Courts and Legal Services Act 1990

Part I — Procedure etc. in Civil Courts

Allocation and transfer of business

Abolition of abatement of salary rule for judges etc.

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• (1) The Lord Chancellor may by order make provision—

• (a) conferring jurisdiction on the High Court in relation to proceedings in which the family court or the county court has jurisdiction;

• (b) conferring jurisdiction on the family court or the county court in relation to proceedings in which the High Court has jurisdiction;

• (c) allocating proceedings to the High Court or to the family court or to the county court ;

• (d) specifying proceedings which may be commenced only in the High Court;

• (da) specifying proceedings which may be commenced only in the family court,

• (e) specifying proceedings which may be commenced only in the county court;

• (f) specifying proceedings which may be taken only in the High Court;

• (fa) specifying proceedings which may be taken only in the family court;

• (g) specifying proceedings which may be taken only in the county court.

• (1A) An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.

• (2) Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.

• (3) The criteria so specified may, in particular, relate to—

• (a) the value of an action (as defined by the order);

• (b) the nature of the proceedings;

• (c) the parties to the proceedings;

• (ca) any relationship between the proceedings and any other proceedings;

• (d) the degree of complexity likely to be involved in any aspect of the proceedings; and

• (e) the importance of any question likely to be raised by, or in the course of, the proceedings.

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

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Any such order may—

• (a) amend or repeal any provision falling within subsection (8) and relating to—

• (i) the jurisdiction, practice or procedure of the Senior Courts ; or

• (ii) the jurisdiction, practice or procedure of the county court, or

• (iii) the jurisdiction, practice or procedure of the family court,

so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or

• (b) make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.

• (8) A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.

• (9) Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court and the Senior Presiding Judge (appointed under section 72).

• (10) No such order shall be made so as to confer jurisdiction on the family court or the county court to hear any application for judicial review.

• (11) For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) 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 this section.

Transfer of proceedings between courts

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• (1) The following section shall be substituted for section 40 of the County Courts Act 1984 (transfer of proceedings to county court)—

(40) (1) Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in a county court it shall— (a) order the transfer of the proceedings to a county court; or (b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out. (2) Subject to any such provision, the High Court may order the transfer of any proceedings before it to a county court. (3) An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings. (4) Proceedings transferred under this section shall be transferred to such county court as the High Court considers appropriate, having taken into account the convenience of the parties and that of any other persons likely to be affected and the state of business in the courts concerned. (5) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer. (6) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section— (a) the judgment or order may be enforced as if it were a judgment or order of a county court; and (b) subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes. (7) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section— (a) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and (b) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall not apply. (8) The provisions referred to in subsection (1) are any made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment. (9) This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

• (2) In section 41 of the County Courts Act 1984 (transfer to High Court by order of the High Court), the following subsection shall be added at the end—

(3) The power conferred by subsection (1) shall be exercised subject to any provision made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment.

• (3) The following section shall be substituted for section 42 of the County Courts Act 1984 (transfer to High Court by order of a county court)—

(42) (1) Where a county court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall— (a) order the transfer of the proceedings to the High Court; or (b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out. (2) Subject to any such provision, a county court may order the transfer of any proceedings before it to the High Court. (3) An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings. (4) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer. (5) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section— (a) the judgment or order may be enforced as if it were a judgment or order of the High Court; and (b) subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes. (6) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section— (a) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and (b) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply. (7) The provisions referred to in subsection (1) are any made— (a) under section 1 of the Courts and Legal Services Act 1990; or (b) by or under any other enactment. (8) This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

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

Remedies

Remedies available in county courts

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The following section shall be substituted for sections 38 and 39 of the County Courts Act 1984 (general ancillary jurisdiction and ancillary powers of judge)—

(38) (1) Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court. (2) Any order made by a county court may be— (a) absolute or conditional; (b) final or interlocutory. (3) A county court shall not have power— (a) to order mandamus, certiorari or prohibition; or (b) to make any order of a prescribed kind. (4) Regulations under subsection (3)— (a) may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations; (b) may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made; (c) may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and (d) may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations. (5) In this section “prescribed” means prescribed by regulations made by the Lord Chancellor under this section. (6) The power to make regulations under this section shall be exercised by statutory instrument. (7) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.

Costs

Costs

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• (1) The following section shall be substituted for section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal and High Court)—

(51) (1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in— (a) the civil division of the Court of Appeal; (b) the High Court; and (c) any county court, shall be in the discretion of the court. (2) Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives. (3) The court shall have full power to determine by whom and to what extent the costs are to be paid. (4) In subsections (1) and (2) “proceedings” includes the administration of estates and trusts. (5) Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy. (6) In any proceedings mentioned in subsection (1), the 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 of court. (7) In subsection (6), “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. (8) Where— (a) a person has commenced proceedings in the High Court; but (b) those proceedings should, in the opinion of the court, have been commenced in a county court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment, the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances. (9) Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question— (a) the amount of that reduction shall not exceed 25 per cent; and (b) on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction. (10) The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage. (11) Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient. (12) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament. (13) In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.

• (2) In section 52 of that Act (costs in Crown Court) the following subsection shall be inserted after subsection (2)—

(2A) Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section

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Evidence

Witness statements

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• (1) Rules of court may make provision—

• (a) requiring, in specified circumstances, any party to civil proceedings to serve on the other parties a written statement of the oral evidence which he intends to adduce on any issue of fact to be decided at the trial;

• (b) enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and

• (c) prohibiting a party who fails to comply with such a requirement or direction from adducing oral evidence on the issue of fact to which it relates.

• (2) Where a party to proceedings has refused to comply with such a requirement or direction, the fact that his refusal was on the ground that the required statement would have been a document which was privileged from disclosure shall not affect any prohibition imposed by virtue of subsection (1)(c).

• (3) This section is not to be read as prejudicing in any way any other power to make rules of court.

Evidence given in arbitrations on small claims

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In section 64 of the County Courts Act 1984 (references to arbitration) the following subsections shall be inserted after subsection (2)—

(2A) County court rules may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2). (2B) Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.

Appeals

Appeals to Court of Appeal

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• (1) Section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal) shall be amended as follows.

• (2) In subsection (1), paragraphs (e), (f) and (h) (which deal with cases in which leave is required for an appeal) shall be omitted.

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

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

Powers of Court of Appeal to award damages

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• (1) In this section “case” means any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate.

• (2) Rules of court may provide for the Court of Appeal, in such classes of case as may be specified in the rules, to have power, in place of ordering a new trial, to substitute for the sum awarded by the jury such sum as appears to the court to be proper.

• (3) This section is not to be read as prejudicing in any way any other power to make rules of court.

Family proceedings

Allocation of family proceedings which are within the jurisdiction of county courts

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Family proceedings in magistrates' courts and related matters

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Miscellaneous

Representation in certain county court cases

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• (1) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in the county court of such a kind as may be specified in the order.

• (2) The power to make an order may only be exercised in relation to proceedings—

• (a) for the recovery of amounts due under contracts for the supply of goods or services;

• (b) for the enforcement of any judgment or order of any court or the recovery of any sum due under any such judgment or order;

• (c) on any application under the Consumer Credit Act 1974;

• (d) in relation to domestic premises; or

• (e) dealt with as a small claim in accordance with rules of court,

or any category (determined by reference to such criteria as the Lord Chancellor considers appropriate) of such proceedings.

• (3) Where an order is made under this section, section 20 of the Solicitors Act 1974 (unqualified person not to act as solicitor) shall cease to apply in relation to proceedings of the kind specified in the order.

• (4) Where the county court is of the opinion that a person who would otherwise have a right of audience by virtue of an order under this section is behaving in an unruly manner in any proceedings, it may refuse to hear him in those proceedings.

• (5) Where the county court exercises its power under subsection (4), it shall specify the conduct which warranted its refusal.

• (6) Where, in any proceedings in the county court—

• (a) a person is exercising a right of audience or a right to conduct litigation;

• (b) he would not be entitled to do so were it not for an order under this section; and

• (c) the judge has reason to believe that (in those or any other proceedings in which he has exercised a right of audience or a right to conduct litigation) that person has intentionally misled the court, or otherwise demonstrated that he is unsuitable to exercise that right,

the judge may order that person’s disqualification from exercising any right of audience or any right to conduct litigation in proceedings in the county court.

• (7) Where a judge makes an order under subsection (6) he shall give his reasons for so doing.

• (8) Any person against whom such an order is made may appeal to the Court of Appeal.

• (9) Any such order may be revoked at any time by any judge of the county court.

• (9A) This section applies in relation to the family court as it applies in relation to the county court.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In this section “domestic premises” means any premises which are wholly or mainly used as a private dwelling.

• (12) 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 (1) or (2).

Penalty for failure to warn that hearing will not be attended

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Administration orders

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• (1) For subsection (1) of section 112 of the County Courts Act 1984 (power to make administration orders) there shall be substituted—

(1) Where a debtor is unable to pay forthwith the amount of any debt owed by him, a county court may make an order providing for the administration of his estate. (1A) The order may be made— (a) on the application of the debtor (whether or not a judgment debt has been obtained against the debtor in respect of his debt, or any of his debts); (b) on the application of any creditor under a judgment obtained against the debtor; or (c) of the court’s own motion during the course of, or on the determination of, any enforcement or other proceedings.

• (2) In that section the following subsection shall be inserted after subsection (4)—

(4A) Subsection (4) is subject to section 112A.

• (3) Subsection (5) of that section shall be omitted.

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

(9) An administration order shall cease to have effect— (a) at the end of the period of three years beginning with the date on which it is made; or (b) on such earlier date as may be specified in the order.

• (5) After that section there shall be inserted the following sections—

(112A) (1) Where the court is satisfied— (a) that it has power to make an administration order with respect to the debtor concerned; but (b) that an order restricting enforcement would be a more satisfactory way of dealing with the case, it may make such an order instead of making an administration order. (2) Where an order restricting enforcement is made, no creditor specified in the order shall have any remedy against the person or property of the debtor in respect of any debt so specified, without the leave of the court. (3) Subsection (4) applies to any creditor— (a) who is named in the schedule to an administration order or in an order restricting enforcement; and (b) who provides the debtor with mains gas, electricity or water for the debtor’s own domestic purposes. (4) While the order has effect, the creditor may not stop providing the debtor with— (a) mains gas, electricity or (as the case may be) water for the debtor’s own domestic purposes; or (b) any associated service which it provides for its customers, without leave of the court unless the reason for doing so relates to the non-payment of charges incurred by the debtor after the making of the order or is unconnected with non-payment by him of any charges. (5) In this section “mains gas” means a supply of gas by a public gas supplier within the meaning of Part I of the Gas Act 1986. (6) Rules of court may make provision with respect to the period for which any order restricting enforcement is to have effect and for the circumstances in which any such order may be revoked. (112B) (1) Where the court is satisfied— (a) that it has power to make an administration order with respect to the debtor concerned; and (b) that the addition of a composition provision would be a more satisfactory way of dealing with the case, it may make an administration order subject to such a provision. (2) Where, at any time while an administration order is in force— (a) the debtor has not discharged the debts to which that order relates; and (b) the court considers that he is unlikely to be able to discharge them, the court may add a composition provision to that order. (3) A composition provision shall specify an amount to which the debtor’s total indebtedness in respect of debts owed to creditors scheduled to the administration order is to be reduced. (4) The amount of the debt owed to each of the creditors so scheduled shall be reduced in proportion to the reduction in his total indebtedness specified by the composition provision. (5) Where a composition provision is added to an administration order after the order is made, section 113(a) shall apply as if the addition of the composition provision amounted to the making of a new administration order.

Assessors

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Enforcement

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

• (2) In section 89(1) of the County Courts Act 1984 (goods which may be seized under any warrant of execution), the following paragraph shall be substituted for paragraph (a)—

(a) any of that person’s goods except— (i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation; (ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;

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• (3) Where a person takes steps to enforce a judgment or order of the High Court , the family court or the county court for the payment of any sum due, the costs of any previous attempt to enforce that judgment shall be recoverable to the same extent as if they had been incurred in the taking of those steps.

• (4) Subsection (3) shall not apply in respect of any costs which the court considers were unreasonably incurred (whether because the earlier attempt was unreasonable in all the circumstances of the case or for any other reason).

County court rules

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Part II — Legal Services

Introductory

The statutory objective and the general principle

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The statutory duty

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

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Duties of the Advisory Committee

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The Legal Services Ombudsman

The Legal Services Ombudsman

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Ombudsman’s functions

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Recommendations

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Advisory functions

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Procedure and offences

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Extension of Ombudsman’s remit

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Rights of audience and rights to conduct litigation

Rights of audience

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Rights to conduct litigation

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Authorised bodies: designation and approval of regulations and rules

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Revocation of authorised body’s designation

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• (1) Where an Order in Council has been made under section 29 designating a body as an authorised body, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.

• (2) An Order under this section may only be made if—

• (a) the authorised body has made a written request to the Lord Chancellor asking for it to be made;

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

• (3) The provisions of Part III of Schedule 4 shall have effect with respect to the revocation of designations under this section.

• (4) An Order made under this section may make such transitional and incidental provision as the Lord Chancellor considers necessary or expedient.

• (5) Where such an Order is made, any right of audience or right to conduct litigation granted to any person by the body with respect to whom the Order is made shall cease to have effect, subject to any transitional provision made by the Order.

• (6) Where such an Order is made, the Lord Chancellor shall—

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

• (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.

The General Council of the Bar

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The Law Society: rights of audience

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• (1) On the coming into force of section 27—

• (a) solicitors shall be deemed to have been granted by the Law Society the rights of audience exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and

• (b) the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 27.

• (2) Those qualification regulations and rules of conduct shall be deemed to have been approved only—

• (a) in relation to the rights of audience mentioned in subsection (1)(a); and

• (b) so far as they relate to those rights of audience.

• (3) If any particular provision of those regulations or rules would not have been approved for the purposes of section 27 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.

• (4) In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.

• (5) Where a direction is given under subsection (4)—

• (a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;

• (b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and

• (c) that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.

• (6) In the event of any question arising as to whether any provision of the qualification regulations or rules of conduct of the Law Society requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.

• (7) Where a direction is given under subsection (6)—

• (a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;

• (b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and

• (c) it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.

• (8) Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—

• (a) it shall cease to have effect, so far as it relates to any right of audience deemed to have been granted by the Law Society; and

• (b) the regulations and rules which are deemed, by virtue of subsection (1)(b) to have been properly approved shall be taken not to include that provision.

• (9) Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—

• (a) it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or

• (b) it is determined in accordance with subsection (7)(c) that that provision requires approval.

The Law Society: rights to conduct litigation

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• (1) On the coming into force of section 28—

• (a) solicitors shall be deemed to have been granted by the Law Society the rights to conduct litigation exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and

• (b) the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 28.

• (2) Those qualification regulations and rules of conduct shall be deemed to have been approved only—

• (a) in relation to the rights to conduct litigation mentioned in subsection (1)(a); and

• (b) so far as they relate to those rights to conduct litigation.

• (3) If any particular provision of those regulations or rules would not have been approved for the purposes of section 28 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.

• (4) In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.

• (5) Where a direction is given under subsection (4)—

• (a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;

• (b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and

• (c) that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.

• (6) In the event of any question arising as to whether any provision requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.

• (7) Where a direction is given under subsection (6)—

• (a) the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;

• (b) the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and

• (c) it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.

• (8) Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—

• (a) it shall cease to have effect, so far as it relates to any right to conduct litigation deemed to have been granted by the Law Society; and

• (b) the regulations and rules which are deemed, by virtue of subsection (1)(b), to have been properly approved shall be taken not to include that provision.

• (9) Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—

• (a) it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or

• (b) it is determined in accordance with subsection (7)(c) that that provision requires approval.

Extension of conveyancing services

The Authorised Conveyancing Practitioners Board

34

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Functions of the Board and financial provisions

35

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Provision of conveyancing services by authorised practitioners

36

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Authorisation of practitioners

37

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Refusal of approval and imposition of conditions

38

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Revocation and suspension of authorisation

39

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

Regulations about competence and conduct etc. of authorised practitioners

40

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The Conveyancing Appeal Tribunals

41

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Appeals from Tribunals on points of law

42

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The Conveyancing Ombudsman Scheme

43

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Compensation scheme

44

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Advisory and supervisory functions of Director General of Fair Trading

45

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Investigatory powers of Director

46

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Power to obtain information and require production of documents

47

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Investigations on behalf of the Board

48

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Restrictions on disclosure of information

49

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Exceptions from restrictions on disclosure

50

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Board’s intervention powers

51

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Board’s intervention powers: supplemental provisions

52

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Licensed conveyancers and licensed CLC practitioners

The Council for Licensed Conveyancers

53

• (1) The Council for Licensed Conveyancers has the powers necessary to enable it to become designated as an approved regulator in relation to one or more of the reserved legal activities within subsection (1A).

• (1A) The reserved legal activities to which this subsection applies are—

• (a) the exercise of a right of audience;

• (b) the conduct of litigation;

• (c) probate activities.

• (2) If the Council becomes an approved regulator in relation to one or more of those activities, it may, in that capacity, authorise a person to carry on a relevant activity ....

• (3) Where the Council authorises a person to carry on a relevant activity, it is to do so by issuing a licence to the person in respect of that activity .

• (4) If the person granted a licence under this section is a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising the licensed conveyancer’s licence issued under Part II of the Administration of Justice Act 1985 and any other licence which the Council may grant to the licensed conveyancer concerned.

• (4A) If the person granted a licence under this section is not a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising that and any other licence under this section which the Council may grant to the person.

• (4B) A licence under this section granted to a person who is not a licensed conveyancer ceases to have effect if the person becomes a licensed conveyancer.

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

• (6) Where the Council exercises any of its powers in connection with—

• (a) an application for designation as an approved regulator in relation to a reserved legal activity within subsection (1A), or

• (b) the authorising of a person to carry on a relevant activity,

it is to do so subject to any requirements to which it is subject in accordance with the provisions of the Legal Services Act 2007.

• (7) Schedule 8 makes further provision in connection with the powers given to the Council by this section and the provision made by the Act of 1985 in relation to licensed conveyancers, including amendments of Part II of that Act.

• (8) The Lord Chancellor may by order make such—

• (a) amendments of, or modifications to, the provisions of Part II of the Act of 1985; or

• (b) transitional or consequential provision,

as he considers necessary or expedient in connection with the provision made by this section and Schedule 8.

• (9) Subject to any provision made by this section, Schedule 8 or any order made by the Lord Chancellor under subsection (8), the provisions of Part II of the Act of 1985 shall, with the necessary modifications, apply with respect to persons who apply for, or hold, an advocacy, litigation or probate licence and —

• (a) any application for an advocacy, litigation or probate licence;

• (b) any such licence;

• (c) the practice of any person which is carried on by virtue of any such licence;

• (d) rules made by the Council under Schedule 8;

• (da) any case of an individual who describes himself or herself, or holds himself or herself out, as a licensed CLC practitioner without holding a licence in force under this section;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) any other matter dealt with by this section or Schedule 8,

as they apply with respect to persons who apply for, or hold, a licence under Part 2 of the Act of 1985 and the corresponding matters dealt with by Part II of that Act.

• (9A) The modifications mentioned in subsection (9) may differ depending on whether the person applying for, or holding, an advocacy, litigation or probate licence is or is not a licensed conveyancer.

• (9B) Subsection (9) does not apply to section 34 of the Act of 1985 (modification of existing enactments relating to conveyancing etc).

• (10) For the purposes of this section—

• (a) “right of audience”, “conduct of litigation”, “probate activities” and “reserved legal activity” have the same meaning as in the Legal Services Act 2007;

• (b) references to designation as an approved regulator are to designation as an approved regulator—

• (i) by Part 1 of Schedule 4 to the Legal Services Act 2007, by virtue of an order under paragraph 5 of Schedule 22 to that Act, or

• (ii) under Part 2 of Schedule 4 to that Act;

• (c) “relevant activity” means an activity which is a reserved legal activity—

• (i) which is within subsection (1A), and

• (ii) in relation to which the Council is designated as an approved regulator by Part 1 of Schedule 4 to that Act (by virtue of an order under paragraph 5 of Schedule 22 to that Act) or under Part 2 of that Schedule.

• (11) In this section—

• “advocacy licence” means a licence issued under this section by which the Council authorises the person concerned to exercise a right of audience;

• “CLC practitioner services” has the same meaning as in section 32B of the Act of 1985;

• “licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under this section;

• “litigation licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities which constitute the conduct of litigation;

• “the practice of a licensed CLC practitioner” means the provision by a person, as the holder of a licence under this section, of CLC practitioner services in accordance with the licence; and

• “probate licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities that constitute probate activities.

Probate services

Preparation of papers for probate etc

54

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Preparation of probate papers etc: exemption from section 23(1) of Solicitors Act 1974

55

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Administration of oaths etc. by justices in certain probate business

56

• (1) Every justice shall have power to administer any oath or take any affidavit which is required for the purposes of an application for a grant of probate or letters of administration made in any non-contentious or common form probate business.

• (2) A justice before whom any oath or affidavit is taken or made under this section shall state in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.

• (3) No justice shall exercise the powers conferred by this section in any proceedings in which he is interested.

• (4) A document purporting to be signed by a justice administering an oath or taking an affidavit shall be admitted in evidence without proof of the signature and without proof that he is a justice.

• (5) In this section—

• “affidavit” has the same meaning as in the Commissioners for Oaths Act 1889;

• “justice” means a justice of the peace;

• “letters of administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes; and

• “non-contentious or common form probate business” has the same meaning as in section 128 of the Senior Courts Act 1981.

Notaries

57

• (1) Public notaries shall no longer be appointed to practise only within particular districts in England, or particular districts in Wales.

• (2) It shall no longer be necessary to serve a period of apprenticeship before being admitted as a public notary.

• (3) Accordingly, the following enactments relating to public notaries shall cease to have effect—

• (a) section 2 of the Public Notaries Act 1801 (which provides that no person shall be admitted as a public notary unless he has served as an apprentice for seven years);

• (b) section 1 of the Public Notaries Act 1833 (which restricts the requirement to serve an apprenticeship to London and an area of ten miles from the Royal Exchange);

• (c) section 2 of the Public Notaries Act 1833 (appointment of public notaries to practise within particular districts in England);

• (d) section 3 of the Public Notaries Act 1843 (which reduced the period of apprenticeship to five years);

• (e) section 37 of the Welsh Church Act 1914 (appointment of public notaries to practise within particular districts in Wales); and

• (f) section 29 of the Administration of Justice Act 1969 (which reduced the period of apprenticeship for public notaries in London).

• (4) The Master may by rules make provision—

• (a) as to the educational and training qualifications which must be satisfied before a person may be granted a faculty to practise as a public notary;

• (b) as to further training which public notaries are to be required to undergo;

• (c) for regulating the practice, conduct and discipline of public notaries;

• (d) supplementing the provision made by subsections (8) and (9);

• (e) as to the keeping by public notaries of records and accounts;

• (f) as to the handling by public notaries of clients’ money;

• (g) as to the indemnification of public notaries against losses arising from claims in respect of civil liability incurred by them;

• (h) as to compensation payable for losses suffered by persons in respect of dishonesty on the part of public notaries or their employees; and

• (i) requiring the payment, in such circumstances as may be prescribed, of such reasonable fees as may be prescribed, including in particular fees for—

• (i) the grant of a faculty;

• (ii) the issue of a practising certificate by the Court of Faculties of the Archbishop of Canterbury; or

• (iii) the entering in that court of a practising certificate issued under the Solicitors Act 1974.

• (5) The repeal of section 2 of the Act of 1833 and section 37 of the Act of 1914 by this Act shall not affect any appointment made under either of those sections; but the Master may by rules make such provision as he considers necessary or expedient in consequence of either, or both, of those repeals.

• (6) Rules made under subsection (5) may, in particular, provide for the grant by the Master of a new faculty for any person to whom the Notary Public (Welsh Districts) Rules 1924 applied immediately before the commencement of this section, in place of the faculty granted to him by the Clerk of the Crown in Chancery.

• (7) Subsections (4) to (6) shall not be taken to prejudice—

• (a) any other power of the Master to make rules; or

• (b) any rules made by him under any such power.

• (8) With effect from the operative date, any restriction placed on a qualifying district notary, in terms of the district within which he may practise as a public notary, shall cease to apply.

• (9) In this section—

• “Master” means the Master of the Faculties;

• “the operative date” means the date on which subsection (1) comes into force or, if on that date the notary concerned is not a qualifying district notary (having held his faculty for less than five years)—the date on which he becomes a qualifying district notary; orsuch earlier date, after the commencement of subsection (1), as the Master may by rules prescribe for the purpose of this subsection;

• “prescribed” means prescribed by rules made under this section; and

• “qualifying district notary” means a person who—holds a faculty as a notary appointed under section 2 of the Act of 1833 or section 37 of the Act of 1914; andhas held it for a continuous period of at least five years.

• (10) Section 5 of the Ecclesiastical Licences Act 1533 (which amongst other things now has the effect of requiring faculties to be registered by the Clerk of the Crown in Chancery) shall not apply in relation to any faculty granted to a public notary.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Conditional fee agreements

58

• (1) A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to subsection (5)) any other conditional fee agreement shall be unenforceable.

• (2) For the purposes of this section and section 58A—

• (a) a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances; and

• (b) a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances and

• (c) references to a success fee, in relation to a conditional fee agreement, are to the amount of the increase.

• (3) The following conditions are applicable to every conditional fee agreement—

• (a) it must be in writing;

• (b) it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and

• (c) it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor.

• (4) The following further conditions are applicable to a conditional fee agreement which provides for a success fee—

• (a) it must relate to proceedings of a description specified by order made by the Lord Chancellor;

• (b) it must state the percentage by which the amount of the fees which would be payable if it were not a conditional fee agreement is to be increased; and

• (c) that percentage must not exceed the percentage specified in relation to the description of proceedings to which the agreement relates by order made by the Lord Chancellor.

• (4A) The additional conditions are applicable to a conditional fee agreement which—

• (a) provides for a success fee, and

• (b) relates to proceedings of a description specified by order made by the Lord Chancellor for the purposes of this subsection.

• (4B) The additional conditions are that—

• (a) the agreement must provide that the success fee is subject to a maximum limit,

• (b) the maximum limit must be expressed as a percentage of the descriptions of damages awarded in the proceedings that are specified in the agreement,

• (c) that percentage must not exceed the percentage specified by order made by the Lord Chancellor in relation to the proceedings or calculated in a manner so specified, and

• (d) those descriptions of damages may only include descriptions of damages specified by order made by the Lord Chancellor in relation to the proceedings.

• (5) If a conditional fee agreement is an agreement to which section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies, subsection (1) shall not make it unenforceable.

Representation under the Legal Aid Act 1988

59

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Regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales

60

• (1) The Lord Chancellor may by regulations prescribe circumstances in which, and conditions subject to which, a practitioner who is qualified to practise in Scotland or Northern Ireland may, in such capacity as may be prescribed, exercise in England and Wales—

• (a) prescribed rights of audience; or

• (b) prescribed rights to conduct litigation,

without being entitled to do so apart from the regulations.

• (2) The Lord Chancellor may by regulations make provision for the purpose of enabling practitioners who are qualified to practise in Scotland or Northern Ireland to become qualified to practise in England and Wales on terms, and subject to conditions, corresponding or similar to those on which practitioners who are qualified to practise in member States may become qualified to practise in that jurisdiction.

• (2A) Regulations may be made under this section only if—

• (a) the Legal Services Board has made a recommendation under section 60A,

• (b) draft regulations were annexed to the recommendation, and

• (c) the regulations are in the same form as, or a form not materially different from, the draft regulations.

• (3) Regulations made under subsection (1) may, in particular—

• (a) prescribe any right of audience which may not be exercised by a person in England and Wales unless he is instructed to act together with a person who has that right of audience there;

• (b) prescribe legal services which may not be provided by any person practising by virtue of the regulations;

• (c) prescribe the title or description which must be used by any person practising by virtue of the regulations;

• (d) provide for the means by which the qualification of any person claiming to be entitled to practise by virtue of the regulations is to be verified;

• (e) provide for such professional or other body as may be prescribed to have power to investigate and deal with any complaint made against a person practising by virtue of the regulations.

• (4) Regulations made under subsection (1) or (2) may modify any rule of law or practice which the Lord Chancellor considers should be modified in order to give effect to the regulations.

• (5) In this section “practitioner” means—

• (a) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland or an advocate or solicitor in Scotland; and

• (b) any person falling within such category as may be prescribed.

Right of barrister to enter into contract for the provision of his services

61

• (1) Any rule of law which prevents a barrister from entering into a contract for the provision of his services as a barrister is hereby abolished.

• (2) Nothing in subsection (1) prevents the General Council of the Bar from making rules (however described) which prohibit barristers from entering into contracts or restrict their right to do so.

Immunity of advocates from actions in negligence and for breach of contract

62

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Legal professional privilege

63

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Discrimination by, or in relation to, barristers

64

• (1) The following shall be inserted in the Sex Discrimination Act 1975 after section 35—

(35A) (1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman— (a) in the arrangements which are made for the purpose of determining to whom it should be offered; (b) in respect of any terms on which it is offered; or (c) by refusing, or deliberately omitting, to offer it to her. (2) It is unlawful for a barrister or barrister’s clerk, in relation to a woman who is a pupil or tenant in the chambers in question, to discriminate against her— (a) in respect of any terms applicable to her as a pupil or tenant; (b) in the opportunities for training, or gaining experience, which are afforded or denied to her; (c) in the benefits, facilities or services which are afforded or denied to her; or (d) by terminating her pupillage or by subjecting her to any pressure to leave the chambers or other detriment. (3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a woman. (4) In this section— - “barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk; and - “pupil”, “pupillage”, “tenancy” and “tenant” have the meanings commonly associated with their use in the context of a set of barristers’ chambers. (5) Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II. (6) This section does not apply to Scotland.

• (2) The following shall be inserted in the Race Relations Act 1976 after section 26—

(26A) (1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person— (a) in the arrangements which are made for the purpose of determining to whom it should be offered; (b) in respect of any terms on which it is offered; or (c) by refusing, or deliberately omitting, to offer it to him. (2) It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the chambers in question, to discriminate against him— (a) in respect of any terms applicable to him as a pupil or tenant; (b) in the opportunities for training, or gaining experience which are afforded or denied to him; (c) in the benefits, facilities or services which are afforded or denied to him; or (d) by terminating his pupillage or by subjecting him to any pressure to leave the chambers or other detriment. (3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person. (4) In this section— - “barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk; and - “pupil”, “pupillage”, “tenancy” and “tenant” have the meanings commonly associated with their use in the context of a set of barristers’ chambers. (5) This section does not apply to Scotland.

Discrimination by, or in relation to, advocates

65

• (1) The following shall be inserted in the Sex Discrimination Act 1975 after section 35A (as inserted by this Act)—

(35B) (1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a woman— (a) in the arrangements which he makes for the purpose of determining whom he will take as his pupil; (b) in respect of any terms on which he offers to take her as his pupil; or (c) by refusing, or deliberately omitting, to take her as his pupil. (2) It is unlawful for an advocate, in relation to a woman who is a pupil, to discriminate against her— (a) in respect of any terms applicable to her as a pupil; (b) in the opportunities for training, or gaining experience, which are afforded or denied to her; (c) in the benefits, facilities or services which are afforded or denied to her; or (d) by terminating the relationship or by subjecting her to any pressure to terminate the relationship or other detriment. (3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against a woman. (4) In this section— - “advocate” means a member of the Faculty of Advocates practising as such; and - “pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate. (5) Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II. (6) This section does not apply to England and Wales.

• (2) The following shall be inserted in the Race Relations Act 1976 after section 26A (as inserted by this Act)—

(26B) (1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person— (a) in the arrangements which he makes for the purpose of determining whom he will take as his pupil; (b) in respect of any terms on which he offers to take any person as his pupil; or (c) by refusing, or deliberately omitting, to take a person as his pupil. (2) It is unlawful for an advocate, in relation to a person who is a pupil, to discriminate against him— (a) in respect of any terms applicable to him as a pupil; (b) in the opportunities for training, or gaining experience, which are afforded or denied to him; (c) in the benefits, facilities or services which are afforded or denied to him; or (d) by terminating the relationship or by subjecting him to any pressure to terminate the relationship or other detriment. (3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person. (4) In this section— - “advocate” means a member of the Faculty of Advocates practising as such; and - “pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate. (5) This section does not apply to England and Wales.

.

Multi-disciplinary and multi-national practices

66

• (1) Section 39 of the Solicitors Act 1974 (which, in effect, prevents solicitors entering into partnership with persons who are not solicitors) shall cease to have effect.

• (2) Nothing in subsection (1) prevents the Law Society making rules which prohibit solicitors from entering into any unincorporated association with persons who are not solicitors, or restrict the circumstances in which they may do so.

• (3) Section 10 of the Public Notaries Act 1801 (which, in effect, prevents notaries entering into partnership with persons who are not notaries) shall cease to have effect.

• (4) Nothing in subsection (3) prevents the Master of the Faculties making rules which prohibit notaries from entering into any unincorporated association with persons who are not notaries, or restrict the circumstances in which they may do so.

• (5) It is hereby declared that no rule of common law prevents barristers from entering into any unincorporated association with persons who are not barristers.

• (6) Nothing in subsection (5) prevents the General Council of the Bar from making rules which prohibit barristers from entering into any such unincorporated association, or restrict the circumstances in which they may do so.

Right of audience for solicitors in certain Crown Court centres

67

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Preparation of documents etc. by registered patent agents and trade mark agents

68

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Exemption from liability for damages etc

69

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Offences

Offences

70

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Part III — Judicial and Other Offices and Judicial Pensions

Judicial appointments

Qualification for judicial and certain other appointments

71

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

Judges

Presiding Judges

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• (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" ”.

Delegation of certain administrative functions of Master of the Rolls

73

• (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).

District judges

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• (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,