 1974 (circumstances in which Society may intervene in solicitors’ practices) the following paragraphs shall be added at the end—
(h) the Council are satisfied that a sole solicitor has abandoned his practice;
(i) the Council are satisfied that a sole solicitor is incapacitated by age to such an extent as to be unable to attend to his practice;
(j) any power conferred by this Schedule has been exercised in relation to a sole solicitor by virtue of sub-paragraph (1)(a) and he has acted as a sole solicitor within the period of eighteen months beginning with the date on which it was so exercised;
(k) the Council are satisfied that a person has acted as a solicitor at a time when he did not have a practising certificate which was in force;
(l) the Council are satisfied that a solicitor has failed to comply with any condition, subject to which his practising certificate was granted or otherwise has effect, to the effect that he may act as a solicitor only—
(i) in employment which is approved by the Society in connection with the imposition of that condition;
(ii) as a member of a partnership which is so approved;
(iii) as an officer of a body recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985 and so approved; or
(iv) in any specified combination of those ways.
(2) In section 15 of the Act of 1974 (suspension of practising certificates) the following subsections shall be inserted after subsection (1)—
(1A) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 1 has been exercised in relation to a solicitor by virtue of paragraph 1(1)(a)(i), (c) (so far as it applies to rules made by virtue of section 32) or (e) of that Schedule, the exercise of that power shall operate immediately to suspend any practising certificate of that solicitor for the time being in force.
(1B) Subsection (1A) does not apply if, at the time when the power referred to there is exercised, the Society directs that subsection (1A) is not to apply in relation to the solicitor concerned.
(1C) If, at the time when the power referred to in subsection (1A) is exercised, the Society gives a direction to that effect, the solicitor concerned may continue to act in relation to any matter specified in the direction as if his practising certificate had not been suspended by virtue of subsection (1A), but subject to such conditions (if any) as the Society sees fit to impose.
(3) In section 16 of the Act of 1974 (duration of suspension of practising certificates) in subsection (3) the following paragraph shall be inserted after paragraph (c)—
(d) by virtue of section 15(1A)
.
92 Functions of the Solicitors Disciplinary Tribunal.
(1) Section 47 of the Solicitors Act 1974 (jurisdiction and powers of the Tribunal) shall be amended as follows.
(2) The following subsections shall be substituted for subsections (1) and (2)—
(1) Any application—
(a) to strike the name of a solicitor off the roll;
(b) to require a solicitor to answer allegations contained in an affidavit;
(c) to require a former solicitor whose name has been removed from or struck off the roll to answer allegations contained in an affidavit relating to a time when he was a solicitor;
(d) by a solicitor who has been suspended from practice for an unspecified period, by order of the Tribunal, for the termination of that suspension;
(e) by a former solicitor whose name has been struck off the roll to have his name restored to the roll;
(f) by a former solicitor in respect of whom a direction has been given under subsection (2)(g) to have his name restored to the roll,
shall be made to the Tribunal; but nothing in this subsection shall affect any jurisdiction over solicitors exercisable by the Master of the Rolls, or by any judge of the High Court, by virtue of section 50.
(2) Subject to subsection (3) and to section 54, on the hearing of any application or complaint made to the Tribunal under this Act, other than an application under section 43, 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 roll of the name of the solicitor to whom the application or complaint relates;
(b) the suspension of that solicitor from practice indefinitely or for a specified period;
(c) the payment by that solicitor or former solicitor of a penalty not exceeding £5,000, which shall be forfeit to Her Majesty;
(d) in the circumstances referred to in subsection (2A), the exclusion of that solicitor from legal aid work (either permanently or for a specified period);
(e) the termination of that solicitor’s unspecified period of suspension from practice;
(f) the restoration to the roll of the name of a former solicitor whose name has been struck off the roll and to whom the application relates;
(g) in the case of a former solicitor whose name has been removed from the roll, a direction prohibiting the restoration of his name to the roll except by order of the Tribunal;
(h) in the case of an application under subsection (1)(f), the restoration of the applicant’s name to the roll;
(i) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.
(3) In subsection (2A) for the words “(2)(bb)" there shall be substituted “ (2)(d)" ”.
(4) After subsection (3) there shall be inserted—
(3A) Where, on the hearing of any application or complaint under this Act, the Tribunal is satisfied that more than one allegation is proved against the person to whom the application or complaint relates it may impose a separate penalty (by virtue of subsection (2)(c)) with respect to each such allegation.
(5) In section 48(2) of that Act (recording and publishing of orders of the Tribunal)—
(a) for the words “(a) to (e)" there shall be substituted “ (a) to (i)" ”;
(b) in paragraph (a) after the word “solicitor" there shall be inserted “ or former solicitor" ”;
(c) in paragraph (b) for the words “paragraph (d) or (e) of that subsection" there shall be substituted “ paragraph (e), (f), (h) or (i) of section 47(2)" ”.
(6) In section 49(1)(a) of that Act (appeal from Tribunal to the Master of the Rolls) for the words “47(1)(b)" there shall be substituted “ 47(1)(d), (e) or (f)" ”.
94 Solicitors charged with or convicted of fraud or serious crime.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After section 13A of that Act there shall be inserted the following section—
Suspension of practising certificates where solicitors convicted of fraud or serious crime.
13B (1) Where—
(a) a solicitor has been convicted of—
(i) an offence involving dishonesty or deception; or
(ii) a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984); and
(b) the Society has made an application to the Tribunal under section 47 with respect to him,
the Society may direct that any practising certificate of his which is for the time being in force be suspended.
(2) Any such suspension shall be for such period, not exceeding six months, as the Society shall specify in the direction.
(3) If, before the specified period expires—
(a) the Tribunal determines the Society’s application;
(b) the conviction is quashed or set aside; or
(c) the Society withdraws its application to the Tribunal,
the suspension shall cease to have effect.
(4) Where the specified period comes to an end without any of the events mentioned in subsection (3) having occurred, the Society may direct that the suspension be continued for such period, not exceeding six months, as it shall specify in the direction.
(5) A suspension under this section may only be extended once under subsection (4).
(6) Nothing in this section is to be taken as in any way affecting the Tribunal’s power to suspend a solicitor from practice.
(7) A solicitor in whose case a direction is given under subsection (1) or (4) may appeal to the Master of the Rolls against the direction within one month of being notified of it.
(8) In an appeal under subsection (7), the Master of the Rolls may—
(a) affirm the suspension;
(b) direct that the appellant’s certificate shall not be suspended but shall have effect subject to such conditions as the Master of the Rolls thinks fit;
(c) by order revoke the direction; or
(d) make such other order as he thinks fit.
95 Appeals against refusal to restore solicitor’s name to roll under section 8 of the 1974 Act.
In section 8 of the Solicitors Act 1974 (removal or restoration of name at solicitor’s request) the following subsections shall be added at the end—
(4) An appeal from any decision of the Society under subsection (2) shall lie to the Master of the Rolls.
(5) The Master of the Rolls may make regulations about appeals to him under this section.
The following section shall be substituted for section 79 of the Solicitors Act 1974 (committees of the Council)—
Committees and sub-committees of the Council.
79 (1) Subject to any provision to the contrary made by or under any enactment, the Council may arrange for any of its functions (other than reserved functions) to be discharged by—
(a) a committee of the Council;
(b) a sub-committee of such a committee; or
(c) an individual (whether or not a member of the Society’s staff).
(2) Where, by virtue of subsection (1)(a), any of the Council’s functions may be discharged by a committee, the committee may arrange for the discharge of any of those functions by—
(a) a sub-committee of that committee; or
(b) an individual (whether or not a member of the Society’s staff).
(3) Where, by virtue of subsection (1) or (2), any of the Council’s functions may be discharged by a sub-committee, the sub-committee may arrange for the discharge of any of those functions by a member of the Society’s staff.
(4) Subsections (2) and (3) shall have effect subject to any contrary direction given by the Council.
(5) Subject to any direction given by the Council under subsection (4), subsection (3) shall have effect subject to any contrary direction given by the committee concerned.
(6) Any power given by subsection (1), (2) or (3) may be exercised so as to impose restrictions or conditions on the body or individual by whom the functions concerned are to be discharged.
(7) A committee of the Council, and any sub-committee of such a committee, discharging functions delegated under this section may include persons other than—
(a) members of the Council;(b) members of the Society;(c) solicitors.
(8) The majority of the members of any such committee or sub-committee may be persons who may be included by virtue of subsection (7).
(9) The number and term of office of the members of such a committee and the number of those members necessary to form a quorum, shall be fixed by the Council.
(10) Subject to any restriction or condition imposed by the Council, the number and term of office of the members of such a sub-committee and the number of those members necessary to form a quorum, shall be fixed by the committee concerned.
(11) The validity of any proceedings of such a committee or sub-committee shall not be affected by any casual vacancy among its members.
(12) In this section “reserved functions” means—
(a) the function of making rules or regulations under section 2, 31, 32, 34, 36, or 37 or under section 9 of the Administration of Justice Act 1985 (incorporated practices);
(b) the function of setting fees or financial contributions under paragraph 2(1) of Schedule 2 or section 8(2) or under paragraph 6 of Schedule 2 to the Administration of Justice Act 1985.
98 Agreements with solicitors for payment by hourly rates.
(1) Section 57 of the Solicitors Act 1974 (non-contentious business agreements) shall be amended in accordance with subsections (2) to (4).
(2) In subsection (2) (method of payment which may be agreed), after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.
(3) In subsection (4), for the words “Subject to subsection (5)" there shall be substituted “ Subject to subsections (5) and (7)" ”.
(4) After subsection (5) there shall be inserted the following subsections—
(6) Subsection (7) applies where the agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.
(7) If, on the taxation of any costs, the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into—
(a) the number of hours worked by the solicitor; and
(b) whether the number of hours worked by him was excessive.
(5) In section 59(1) of the Act of 1974 (method of payment which may be agreed in contentious business agreement) after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.
(6) In section 60(1) of the Act of 1974 (which among other things provides for section 69 of that Act not to apply to contentious business agreements), after the word “or" there shall be inserted “ (except in the case of an agreement which provides for the solicitor to be remunerated by reference to an hourly rate)" ”.
(7) In section 61 of the Act of 1974 (enforcement of contentious business agreements), the following subsections shall be inserted after subsection (4)—
(4A) Subsection (4B) applies where a contentious business agreement provides for the remuneration of the solicitor to be by reference to an hourly rate.
(4B) If on the taxation of any costs the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into—
(a) the number of hours worked by the solicitor; and
(b) whether the number of hours worked by him was excessive.
100 Specific powers of arbitrator exercisable by High Court.
After section 43 of the Senior Courts Act 1981 there shall be inserted the following section—
Specific powers of arbitrator exercisable by High Court.
43A In any cause or matter proceeding in the High Court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the High Court may, if all parties to the agreement agree, exercise any such powers.
109 Liability of resident magistrates etc. in Northern Ireland for damages and costs.
(1) The Magistrates’ Courts (Northern Ireland) Order 1981 shall be amended as follows.
(2) For Articles 5 and 6 (general immunity of resident magistrates etc.) there shall be substituted the following Articles—
Immunity of resident magistrates etc. for acts within jurisdiction.
5 No action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—
(a) in the execution of his duty—
(i) as such a magistrate or justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; and
(b) with respect to any matter within his jurisdiction.
Immunity for certain acts beyond jurisdiction.
6 An action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—
(a) in the purported exercise of his duty—
(i) as such a magistrate or justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; but
(b) with respect to a matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
(3) After Article 145 there shall be inserted the following Article—
Immunity of county court judges hearing appeals under this Part.
145A Articles 5, 6 and 10 shall apply in relation to a county court judge sitting in connection with an appeal under this Part as they apply in relation to a resident magistrate.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110 Jurisdiction of the Parliamentary Commissioner for Administration.
(1) In section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation), the following subsection shall be added at the end—
(6) For the purposes of this section, administrative functions exercisable by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of the Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.
(2) In Schedule 3 to that Act (matters not subject to investigation), the following paragraph shall be inserted after paragraph 6—
6A Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.
111 Costs against legal representatives etc. in criminal proceedings.
The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—
Costs against legal representatives etc.
19A (1) In any criminal proceedings—
(a) the Court of Appeal;
(b) the Crown Court; or
(c) a magistrates’ court,
may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.
(2) Regulations shall provide that a legal or other representative against whom action is taken by a magistrates’ court under subsection (1) may appeal to the Crown Court and that a legal or other representative against whom action is taken by the Crown Court under subsection (1) may appeal to the Court of Appeal.
(3) In this section—
“legal or other representative”, in relation to any proceedings, means a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings;
“regulations” means regulations made by the Lord Chancellor; and
“wasted costs” means any costs incurred by a party—
(a) as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or
(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
112 Costs against legal representatives in magistrates’ courts.
The following section shall be inserted in the Magistrates’ Courts Act 1980 after section 145 (which contains supplementary provisions about rules of court)—
Rules: costs order against legal representative.
145A (1) In any civil proceedings, a magistrates’ court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules.
(2) In subsection (1), “wasted costs” means any costs incurred by a party—
(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
(3) In this section “legal or other representative”, in relation to any proceedings, means any person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings.
(4) Rules made by virtue of this section may, in particular, make provision as to the destination of any payment required to be made under the rules (including provision for the reimbursement of sums paid by the Legal Aid Board).
(5) Rules made by virtue of this section—
(a) shall require a magistrates’ court which proposes to act under the rules against a legal or other representative to allow him a reasonable opportunity to appear before it and show cause why it should not do so;
(b) shall provide that action may be taken under the rules either on the application of any party to the proceedings or on the motion of the court;
(c) shall provide that no such action shall be taken after the end of the period of six months beginning with the date on which the proceedings are disposed of by the court; and
(d) shall provide that a legal or other representative against whom action is taken under the rules may appeal to the Crown Court.
A report of a case made by a person who is not a barrister but who is a solicitor or has a Senior Courts qualification (within the meaning of section 71) shall have the same authority as if it had been made by a barrister.