Law

Access to Justice Act 1999

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 125 provisions
  1. Title and introductory text
  2. 1 Legal Services Commission.
  3. 2 Power to replace Commission with two bodies.
  4. 3 Powers of Commission.
  5. 4 Community Legal Service.
  6. 5 Funding of services.
  7. 6 Services which may be funded.
  8. 7 Individuals for whom services may be funded.
  9. 8 Code about provision of funded services.
  10. 8A Funding code: pilot provisions
  11. 9 Procedure relating to funding code.
  12. 10 Terms of provision of funded services.
  13. 11 Costs in funded cases.
  14. 11A Pilot schemes
  15. 12 Criminal Defence Service.
  16. 13 Advice and assistance.
  17. 14 Representation.
  18. 15 Selection of representative.
  19. 16 Code of conduct.
  20. 17 Terms of provision of funded services.
  21. 17A Contribution orders
  22. 18 Funding.
  23. 18A Pilot schemes
  24. 19 Foreign law.
  25. 20 Restriction of disclosure of information.
  26. 21 Misrepresentation etc.
  27. 22 Position of service providers and other parties etc.
  28. 23 Guidance.
  29. 24 Consequential amendments.
  30. 25 Orders, regulations and directions.
  31. 26 Interpretation.
  32. 27 Conditional fee agreements.
  33. 29 Recovery of insurance premiums by way of costs.
  34. 30 Recovery where body undertakes to meet costs liabilities.
  35. 31 Rules as to costs.
  36. 32 Regulations about financial limits in certain proceedings.
  37. 33 Recipients of disabled person’s tax credit.
  38. 34 References by Scottish Criminal Cases Review Commission.
  39. 35 Replacement of ACLEC by Consultative Panel.
  40. 36 Barristers and solicitors.
  41. 37 Rights of audience: employed advocates.
  42. 38 Employees of Legal Services Commission.
  43. 39 Rights of audience: change of authorised body.
  44. 40 Rights to conduct litigation: barristers and legal executives.
  45. 41 Authorised bodies: designation and regulations and rules.
  46. 42 Overriding duties of advocates and litigators.
  47. 43 Minor and consequential amendments.
  48. 44 Barristers employed by solicitors etc.
  49. 45 Fees on application for appointment as Queen’s Counsel.
  50. 46 Bar practising certificates.
  51. 47 Fees for solicitors’ practising certificates.
  52. 48 Law Society’s powers in relation to conduct of solicitors etc.
  53. 49 Powers of Ombudsman.
  54. 50 Funding of Ombudsman by professional bodies.
  55. 51 Commissioner.
  56. 52 Commissioner’s functions.
  57. 53 Abolition of scriveners’ monopoly.
  58. 54 Permission to appeal.
  59. 55 Second appeals.
  60. 56 Power to prescribe alternative destination of appeals.
  61. 57 Assignment of appeals to Court of Appeal.
  62. 58 Criminal appeals: minor amendments.
  63. 59 Composition.
  64. 60 Calling into question of incidental decisions.
  65. 61 Cases stated by Crown Court.
  66. 62 Power to vary committal in default.
  67. 63 Criminal causes and matters.
  68. 64 Contempt of court.
  69. 65 Habeas corpus.
  70. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 67 Time limits where accused sent for trial.
  72. 68 Judges holding office in European or international courts.
  73. 69 Vice-president of Queen’s Bench Division.
  74. 70 Registrar of civil appeals.
  75. 71 Adjournment of inquest in event of judicial inquiry.
  76. 72 Reporting of proceedings relating to children.
  77. 73 Power to allow children to attend criminal proceedings.
  78. 74 Commission areas.
  79. 75 Petty sessions areas.
  80. 76 Areas: consequential provision.
  81. 77 Youth courts.
  82. 78 Unification and renaming of stipendiary bench.
  83. 79 Justices not to sit on committal for sentence.
  84. 80 Jurisdiction over offences outside area.
  85. 81 Areas outside Greater London.
  86. 82 Constitution of committees outside Greater London.
  87. 83 Greater London Magistrates’ Courts Authority.
  88. 84 Standard goods and services.
  89. 85 Power to direct implementation of inspectors’ recommendations.
  90. 86 Code of conduct.
  91. 87 Qualification for appointment as chief executive.
  92. 88 Role of chief executives.
  93. 89 Independence of clerks and staff exercising legal functions.
  94. 90 Transfer of clerks’ functions to chief executives.
  95. 91 Accounting etc. functions of chief executives.
  96. 92 Civilian enforcement officers.
  97. 93 Approved enforcement agencies.
  98. 94 Disclosure of information for enforcing warrants.
  99. 95 Warrants of detention.
  100. 96 Execution by person not in possession of warrant.
  101. 97 Cessation of warrants.
  102. 98 Justices and clerks: immunity from costs.
  103. 99 Justices and clerks: indemnity.
  104. 100 Assistant justices’ clerks: immunity from action.
  105. 101 General Commissioners: immunity from action.
  106. 102 General Commissioners: immunity from costs and expenses.
  107. 103 General Commissioners and clerks: indemnity.
  108. 104 Indemnity.
  109. 105 Transitional provisions and savings.
  110. 106 Repeals and revocations.
  111. 107 Crown application.
  112. 108 Commencement.
  113. 109 Extent.
  114. 110 Short title.
  115. SCHEDULE 4
  116. SCHEDULE 5
  117. SCHEDULE 6 Rights of audience and rights to conduct litigation
  118. SCHEDULE 7 Powers of Law Society
  119. SCHEDULE 9
  120. SCHEDULE 10 Commission areas and petty sessions areas
  121. SCHEDULE 11 Unification and renaming of stipendiary bench
  122. SCHEDULE 12
  123. SCHEDULE 13 Functions transferred to justices’ chief executives
  124. SCHEDULE 14 Transitional provisions and savings
  125. SCHEDULE 15 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

125 provisions

77 Youth courts.

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78 Unification and renaming of stipendiary bench.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Schedule 11 (which makes amendments consequential on this section) has effect.

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79 Justices not to sit on committal for sentence.

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80 Jurisdiction over offences outside area.

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81 Areas outside Greater London.

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82 Constitution of committees outside Greater London.

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83 Greater London Magistrates’ Courts Authority.

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84 Standard goods and services.

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85 Power to direct implementation of inspectors’ recommendations.

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86 Code of conduct.

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87 Qualification for appointment as chief executive.

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88 Role of chief executives.

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89 Independence of clerks and staff exercising legal functions.

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90 Transfer of clerks’ functions to chief executives.

(1) Schedule 13 (which makes amendments transferring administrative functions of justices’ clerks to justices’ chief executives) has effect. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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91 Accounting etc. functions of chief executives.

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92 Civilian enforcement officers.

In the Magistrates’ Courts Act 1980, after section 125 insert— Civilian enforcement officers. 125A (1) A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer. (2) In this section “civilian enforcement officer”, in relation to a warrant, means a person who— (a) is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and (b) is authorised in the prescribed manner to execute warrants. (3) The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or distress issued by a justice of the peace— (a) under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor and the Secretary of State, acting jointly; or (b) for the enforcement of a court order of any description so specified. (4) Where a warrant has been executed by a civilian enforcement officer, a written statement indicating— (a) the name of the officer; (b) the authority by which he is employed; and (c) that he is authorised in the prescribed manner to execute warrants, shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. (5) The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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93 Approved enforcement agencies.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In the Magistrates’ Courts Act 1980, after section 125A (inserted by section 92 above) insert— Execution by approved enforcement agency. 125B (1) A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales— (a) by an individual who is an approved enforcement agency; (b) by a director of a company which is an approved enforcement agency; (c) by a partner in a partnership which is an approved enforcement agency; or (d) by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants. (2) In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved under section 31A of the Justices of the Peace Act 1997 by the magistrates’ courts committee for the petty sessions area of the justice (or any of the justices) who issued the warrant. (3) Failure by a magistrates’ courts committee to comply with any provision of, or made under, section 31A(2) to (5) of the Justices of the Peace Act 1997 does not of itself render unlawful the execution of a warrant. (4) Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. (5) The matters referred to in subsection (4) above are— (a) the name of the person by whom the warrant was executed; (b) if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency; (c) if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and (d) the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained under section 31A(4) of the Justices of the Peace Act 1997 by the magistrates’ courts committee concerned.

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94 Disclosure of information for enforcing warrants.

In the Magistrates’ Courts Act 1980, after section 125B (inserted by section 93(2) above) insert— Disclosure of information for enforcing warrants. 125C (1) Basic personal information held by a relevant public authority may, on the application of a justices’ chief executive, be supplied by the authority to him (or to a justices’ clerk appointed by, or member of the staff of, his magistrates’ courts committee who is specified in the application) for the purpose of facilitating the enforcement of a section 125A(1) warrant which is so specified. (2) In this section— “basic personal information” means a person’s name, date of birth or national insurance number or the address (or any of the addresses) of a person; “relevant public authority” means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and “a section 125A(1) warrant” means a warrant to which section 125A(1) above applies and which has been issued by a justice of the peace to whom the justices’ chief executive making the application is chief executive. (3) Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to— (a) any person entitled to execute the warrant; (b) any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or (c) any person who is the justices’ chief executive, a justices’ clerk or a member of the staff of the magistrates’ courts committee whose justices’ chief executive made the application for the information. (4) A person who intentionally or recklessly— (a) discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or (b) uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned, commits an offence. (5) But it is not an offence under subsection (4) above— (a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or (b) to disclose any information which has previously been lawfully disclosed to the public. (6) A person guilty of an offence under subsection (4) above is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction on indictment, to a fine. (7) The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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95 Warrants of detention.

(1) In section 125(2) of the Magistrates’ Courts Act 1980 (execution by person to whom warrant is directed or constable), after “warrant of commitment,” insert “ warrant of detention, ”. (2) In section 136(2) of that Act (warrants of detention), for the words from “, unless” to “functions” substitute — (a) shall authorise the person executing it .

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96 Execution by person not in possession of warrant.

In the Magistrates’ Courts Act 1980, after section 125C (inserted by section 94 above) insert— Execution by person not in possession of warrant. 125D (1) A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time. (2) A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time. (3) Subsection (2) above applies to— (a) a warrant to arrest a person in connection with an offence; (b) a warrant under section 186(3) of the Army Act 1955, section 186(3) of the Air Force Act 1955, section 105(3) of the Naval Discipline Act 1957 or Schedule 2 to the Reserve Forces Act 1996 (desertion etc.); (c) a warrant under section 102 or 104 of the General Rate Act 1967 (insufficiency of distress); (d) a warrant under section 47(8) of the Family Law Act 1996 (failure to comply with occupation order or non-molestation order); (e) a warrant under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998 (unwilling witnesses); (f) a warrant under paragraph 3(2) of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (offenders referred to court by youth offender panel); and (g) a warrant under section 55, 76, 93, 97 or 97A above. (4) Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.

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97 Cessation of warrants.

(1) In the Maintenance Orders Act 1958, in— (a) section 2(4) (registration of orders), and (b) section 5(4) (cancellation of registration), omit paragraph (b) (cessation of warrant of commitment on giving notice), apart from the word “and” at the end. (2) In section 83 of the Magistrates’ Courts Act 1980 (process for securing attendance of offender for purposes of section 82), omit subsection (4) (warrant to cease to have effect when sum in respect of which it is issued is paid to police officer holding the warrant). (3) In section 86(4) of that Act (which applies subsections (3) and (4) of section 83 to warrants issued under section 86), for “subsections (3) and (4)” substitute “ subsection (3) ”. (4) In section 125(1) of that Act (warrants of arrest), insert at the end “ or it ceases to have effect in accordance with the rules ”.

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98 Justices and clerks: immunity from costs.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In the Magistrates’ Courts (Northern Ireland) Order 1981, after Article 6 insert— Costs in legal proceedings 6A (1) A court may not order any resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty— (a) as such a magistrate or justice; or (b) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates’ court. (2) Paragraph (1) does not apply in relation to— (a) any proceedings in which a resident magistrate, justice of the peace or clerk of petty sessions is being tried for an offence or is appealing against a conviction; or (b) any proceedings in which it is proved that a resident magistrate, justice of the peace or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings. (3) Where a court is prevented by paragraph (1) from ordering a resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings. (4) The Lord Chancellor may by regulations specify— (a) circumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); and (b) how the amount of any payment ordered under that paragraph is to be determined. (5) Regulations under paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly. (3) In— (a) Article 145A of the Magistrates’ Courts (Northern Ireland) Order 1981 (county court judge hearing certain appeals to be treated like resident magistrate in relation to immunity), . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . after “6” insert “ , 6A ”.

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99 Justices and clerks: indemnity.

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100 Assistant justices’ clerks: immunity from action.

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101 General Commissioners: immunity from action.

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102 General Commissioners: immunity from costs and expenses.

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103 General Commissioners and clerks: indemnity.

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104 Indemnity.

(1) In the Coroners Act 1988, after section 27 insert— Indemnity. 27A (1) A coroner shall be indemnified by the relevant council (without having to lay before them an account under section 27 above) in respect of— (a) any costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a coroner; (b) any costs which he reasonably incurs in taking steps to dispute any claim which might be made in such proceedings; (c) any damages awarded against him or costs ordered to be paid by him in any such proceedings; and (d) any sums payable by him in connection with a reasonable settlement of any such proceedings or claim. (2) Subsection (1) above applies in relation to proceedings by a coroner only if and to the extent that the relevant council agrees in advance to indemnify him. (3) A coroner may appeal to the Secretary of State, or to any person appointed by the Secretary of State for the purpose, from any decision of the relevant council under subsection (2) above. (4) Any amount due to a coroner under this section shall be paid— (a) in the case of a metropolitan or non-metropolitan district council or London borough council, out of the general fund; (b) in the case of a non-metropolitan county council in England, out of the county fund; (c) in the case of the council of a Welsh principal area, out of the council fund; and (d) in the case of the Common Council, out of the City fund. (5) In the case of a coroner for a coroner’s district which— (a) consists of two or more metropolitan districts, special non-metropolitan districts or London boroughs; (b) lies partly in each of two or more Welsh principal areas; or (c) lies partly in each of two or more non-metropolitan counties in England, any amount due to the coroner under this section shall be apportioned between the councils of those districts, boroughs, areas or counties in such manner as they may agree or, in default of agreement, as may be determined by the Secretary of State. (2) In the Coroners Act (Northern Ireland) 1959, after section 5 insert— Indemnity. 5A (1) A coroner shall be indemnified by the Lord Chancellor in respect of— (a) any costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a coroner; (b) any costs which he reasonably incurs in taking steps to dispute any claim which might be made in such proceedings; (c) any damages awarded against him or costs ordered to be paid by him in any such proceedings; and (d) any sums payable by him in connection with a reasonable settlement of any such proceedings or claim. (2) Sub-section (1) applies in relation to proceedings by a coroner only if and to the extent that the Lord Chancellor agrees in advance to indemnify him.

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105 Transitional provisions and savings.

Schedule 14 (transitional provisions and savings) has effect.

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106 Repeals and revocations.

Schedule 15 (repeals and revocations) has effect.

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108 Commencement.

(1) Subject to subsections (2) and (3), the preceding provisions of this Act shall come into force on such day as the Lord Chancellor or Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes and, in the case of section 67(2), for different areas. (2) Section 45 shall come into force on the day on which this Act is passed. (3) The following provisions shall come into force at the end of the period of two months beginning with the day on which this Act is passed— (a) in Part II, sections 32 to 34, (b) Part IV, apart from section 66 and Schedule 9 and sections 67(2) and 71, (c) in Part V, sections 74 to 76, 81, 82, 84, 86 and 87 and Schedule 10, (d) in Part VI, section 104, (e) Schedule 14, (f) in Schedule 15, Part III and Part V(1) and (5), apart from the provisions specified in subsection (4), and (g) section 107. (4) The provisions excepted from subsection (3)(f) are the repeal of section 67(8) of the Magistrates’ Courts Act 1980 (and that in Schedule 11 to the Children Act 1989) contained in Part V(1) of Schedule 15.

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109 Extent.

(1) Sections 32 to 34 and 73(2) extend to Scotland. (2) Sections 98(2) and (3) and 104(2) extend to Northern Ireland. (3) Sections 68, 101, 102 and 103 extend to England and Wales, Scotland and Northern Ireland. (4) The other provisions of this Act which make amendments or repeals or revocations in other enactments also have the same extent as the enactments which they amend or repeal or revoke. (5) Subject to subsection (4), the provisions of this Part (including paragraph 1, but not the rest, of Schedule 14) extend to England and Wales, Scotland and Northern Ireland. (6) Subject to the preceding provisions, this Act extends to England and Wales. (7) For the purposes of the Scotland Act 1998 this Act, so far as it extends to Scotland, shall be taken to be a pre-commencement enactment within the meaning of that Act.

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110 Short title.

This Act may be cited as the Access to Justice Act 1999.

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SCHEDULE 4

Section 24. Amendments consequential on Part I The Public Records Act 1958 (c.51) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Parliamentary Commissioner Act 1967 (c.13) 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)— Legal Services Commission The Criminal Appeal Act 1968 (c.19) 3 In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), at the end insert— (3) An order under section 17 of the Access to Justice Act 1999 is not a sentence for the purposes of this Act. The Children and Young Persons Act 1969 (c.54) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Attachment of Earnings Act 1971 (c.32) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Powers of Criminal Courts Act 1973 (c.62) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Solicitors Act 1974 (c.47) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The House of Commons Disqualification Act 1975 (c.24) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Northern Ireland Assembly Disqualification Act 1975 (c.25) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Sex Discrimination Act 1975 (c.65) 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Race Relations Act 1976 (c.74) 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Magistrates’ Courts Act 1980 (c.43) 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Senior Courts Act 1981 21 The Senior Courts Act 1981 has effect subject to the following amendments. 22 In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert— (4) In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to an order under section 17 of the Access to Justice Act 1999. 23 In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert— (6) In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Criminal Justice Act 1982 (c.48) 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Telecommunications Act 1984 (c.12) 26 In section 52(5) of the Telecommunications Act 1984 (charges to recover costs of assistance in legal proceedings subject to legal aid charges), for paragraph (a) substitute— (a) any charge imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission; . The Prosecution of Offences Act 1985 (c.23) 27 The Prosecution of Offences Act 1985 has effect subject to the following amendments. 28 In section 19(2)(b) (in making an order for costs account to be taken of grant of representation under Legal Aid Act 1988), for the words from “or any grant” to the end substitute “ or any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service; ”. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 (1) Section 21 (interpretation) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In subsection (4A)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in paragraph (b), for the words from “and 19” to the end substitute “ , 19 and 19A of this Act, his costs shall be taken to include the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service; ”. The Child Abduction and Custody Act 1985 (c.60) 31 In section 11 of the Child Abduction and Custody Act 1985 (costs of application for child custody or access), for the words from “by virtue of” to “1988,” substitute by virtue of— (a) the provision of any service funded by the Legal Services Commission as part of the Community Legal Service, or (b) the grant of legal aid or legal advice and assistance under. The Administration of Justice Act 1985 (c.61) 32 The Administration of Justice Act 1985 has effect subject to the following amendments. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 In section 41(2) (reduction of fees payable in connection with services provided by barristers under Legal Aid Act 1988), for paragraphs (a) and (b) substitute “ otherwise payable by the Legal Services Commission in connection with services provided by him as part of the Community Legal Service or Criminal Defence Service ”. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 In section 43(3) (reduction of costs payable in connection with services provided by solicitors under Legal Aid Act 1988), for the words from “any costs” to “solicitor” substitute “ any costs otherwise payable by the Legal Services Commission in connection with services provided by the solicitor as part of the Community Legal Service or Criminal Defence Service ”. The Housing Act 1985 (c.68) 37 In section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ” The Criminal Justice Act 1987 (c.38) 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Consumer Arbitration Agreements Act 1988 (c.21) 41 In section 4(3) of the Consumer Arbitration Agreements Act 1988 (availability of legal aid to be considered in determining whether to make reference to arbitration), for “legal aid” substitute “ services funded by the Legal Services Commission as part of the Community Legal Service ”. The Housing Act 1988 (c.50) 42 The Housing Act 1988 has effect subject to the following amendments. 43 In section 82(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ” 44 In section 107(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ” The Children Act 1989 (c.41) 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Courts and Legal Services Act 1990 (c.41) 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Criminal Justice Act 1991 (c.53) 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Social Security Administration Act 1992 (c.5) 48 (1) Section 108(7) of the Social Security Administration Act 1992 (Secretary of State to inform Legal Aid Board if he recovers maintenance arrears for a person who owes money to the Board) is amended as follows. (2) For “the Legal Aid Board” substitute “ the Legal Services Commission ”. (3) In paragraph (a), for “; and” substitute ; or (iii) received services funded by the Legal Services Commission as part of the Community Legal Service; and . (4) In paragraph (b), after paragraph (ii) insert or (iii) by virtue of section 10 of the Access to Justice Act 1999 in respect of services funded by the Legal Services Commission as part of the Community Legal Service, . The Criminal Procedure and Investigations Act 1996 (c.25) 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Family Law Act 1996 (c.27) 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Crime and Disorder Act 1998 (c.37) 53 The Crime and Disorder Act 1998 has effect subject to the following amendments. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Disability Rights Commission Act 1999 (c. 17) 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

SCHEDULE 5

1 For sections 29 and 30 of the Courts and Legal Services Act 1990 substitute— Authorised bodies. 29 The provisions of Schedule 4 shall have effect with respect to the authorisation of bodies for the purposes of sections 27 and 28 and the approval and alteration of qualification regulations and rules of conduct. 2 For Schedule 4 to that Act substitute— SCHEDULE 4 Authorised bodies Section 29. Part I Designation of bodies and approval of regulations and rules Application to Lord Chancellor 1 (1) If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Lord Chancellor in writing for him— (a) to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and (b) to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights. (2) An application under this paragraph shall be accompanied by— (a) a statement of the proposed rights; (b) the proposed qualification regulations and rules of conduct; and (c) such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule. (3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require. (4) The Lord Chancellor shall send a copy of— (a) the application and accompanying material; and (b) any information provided under sub-paragraph (3), to the Consultative Panel, the Director and each of the designated judges. Advice of Consultative Panel 2 (1) The Consultative Panel shall consider whether the application should be granted. (2) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require. (3) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit. (4) The Consultative Panel shall publish any advice given by it under this paragraph. Advice of Director General of Fair Trading 3 (1) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition. (2) The applicant shall provide the Director with such additional information as he may reasonably require. (3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (4) The Director shall publish any advice given by him under this paragraph. (5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s 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. Representations by applicant 4 (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the applicant. (2) The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor. Advice of designated judges 5 (1) The Lord Chancellor shall send to each of the designated judges a copy of— (a) the advice of the Consultative Panel and the Director; and (b) any representations made under paragraph 4(2). (2) Each of the designated judges shall then consider whether the application should be granted. (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. Decision by Lord Chancellor 6 (1) After considering— (a) the advice given by the Consultative Panel and any representations made about it; (b) the advice given by the Director and any representations made about it; and (c) the advice given by each of the designated judges, the Lord Chancellor shall decide whether to grant the application. (2) When the Lord Chancellor has made his decision he shall notify the applicant of it. (3) If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision. Effect of grant of application 7 Where the application is granted— (a) the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and (b) the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights. Part II Approval in cases of altered regulations, rules or rights Requirement of approval 8 (1) If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the Lord Chancellor. (2) If an authorised body makes an alteration of— (a) any rights of audience granted by it (including the grant of a new right of audience); or (b) any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation), the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the Lord Chancellor. (3) If a question arises whether approval is required by virtue of this paragraph it shall be for the Lord Chancellor to decide. Application to Lord Chancellor 9 (1) An application by a body for the Lord Chancellor to approve— (a) an alteration of qualification regulations or rules of conduct; or (b) qualification regulations or rules of conduct in relation to altered rights, shall be made in writing. (2) The application shall be accompanied by— (a) the qualification regulations and rules of conduct; (b) a statement of the alteration of the regulations, rules or rights; and (c) such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule. (3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require. (4) The Lord Chancellor shall— (a) send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and (b) consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the Director. Early advice of designated judges 10 (1) If the Lord Chancellor considers that it would not be appropriate to seek the advice of the Consultative Panel or the Director, he— (a) shall inform each of the designated judges that that is his view; and (b) may inform each of them of his provisional view as to whether or not the application should be granted. (2) If so informed, each of the designated judges shall consider whether the application should be granted. (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (5) After considering the advice given by each of the designated judges, the Lord Chancellor shall consider again whether or not it would be appropriate to seek the advice of either or both of— (a) the Consultative Panel; and (b) the Director, before deciding whether to grant the application. Advice of Consultative Panel 11 (1) If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of— (a) the application and accompanying material; and (b) any information provided under paragraph 9(3). (2) The Consultative Panel shall consider whether the application should be granted. (3) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require. (4) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit. (5) The Consultative Panel shall publish any advice given by it under this paragraph. Advice of Director General of Fair Trading 12 (1) If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Director, he shall send to the Director a copy of— (a) the application and accompanying material; and (b) any information provided under paragraph 9(3). (2) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition. (3) The applicant shall provide the Director with such additional information as he may reasonably require. (4) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (5) The Director shall publish any advice given by him under this paragraph. (6) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person. (7) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45. Representations by applicant 13 (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send a copy to the applicant. (2) The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor. Advice or further advice of designated judges 14 (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send to each of the designated judges a copy of— (a) the advice; and (b) any representations made under paragraph 13(2). (2) Each of the designated judges shall then consider (or consider again) whether the application should be granted. (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. Decision by Lord Chancellor 15 (1) After considering— (a) any advice given by the Consultative Panel and any representations made about it; (b) any advice given by the Director and any representations made about it; and (c) the advice given by each of the designated judges (under paragraph 10 or 14 or both of those paragraphs), the Lord Chancellor shall decide whether to grant the application. (2) The Lord Chancellor may not refuse the application unless he has received advice from the Consultative Panel. (3) When the Lord Chancellor has made his decision he shall notify the applicant of it. (4) If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision. Effect of grant of application 16 Where the application is granted— (a) in a case within sub-paragraph (1) of paragraph 8, the alteration of the qualification regulations or rules of conduct is approved; and (b) in a case within sub-paragraph (2) of that paragraph, the qualification regulations or rules of conduct are approved in relation to the rights as altered. Part III Alteration of regulations and rules by order Notice to authorised body 17 (1) If the Lord Chancellor 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 Lord Chancellor 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 Lord Chancellor. (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 Lord Chancellor may agree. (3) When that period has expired the Lord Chancellor 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 Lord Chancellor 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 Director 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 Lord Chancellor 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 Lord Chancellor as it thinks fit. (4) The Consultative Panel shall publish any advice given by it under this paragraph. Advice of Director General of Fair Trading 20 (1) The Director shall consider whether making the alterations would have, or be likely to have, any significant effect on competition. (2) The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require. (3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (4) The Director shall publish any advice given by him under this paragraph. (5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s 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 Lord Chancellor has received the advice of the Consultative Panel and the Director, 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 Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor. Advice of designated judges 22 (1) The Lord Chancellor shall send to each of the designated judges a copy of— (a) the advice of the Consultative Panel and the Director; 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 Lord Chancellor 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 Lord Chancellor as he thinks fit. Decision by Lord Chancellor 23 (1) After considering— (a) the advice given by the Consultative Panel and any representations made about it; (b) the advice given by the Director and any representations made about it; and (c) the advice given by each of the designated judges under paragraph 22, the Lord Chancellor shall decide whether to make the alterations. (2) When the Lord Chancellor has made his decision he shall notify the authorised body of it. (3) If the Lord Chancellor 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 Lord Chancellor 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 Lord Chancellor 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 Lord Chancellor asking for it to be made; (b) the authorised body has agreed in writing to its being made; or (c) the Lord Chancellor 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 Lord Chancellor 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 Director. 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 Lord Chancellor 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 Lord Chancellor 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 Lord Chancellor 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 Director General of Fair Trading 28 (1) The Director shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition. (2) The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require. (3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (4) The Director shall publish any advice given by him under this paragraph. (5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s 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 Lord Chancellor has received the advice of the Consultative Panel and the Director, 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 Lord Chancellor. (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 Lord Chancellor may agree. Notice to members of authorised body 30 (1) Where the Lord Chancellor— (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 Lord Chancellor. (3) Any such representations— (a) shall, except in such circumstances as the Lord Chancellor 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 Lord Chancellor. Advice of designated judges 31 (1) The Lord Chancellor 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 Director, a copy of the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29. (2) Each of the designated judges shall then consider whether the Lord Chancellor should make the recommendation. (3) The Lord Chancellor 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 Lord Chancellor as he thinks fit. Consideration by Lord Chancellor 32 Before deciding whether to make the recommendation the Lord Chancellor 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 Director, the advice given to him by the Consultative Panel and the Director and 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 Lord Chancellor 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.

Propose a change

SCHEDULE 6 Rights of audience and rights to conduct litigation

Section 43. The Solicitors Act 1974 (c.47) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Courts and Legal Services Act 1990 (c.41) 4 The Courts and Legal Services Act 1990 has effect subject to the following amendments. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In section 71 (qualification for judicial appointments), for subsection (6) substitute— (6) Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the authorised body concerned from exercising it shall not count towards the period mentioned in subsection (5)(b). 10 (1) Section 119(1) (interpretation) is amended as follows. (2) In the definition of “right of audience”, for “exercise any of the functions of appearing before and addressing a court including the calling and examining of” substitute “ appear before and address a court including the right to call and examine ”. (3) In the definition of “right to conduct litigation”, for “exercise all or any of the functions of issuing a writ or otherwise commencing” substitute “ issue ”. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

SCHEDULE 7 Powers of Law Society

Section 48. Monitoring of compliance with rules 1 In section 31(1) of the Solicitors Act 1974 (power of Council of the Law Society to make rules about professional practice, conduct and discipline), insert at the end “ and for empowering the Society to take such action as may be appropriate to enable the Society to ascertain whether or not the provisions of rules made, or of any code or guidance issued, by the Council are being complied with. ” Bank and building society accounts 2 In— (a) section 32(4) of that Act (power of Council of the Law Society to disclose report or information about solicitor’s accounts to Director of Public Prosecutions for investigation and prosecution of offences), and (b) paragraph 3 of Schedule 2 to the Administration of Justice Act 1985 (corresponding provision in relation to accounts of incorporated practices), omit “to the Director of Public Prosecutions” and “, if the Director thinks fit,”. 3 In the Solicitors Act 1974, after section 33 insert— Inspection of practice bank accounts etc. 33A (1) The Council may make rules, with the concurrence of the Master of the Rolls, empowering the Council to require a solicitor to produce documents relating to any account kept by him at a bank or with a building society— (a) in connection with his practice; or (b) in connection with any trust of which he is or formerly was a trustee, for inspection by a person appointed by the Council pursuant to the rules. (2) The Council shall be at liberty to disclose information obtained in exercise of the powers conferred by rules made under subsection (1) for use in investigating the possible commission of an offence by the solicitor and for use in connection with any prosecution of the solicitor consequent on the investigation. 4 In section 87(1) of that Act (interpretation), in the definition of “building society”, omit “; and a reference to an account with a building society is a reference to a deposit account”. 5 In Schedule 2 to the Administration of Justice Act 1985, after paragraph 4 insert— Inspection of bank accounts 4A. Where rules made under section 33A(1) of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, the Council shall be at liberty to disclose information about a recognised body’s accounts obtained in pursuance of the rules for use in investigating the possible commission of an offence by that body and for use in connection with any prosecution of that body consequent on the investigation. Intervention for breach of rules on practice, conduct and discipline 6 In Schedule 1 to the Solicitors Act 1974 (intervention in solicitor’s practice), in paragraph 1(1) (circumstances in which Law Society may intervene), in paragraph (c) (failure to comply with rules made by virtue of section 32 or 37(2)(c)), after “section” insert “ 31, ”. Solicitors’ employees and consultants 7 (1) Section 43 of that Act (control of employment of clerks) is amended as follows. (2) In subsection (1) (power of Law Society to apply to Solicitors Disciplinary Tribunal for order in the case of clerk guilty of an offence of dishonesty or other act which makes it undesirable for him to be employed by solicitor)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) after “employed” (in both places) insert “ or remunerated ”, (c) for “to whom he is or was clerk” substitute “ by whom he is or was employed or remunerated ”, and (d) for the words from “an application” to the end substitute “ the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) with respect to him. ” (3) After that subsection insert— (1A) Where the Society investigates whether there are grounds for making, or making an application to the Tribunal for it to make, an order under subsection (2) with respect to a person, the Council may direct him to pay to the Council an amount which— (a) is calculated by the Council as the cost to the Society of investigating the matter; or (b) in the opinion of the Council represents a reasonable contribution towards that cost. (4) In subsection (2) (order of Tribunal barring solicitor from employing the clerk)— (a) for the words from the beginning to “an order” substitute “ An order under this subsection made by the Society or the Tribunal shall state ”, and (b) for “application is” substitute “ order is ”. (5) For subsection (3) (revocation by Tribunal) substitute— (3) Where an order has been made under subsection (2) with respect to a person by the Society or the Tribunal— (a) that person or the Society may make an application to the Tribunal for it to be reviewed, and (b) whichever of the Society and the Tribunal made it may at any time revoke it. (3A) On the review of an order under subsection (3) the Tribunal may order— (a) the quashing of the order; (b) the variation of the order; or (c) the confirmation of the order; and where in the opinion of the Tribunal no prima facie case for quashing or varying the order is shown, the Tribunal may order its confirmation without hearing the applicant. (6) In subsection (5) (inspection of orders), for “this section and filed with the Society” substitute “ subsection (2) by the Society, or made, varied or confirmed under this section by the Tribunal and filed with the Society, ”. (7) In the sidenote, for “employment of certain clerks” substitute “ solicitors’ employees and consultants ”. 8 In section 44(2) of that Act (breach of order by solicitor), for the words from “an order” to the end of paragraph (b) substitute “ an order under section 43(2) is in force in respect of a person ”. 9 (1) Section 49 of that Act (appeals from Tribunal) is amended as follows. (2) In subsection (3) (who can appeal)— (a) for “43(2)” substitute “ 43(3A) ”, and (b) for “application” substitute “ order ”. (3) In subsection (6) (finality of appeal), for “43(2)” substitute “ 43(3A) ”. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to examine files 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of costs by solicitor under investigation 13 In the Solicitors Act 1974, after section 44B insert— Costs of investigations Payment of costs of investigations. 44C Where the Society investigates possible professional misconduct by a solicitor, or a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council, the Council may direct him to pay to the Council an amount which— (a) is calculated by the Council as the cost to the Society of investigating and dealing with the matter; or (b) in the opinion of the Council represents a reasonable contribution towards that cost. 14 In Schedule 2 to the Administration of Justice Act 1985, after paragraph 14 insert— Payment of costs of investigations 14A Where the Society investigates a failure or apprehended failure by a recognised body to comply with any requirement imposed by or by virtue of this Act or any rules applicable to it by virtue of section 9 of this Act, the Council may direct the body to pay to the Council an amount which— (a) is calculated by the Council as the cost to the Society of the investigation; or (b) in the opinion of the Council represents a reasonable contribution towards that cost. Registered foreign lawyers 15 Subsections (5) to (7) of section 89 of the Courts and Legal Services Act 1990 power to apply existing provisions to registered foreign lawyers with or without modifications and power to modify existing provisions in their application to recognised bodies whose officers include registered foreign lawyers) apply in relation to the provisions contained in this Schedule as if they were contained in an Act passed before the commencement of that section.

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SCHEDULE 9

1 Schedule 2 to the Criminal Justice Act 1991 (enforcement of community orders) has effect subject to the amendments in paragraphs 2 to 8. 2 In paragraph 2(2) (issue by justice of the peace of summons or warrant to direct offender to appear or be brought, in the case of a drug treatment or testing order, before the court responsible for the order and, in the case of any other relevant order, before a magistrates’ court for the petty sessions area concerned), for paragraphs (a) and (b) substitute— (a) in the case of a drug treatment and testing order, before the court responsible for the order; (b) in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and (c) in the case of any other relevant order, before a magistrates’ court acting for the petty sessions area concerned. 3 In paragraph 3(1) (powers of magistrates’ court), for “the magistrates’ court” substitute “ a magistrates’ court ”. 4 In paragraph 6(5) (community service orders)— (a) in paragraph (a), for “7(2)(a)(ii)” substitute “ 7(2)(b) ”, and (b) in paragraph (b), for “reference in paragraph 7(1)(b)” substitute “ references in paragraphs 7(1)(b) and 8(1)(a) ” and for “a reference” substitute “ references ”. 5 (1) Paragraph 7 (revocation of order by magistrates’ court) is amended as follows. (2) In sub-paragraph (1)— (a) after “a relevant order” insert “ made by a magistrates’ court ”, and (b) for “for which a magistrates’ court is responsible, to that court” substitute “ , to the magistrates’ court responsible for the order ”. (3) For sub-paragraph (2) substitute— (2) The court may— (a) revoke the order; or (b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence. (4) In sub-paragraph (3), for “(2)(a)(i)” substitute “ (2)(a) ”. (5) In sub-paragraphs (4) and (5), for “(2)(a)(ii)” substitute “ (2)(b) ”. (6) Omit sub-paragraph (6). 6 For paragraph 8(1) and (1A) (circumstances in which Crown Court may revoke an order) substitute— 8 (1) This paragraph applies where— (a) a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or (b) an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates’ court to the Crown Court for sentence, is brought or appears before the Crown Court. 7 (1) Paragraph 8A (replacement of probation order with conditional discharge) is amended as follows. (2) In sub-paragraph (1), for “it appears to a magistrates’ court acting for the petty sessions area concerned” substitute “ to a magistrates’ court acting for the petty sessions area concerned (where the order was made by a magistrates’ court) or the Crown Court (where the order was made by the Crown Court) it appears to the court ”. (3) In sub-paragraph (2), after “paragraph 7” insert “ or 8 ”. (4) In sub-paragraph (3)— (a) omit “and the probation order was made by a magistrates’ court”, and (b) for “the magistrates’ court” substitute “ the court ”. (5) Omit sub-paragraphs (4) and (5). (6) In sub-paragraph (6)— (a) for “sub-paragraphs (3) and (5)” substitute “ sub-paragraph (3) ”, and (b) in the words treated as substituted in section 1A(1) of the Powers of Criminal Courts Act 1973, omit “or (5)”. 8 In paragraph 11A (application of paragraph 6A for purposes of paragraphs 6 and 7), for “7(2)(a)(ii)” substitute “ 7(2)(b) ”. 9 (1) In each of the provisions specified in sub-paragraph (2) (which refer to paragraph 7 of Schedule 2 to the Criminal Justice Act 1991), for “7(2)(a)(ii)” substitute “ 7(2)(b) ”. (2) The provisions referred to in sub-paragraph (1) are— (a) section 16B(2) of the Children and Young Persons Act 1969, (b) section 35(5) and (8) of the Crime (Sentences) Act 1997, and (c) paragraph 5(4) of Schedule 5 to the Crime and Disorder Act 1998.

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SCHEDULE 10 Commission areas and petty sessions areas

Section 76. The Parochial Libraries Act 1708 (c.14) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Distress for Rent Act 1737 (c.19) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Inclosure Act 1773 (c.81) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Burial Ground Act 1816 (c.141) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Inclosure and Drainage (Rates) Act 1833 (c.35) 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Ordnance Survey Act 1841 (c.30) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Geological Survey Act 1845 (c.63) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Inclosure Act 1845 (c.118) 8 In section 159 of the Inclosure Act 1845 (recovery of penalties), after “county” insert “ or other jurisdiction ”. The Hares Act 1848 (c.29) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Fairs Act 1873 (c.37) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Commons Act 1876 (c.56) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Municipal Corporations Act 1882 (c.50) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Local Government Act 1888 (c.41) 13 In section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for “county sitting in petty sessions” substitute “ peace for a commission area consisting of or including the whole or part of the county ”. The Children and Young Persons Act 1933 (c.12) 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Criminal Justice Act 1948 (c.58) 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Prevention of Damage by Pests Act 1949 (c.55) 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The National Parks and Access to the Countryside Act 1949 (c.97) 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Prison Act 1952 (c.52) 21 In section 19(1) of the Prison Act 1952 (right of justice to visit prison)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for “county”, in the second and third places, substitute “ area ”. The Maintenance Orders Act 1958 (c.39) 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Licensing Act 1964 (c.26) 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Administration of Justice Act 1964 (c.42) 30 (1) Section 19 of the Administration of Justice Act 1964 (sheriff of Greater London and under-sheriffs for London commission areas) is amended as follows. (2) In subsection (1) (appointment of sheriff of Greater London and under-sheriff for each London commission area), for “and for each London commission area an under-sheriff shall be so appointed” substitute “ and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament ” (3) In subsection (2) (application of enactments to under-sheriffs as if London commission areas were counties), for “London commission area” substitute “ area specified by virtue of subsection (1) of this section ”. (4) In subsection (4) (modification of Sheriffs Act 1887 in its application to Greater London)— (a) for “London commission area” substitute “ area specified by virtue of subsection (1) of this section ”, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) for the words from “shall be sent” to the end substitute “ shall be sent to the officer specified by the Lord Chancellor by order made by statutory instrument. ” The Sunday Theatre Act 1972 (c.26) 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Solicitors Act 1974 (c.47) 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Magistrates’ Courts Act 1980 (c.43) 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Public Passenger Vehicles Act 1981 (c.14) 37 In section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”. The Road Traffic Regulation Act 1984 (c.27) 38 In section 142(1) of the Road Traffic Regulation Act 1984 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”. The Criminal Justice Act 1991 (c.53) 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Local Government Finance Act 1992 (c.14) 40 (1) Section 46 of the Local Government Finance Act 1992 (special expenses of precepting authority) is amended as follows. (2) In subsection (2)(d) (expenses of the Receiver relating to magistrates’ courts in the inner London area)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for “that area” substitute “ the inner London area ”. (3) In subsection (4) (interpretation), in the definition of “inner London area”, for “has the same meaning as in the Justices of the Peace Act 1997” substitute “ means the area consisting of the inner London boroughs ”. The Probation Service Act 1993 (c.47) 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Local Government (Wales) Act 1994 (c.19) 46 In section 55(3) of the Local Government (Wales) Act 1994 (alteration of areas in Wales in connection with alteration of local government area), for paragraphs (a) to (c) substitute “ the commission areas, petty sessions area or areas of magistrates’ courts committees in Wales. ” The Justices of the Peace Act 1997 (c.25) 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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