Courts and Legal Services Act 1990

shall become the offices of district judge, assistant district judge and deputy district judge respectively.

• (2) The office of registrar of the principal registry of the Family Division of the High Court shall become the office of district judge of the principal registry of the Family Division.

• (3) Any reference in any enactment, instrument or other document to an office which is, or includes, one to which this section applies shall be construed as a reference to, or (as the case may be) as including a reference to, that office by its new name.

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

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

• (6) In section 118 of that Act (power of judge to commit for contempt) after subsection (2) there shall be inserted—

(3) A district judge, assistant district judge or deputy district judge shall have the same powers under this section in relation to proceedings before him as a judge.

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

Judges etc. barred from legal practice

75

No person holding as a full-time appointment any of the offices listed in Schedule 11 shall—

• (a) provide any advocacy or litigation services (in any jurisdiction);

• (b) provide any conveyancing or probate services;

• (ba) carry on any notarial activities (within the meaning of the Legal Services Act 2007);

• (c) practise as a barrister, solicitor, public notary , licensed conveyancer or licensed CLC practitioner , or be indirectly concerned in any such practice;

• (d) practise as an advocate or solicitor in Scotland, or be indirectly concerned in any such practice; or

• (e) act for any remuneration to himself as an arbitrator or umpire.

Judicial oaths

76

• (1) A person holding any of the following offices—

• (a) district judge, including district judge of the principal registry of the Family Division;

• (b) Master of the Queen’s Bench Division;

• (c) Master of the Chancery Division;

• (d) Insolvency and Companies Court Judge ;

• (e) Taxing Master of the Senior Courts ;

• (f) Admiralty Registrar,

shall take the oath of allegiance and the judicial oath before a judge of the High Court or a Circuit judge.

• (2) The Promissory Oaths Act 1868 shall have effect as if the offices listed in the Second Part of the Schedule to that Act included those offices.

Senior Courts Officers

Age for retirement of certain Supreme Court officers

77

• (1) In section 92 of the Senior Courts Act 1981 (tenure of office) for subsection (2) there shall be substituted—

(2) Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals. (2A) Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixty-two years. (2B) Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2 and the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals. (2C) For the purposes of subsections (1) and (2A) a person who has successively held two or more offices listed in column 1 of Part I or II of Schedule 2 shall be treated as completing a year of service on the anniversary of his appointment to the first of them.

• (2) After subsection (3) of that section (retirement age increased in certain circumstances to 75 years) there shall be inserted—

(3A) Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.

• (3) In subsection (4) of that section (person to hold office during good behaviour) after the words “subsection (1)" there shall be inserted “ or (2A)" ”.

Registrar of Criminal Appeals

78

• (1) The office of Registrar of Criminal Appeals shall be combined with the office of Queen’s Coroner and Attorney and Master of the Crown Office.

• (2) After section 13 of the Judicial Pensions Act 1981 there shall be inserted—

(13A) There may be paid to persons who have held the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals such superannuation allowances as the Lord Chancellor may, with the approval of the Treasury, determine.

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

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

Judicial pensions

Widowers' pensions

79

• (1) The following section shall be inserted in the Judicial Pensions Act 1981, after section 18 (which sets out the conditions on which a widow’s pension is payable)—

(18A) (1) Section 18 above shall have effect in relation to the death of a female person as it has effect in relation to the death of a male person but as if— (a) for the words “widow", “widow’s pension" and “wife" there were substituted “ widower" ”, “ widower’s pension" ” and “ husband" ”; and (b) for the words “his", “he" and “him" there were substituted “ hers" ”, “ she" ” and “ her" ”. (2) The transitional provisions in Part IV of Schedule 2 to this Act shall have effect in relation to widowers’ pensions.

• (2) The transitional provisions set out in Schedule 12 shall be inserted in the Act of 1981 as Part IV of Schedule 2 to that Act.

Widows' and widowers' pensions: supplemental

80

For section 19 of the Judicial Pensions Act 1981 (determination of widow’s pension) there shall be substituted—

(19) (1) No widow’s or widower’s pension may be granted if the marriage with the deceased took place after he or she retired from relevant service. (2) A widow’s or widower’s pension shall come to an end on the death of the widow or widower. (3) Where a widow’s or widower’s pension is payable the Treasury may, on or at any time after the re-marriage of the widow or widower, direct that it shall cease to be payable. (4) Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed. (5) The annual amount of a widow’s or widower’s pension may be one half of the annual amount of the personal pension.

Transfer of accrued rights to and from judicial pension schemes

81

Schedule 13 amends the Judicial Pensions Act 1981 by inserting a new Schedule 1A, which makes provision for the transfer of accrued rights into and out of the judicial pension schemes constituted by that Act and the Sheriffs’ Pensions (Scotland) Act 1961.

Voluntary contributions

82

• (1) In the Judicial Pensions Act 1981, the following section shall be inserted after section 33—

(33A) (1) Regulations shall make provision entitling any member of a judicial pension scheme constituted by this Act or the Sheriffs’ Pensions (Scotland) Act 1961 to make voluntary contributions towards the cost of the provision of additional benefits under the scheme. (2) The regulations— (a) may not prohibit the payment of voluntary contributions; (b) may not impose any limit on the amount which any member may pay by way of voluntary contributions other than an upper limit corresponding to that for the time being fixed by or under section 594 of the Income and Corporation Taxes Act 1988 (exempt statutory schemes); (c) must secure that any voluntary contributions paid by a member of a scheme are used to provide prescribed additional benefits for or in respect of him; and (d) must secure that the value of such additional benefits is reasonable, having regard to— (i) the amount paid by way of voluntary contributions; (ii) the value of the other benefits provided under the scheme; and (iii) the general value of benefits available to a person under any contract of life insurance entered into by him with an insurance company to which Part II of the Insurance Companies Act 1982 (regulation of insurance companies carrying on insurance business within the United Kingdom) applies. (3) The regulations may, in particular— (a) provide that the value of additional benefits offered on payment of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary; and (b) prescribe the manner in which it is to be determined in any case whether the amount of a person’s contributions exceeds any limit imposed by virtue of subsection (2)(b) above. (4) Nothing in subsection (2) shall be taken to prevent the regulations from limiting the overall amount which a member may pay by way of voluntary contributions by reference to the maximum entitlement of members under the scheme. (5) Regulations made under this section may make provision for consequential and incidental matters, including, in particular, consequential provision with respect to any enactment referring or relating to lump sums payable under Part II of this Act. (6) Regulations under this section may be made— (a) by the Lord Chancellor; or (b) in relation to pensions for service in offices existing only in Scotland, by the Secretary of State, with the consent of the Treasury. (7) The power to make regulations under this section shall be exercisable by statutory instrument. (8) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

• (3) In Article 14 of the Social Security (Northern Ireland) Order 1986 (voluntary contributions in Northern Ireland) the following paragraph shall be inserted after paragraph (10)—

(10A) This Article does not apply in relation to any pension payable under the Judicial Pensions Act 1981.

Period of service to qualify for certain superannuation benefits

83

• (1) In each of the following provisions (which among other things require a minimum number of years service for qualification for superannuation benefits)—

• (a) section 7(1) of the Judicial Pensions Act 1981 (stipendiary magistrates);

• (b) section 9(1) of that Act (Judge Advocate General);

• (c) paragraph 4(1)(b) of Schedule 1 to that Act (Supreme Court officers etc); and

• (d) section 1(1) of the Sheriffs’ Pensions (Scotland) Act 1961,

for the words “5 years", or “five years", there shall be substituted, in each case, “ 2 years" ”.

• (2) In section 7(3) of the Act of 1981 (rate of pension payable to a stipendiary magistrate) for “(a)" there shall be substituted—

(a) if the period of service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary, (aa)

.

• (3) In section 9 of the Act of 1981 (rate of pension payable to Judge Advocate General) the following subsection shall be inserted after subsection (3)—

(3A) The annual rate of pension payable under this section to a person retiring after less than 5 (but not less than 2) years service shall be 6/80ths of his last annual salary.

• (4) In paragraph 4(4) of Schedule 1 to the Act of 1981 (rate of pension payable to an officer of the Supreme Court etc.) for “(a)" there shall be substituted—

(a) if the period of relevant service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary, (aa)

.

• (5) In subsections (2) and (3) of section 3 of the Sheriffs’ Pensions (Scotland) Act 1961 (rate of pension payable to sheriff and salaried sheriff-substitute) for “(a)" there shall, in each case, be substituted—

(a) where the period of his relevant service exceeds two years but is less than five years, six eightieths of his last annual salary; (aa)

.

Abolition of abatement of salary rule for judges etc

84

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

Part IV — Solicitors

Practising certificates for employed solicitors

85

After section 1 of the Solicitors Act 1974 (qualifications for practising as solicitor) there shall be inserted the following section—

(1A) A person who has been admitted as a solicitor and whose name is on the roll shall, if he would not otherwise be taken to be acting as a solicitor, be taken for the purposes of this Act to be so acting if he is employed in connection with the provision of any legal services— (a) by any person who is qualified to act as a solicitor; (b) by any partnership at least one member of which is so qualified; or (c) by a body recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985 (incorporated practices).

Commencement, expiry and replacement of practising certificates

86

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

Fees payable on issue of practising certificates

87

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

Additional fee payable by certain solicitors on applying for practising certificates

88

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

Foreign lawyers: recognised bodies and partnerships with solicitors

89

• (1) The Law Society shall maintain a register of foreign lawyers for the purposes of this section.

• (2) A foreign lawyer who wishes to be registered under this section must apply to the Society in accordance with the requirements of Part I of Schedule 14.

• (3) The power to make rules under—

• (a) the following provisions of the Solicitors Act 1974—

• (i) section 31 (professional practice, conduct and discipline);

• (ii) section 32 (accounts and trust accounts);

• (iii) section 34 (accountants’ reports);

• (iv) sections 36 and 36A (compensation grants); and

• (v) section 37 (professional indemnity); and

• (b) section 9 of the Administration of Justice Act 1985 (incorporated practices),

shall also be exercisable in relation to registered foreign lawyers.

• (4) Subject to the provisions of Schedule 14, any such power may be exercised so as to make different provision with respect to registered foreign lawyers to the provision made with respect to solicitors.

• (5) Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument—

• (a) passed or made before or in the same Session as the Legal Services Act 2007 was passed;

• (b) having effect in relation to solicitors; and

• (c) specified in the order,

shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.

• (6) An order under subsection (5) may provide for an enactment or instrument to have effect with respect to registered foreign lawyers subject to such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.

• (7) Subject to the provisions of Schedule 14, the Lord Chancellor may by order provide that any enactment or instrument—

• (a) passed or made before or in the same Session as the Legal Services Act 2007 was passed;

• (b) having effect in relation to recognised bodies; and

• (c) specified in the order,

shall, in its application in relation to recognised bodies whose managers include one or more registered foreign lawyers, have effect with such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.

• (8) Schedule 14 shall have effect for the purposes of supplementing this section.

• (8A) Rules and regulations made by the Law Society under, or by virtue of, this section or Schedule 14 which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act.

• (9) In this section and in Schedule 14—

• “foreign lawyer” means a person who is not a solicitor or barrister but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outside England and Wales;

• “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);

• “multi-national partnership” means a partnership whose members consist of one or more registered foreign lawyers and one or more other lawyers as permitted by rules made under section 31 of the Solicitors Act 1974;

• “recognised body” has the same meaning as in section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices); and

• “registered foreign lawyer” means a foreign lawyer who is registered under this section.

The Compensation Fund: incorporated practices

90

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

Power of Law Society to intervene in solicitors' practices

91

• (1) In paragraph 1 of Schedule 1 to the Solicitors Act 1974 (circumstances in which Society may intervene in solicitors’ practices) the following paragraphs shall be added at the end—

(h) the Council are satisfied that a sole solicitor has abandoned his practice; (i) the Council are satisfied that a sole solicitor is incapacitated by age to such an extent as to be unable to attend to his practice; (j) any power conferred by this Schedule has been exercised in relation to a sole solicitor by virtue of sub-paragraph (1)(a) and he has acted as a sole solicitor within the period of eighteen months beginning with the date on which it was so exercised; (k) the Council are satisfied that a person has acted as a solicitor at a time when he did not have a practising certificate which was in force; (l) the Council are satisfied that a solicitor has failed to comply with any condition, subject to which his practising certificate was granted or otherwise has effect, to the effect that he may act as a solicitor only— (i) in employment which is approved by the Society in connection with the imposition of that condition; (ii) as a member of a partnership which is so approved; (iii) as an officer of a body recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985 and so approved; or (iv) in any specified combination of those ways.

• (2) In section 15 of the Act of 1974 (suspension of practising certificates) the following subsections shall be inserted after subsection (1)—

(1A) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 1 has been exercised in relation to a solicitor by virtue of paragraph 1(1)(a)(i), (c) (so far as it applies to rules made by virtue of section 32) or (e) of that Schedule, the exercise of that power shall operate immediately to suspend any practising certificate of that solicitor for the time being in force. (1B) Subsection (1A) does not apply if, at the time when the power referred to there is exercised, the Society directs that subsection (1A) is not to apply in relation to the solicitor concerned. (1C) If, at the time when the power referred to in subsection (1A) is exercised, the Society gives a direction to that effect, the solicitor concerned may continue to act in relation to any matter specified in the direction as if his practising certificate had not been suspended by virtue of subsection (1A), but subject to such conditions (if any) as the Society sees fit to impose.

• (3) In section 16 of the Act of 1974 (duration of suspension of practising certificates) in subsection (3) the following paragraph shall be inserted after paragraph (c)—

(d) by virtue of section 15(1A)

.

Functions of the Solicitors Disciplinary Tribunal

92

• (1) Section 47 of the Solicitors Act 1974 (jurisdiction and powers of the Tribunal) shall be amended as follows.

• (2) The following subsections shall be substituted for subsections (1) and (2)—

(1) Any application— (a) to strike the name of a solicitor off the roll; (b) to require a solicitor to answer allegations contained in an affidavit; (c) to require a former solicitor whose name has been removed from or struck off the roll to answer allegations contained in an affidavit relating to a time when he was a solicitor; (d) by a solicitor who has been suspended from practice for an unspecified period, by order of the Tribunal, for the termination of that suspension; (e) by a former solicitor whose name has been struck off the roll to have his name restored to the roll; (f) by a former solicitor in respect of whom a direction has been given under subsection (2)(g) to have his name restored to the roll, shall be made to the Tribunal; but nothing in this subsection shall affect any jurisdiction over solicitors exercisable by the Master of the Rolls, or by any judge of the High Court, by virtue of section 50. (2) Subject to subsection (3) and to section 54, on the hearing of any application or complaint made to the Tribunal under this Act, other than an application under section 43, the Tribunal shall have power to make such order as it may think fit, and any such order may in particular include provision for any of the following matters— (a) the striking off the roll of the name of the solicitor to whom the application or complaint relates; (b) the suspension of that solicitor from practice indefinitely or for a specified period; (c) the payment by that solicitor or former solicitor of a penalty not exceeding £5,000, which shall be forfeit to Her Majesty; (d) in the circumstances referred to in subsection (2A), the exclusion of that solicitor from legal aid work (either permanently or for a specified period); (e) the termination of that solicitor’s unspecified period of suspension from practice; (f) the restoration to the roll of the name of a former solicitor whose name has been struck off the roll and to whom the application relates; (g) in the case of a former solicitor whose name has been removed from the roll, a direction prohibiting the restoration of his name to the roll except by order of the Tribunal; (h) in the case of an application under subsection (1)(f), the restoration of the applicant’s name to the roll; (i) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable.

• (3) In subsection (2A) for the words “(2)(bb)" there shall be substituted “ (2)(d)" ”.

• (4) After subsection (3) there shall be inserted—

(3A) Where, on the hearing of any application or complaint under this Act, the Tribunal is satisfied that more than one allegation is proved against the person to whom the application or complaint relates it may impose a separate penalty (by virtue of subsection (2)(c)) with respect to each such allegation.

• (5) In section 48(2) of that Act (recording and publishing of orders of the Tribunal)—

• (a) for the words “(a) to (e)" there shall be substituted “ (a) to (i)" ”;

• (b) in paragraph (a) after the word “solicitor" there shall be inserted “ or former solicitor" ”;

• (c) in paragraph (b) for the words “paragraph (d) or (e) of that subsection" there shall be substituted “ paragraph (e), (f), (h) or (i) of section 47(2)" ”.

• (6) In section 49(1)(a) of that Act (appeal from Tribunal to the Master of the Rolls) for the words “47(1)(b)" there shall be substituted “ 47(1)(d), (e) or (f)" ”.

Redress for inadequate professional services

93

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

Solicitors charged with or convicted of fraud or serious crime

94

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

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

• (3) After section 13A of that Act there shall be inserted the following section—

(13B) (1) Where— (a) a solicitor has been convicted of— (i) an offence involving dishonesty or deception; or (ii) a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984); and (b) the Society has made an application to the Tribunal under section 47 with respect to him, the Society may direct that any practising certificate of his which is for the time being in force be suspended. (2) Any such suspension shall be for such period, not exceeding six months, as the Society shall specify in the direction. (3) If, before the specified period expires— (a) the Tribunal determines the Society’s application; (b) the conviction is quashed or set aside; or (c) the Society withdraws its application to the Tribunal, the suspension shall cease to have effect. (4) Where the specified period comes to an end without any of the events mentioned in subsection (3) having occurred, the Society may direct that the suspension be continued for such period, not exceeding six months, as it shall specify in the direction. (5) A suspension under this section may only be extended once under subsection (4). (6) Nothing in this section is to be taken as in any way affecting the Tribunal’s power to suspend a solicitor from practice. (7) A solicitor in whose case a direction is given under subsection (1) or (4) may appeal to the Master of the Rolls against the direction within one month of being notified of it. (8) In an appeal under subsection (7), the Master of the Rolls may— (a) affirm the suspension; (b) direct that the appellant’s certificate shall not be suspended but shall have effect subject to such conditions as the Master of the Rolls thinks fit; (c) by order revoke the direction; or (d) make such other order as he thinks fit.

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

95

In section 8 of the Solicitors Act 1974 (removal or restoration of name at solicitor’s request) the following subsections shall be added at the end—

(4) An appeal from any decision of the Society under subsection (2) shall lie to the Master of the Rolls. (5) The Master of the Rolls may make regulations about appeals to him under this section.

Powers of entry etc. of local weights and measures authorities

96

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

Committees and sub-committees of the Council

97

The following section shall be substituted for section 79 of the Solicitors Act 1974 (committees of the Council)—

(79) (1) Subject to any provision to the contrary made by or under any enactment, the Council may arrange for any of its functions (other than reserved functions) to be discharged by— (a) a committee of the Council; (b) a sub-committee of such a committee; or (c) an individual (whether or not a member of the Society’s staff). (2) Where, by virtue of subsection (1)(a), any of the Council’s functions may be discharged by a committee, the committee may arrange for the discharge of any of those functions by— (a) a sub-committee of that committee; or (b) an individual (whether or not a member of the Society’s staff). (3) Where, by virtue of subsection (1) or (2), any of the Council’s functions may be discharged by a sub-committee, the sub-committee may arrange for the discharge of any of those functions by a member of the Society’s staff. (4) Subsections (2) and (3) shall have effect subject to any contrary direction given by the Council. (5) Subject to any direction given by the Council under subsection (4), subsection (3) shall have effect subject to any contrary direction given by the committee concerned. (6) Any power given by subsection (1), (2) or (3) may be exercised so as to impose restrictions or conditions on the body or individual by whom the functions concerned are to be discharged. (7) A committee of the Council, and any sub-committee of such a committee, discharging functions delegated under this section may include persons other than— (a) members of the Council;(b) members of the Society;(c) solicitors. (8) The majority of the members of any such committee or sub-committee may be persons who may be included by virtue of subsection (7). (9) The number and term of office of the members of such a committee and the number of those members necessary to form a quorum, shall be fixed by the Council. (10) Subject to any restriction or condition imposed by the Council, the number and term of office of the members of such a sub-committee and the number of those members necessary to form a quorum, shall be fixed by the committee concerned. (11) The validity of any proceedings of such a committee or sub-committee shall not be affected by any casual vacancy among its members. (12) In this section “reserved functions” means— (a) the function of making rules or regulations under section 2, 31, 32, 34, 36, or 37 or under section 9 of the Administration of Justice Act 1985 (incorporated practices); (b) the function of setting fees or financial contributions under paragraph 2(1) of Schedule 2 or section 8(2) or under paragraph 6 of Schedule 2 to the Administration of Justice Act 1985.

Agreements with solicitors for payment by hourly rates

98

• (1) Section 57 of the Solicitors Act 1974 (non-contentious business agreements) shall be amended in accordance with subsections (2) to (4).

• (2) In subsection (2) (method of payment which may be agreed), after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.

• (3) In subsection (4), for the words “Subject to subsection (5)" there shall be substituted “ Subject to subsections (5) and (7)" ”.

• (4) After subsection (5) there shall be inserted the following subsections—

(6) Subsection (7) applies where the agreement provides for the remuneration of the solicitor to be by reference to an hourly rate. (7) If, on the taxation of any costs, the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into— (a) the number of hours worked by the solicitor; and (b) whether the number of hours worked by him was excessive.

• (5) In section 59(1) of the Act of 1974 (method of payment which may be agreed in contentious business agreement) after the words “gross sum" there shall be inserted “ or by reference to an hourly rate" ”.

• (6) In section 60(1) of the Act of 1974 (which among other things provides for section 69 of that Act not to apply to contentious business agreements), after the word “or" there shall be inserted “ (except in the case of an agreement which provides for the solicitor to be remunerated by reference to an hourly rate)" ”.

• (7) In section 61 of the Act of 1974 (enforcement of contentious business agreements), the following subsections shall be inserted after subsection (4)—

(4A) Subsection (4B) applies where a contentious business agreement provides for the remuneration of the solicitor to be by reference to an hourly rate. (4B) If on the taxation of any costs the agreement is relied on by the solicitor and the client objects to the amount of the costs (but is not alleging that the agreement is unfair or unreasonable), the taxing officer may enquire into— (a) the number of hours worked by the solicitor; and (b) whether the number of hours worked by him was excessive.

Part V — Arbitration

Arbitration by official referee

99

Specific powers of arbitrator exercisable by High Court

100

After section 43 of the Senior Courts Act 1981 there shall be inserted the following section—

(43A) In any cause or matter proceeding in the High Court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the High Court may, if all parties to the agreement agree, exercise any such powers.

Power of parties in certain cases to fill vacancy

101

Want of prosecution

102

Repeal of High Court’s power to order discovery etc

103

Part VI — Miscellaneous and Supplemental

Tying-in

Tying-in arrangements in connection with residential property loans

104

• (1) In this section and sections 105 and 106 “residential property loan” means any loan which—

• (a) is secured on land in the United Kingdom; and

• (b) is made to an individual in respect of the acquisition of land which is for his residential use or the residential use of a dependant of his.

• (2) No person (“the lender") shall provide a residential property loan together with one or more controlled services to another person (“the borrower") unless the conditions mentioned in subsection (3) are complied with before a relevant step is taken with respect to any of those services or the loan.

• (3) The conditions are that the lender—

• (a) informs the borrower by notice that the residential property loan, and each of the controlled services in question, are separate services;

• (b) informs the borrower by notice whether the terms and conditions of the residential property loan will be capable of being varied by the lender after it is made;

• (c) provides the borrower with a statement of—

• (i) the price which will be payable by the borrower for each of the controlled services if they are all provided in accordance with the terms proposed by the lender; and

• (ii) the extent to which (if at all) the terms and conditions of the residential property loan would differ if it were to be provided by the lender without the controlled services in question being provided by the lender; and

• (d) informs the borrower by notice that, if the borrower declines to take from the lender any of the controlled services in question, the lender will not on that account refuse to provide the residential property loan.

• (4) A person who—

• (a) in the course of his business provides, or makes arrangements for the provision of, controlled services together with residential property loans; and

• (b) advertises or in any other manner promotes—

• (i) the provision of any controlled service or any residential property loan; or

• (ii) the making by him of any such arrangements,

shall comply with such requirements as to the information to be given, or which may not be given, in any such advertisement or promotion as the Secretary of State may by regulations impose.

Tying-in arrangements: supplemental provisions

105

• (1) In section 104, this section and section 106 “controlled services” means any services of a description prescribed by order made by the Secretary of State.

• (2) The order may, in particular, prescribe any description of—

• (a) banking, insurance, investment, trusteeship, executorship or other financial services;

• (b) services relating to the acquisition, valuation, surveying or disposal of property;

• (c) conveyancing services; or

• (d) removal services.

• (3) For the purposes of section 104(1), the Secretary of State may by order specify—

• (a) the circumstances in which land is to be treated as being for a person’s residential use; and

• (b) who are to be treated as a person’s dependants.

• (4) Section 104(2) shall not apply in relation to the provision of a controlled service if the lender proves—

• (a) that the provision of that service was not connected with the transaction in respect of which the borrower required the residential property loan in question; or

• (b) where it was so connected, that the lender did not know, and had no reasonable cause to know, that it was.

• (5) For the purposes of section 104, this section and section 106—

• (a) where the lender is a member of a group of companies, the lender and all the other members of the group shall be treated as one; and

• (b) where the lender derives any financial benefit from the provision of a controlled service by any other person, the lender shall be treated as providing that service.

• (6) In subsection (5), “a group of companies” means a holding company and its subsidiaries within the meaning of section 1159 of the Companies Act 2006.

• (7) The Secretary of State may by order provide that, in such cases or for such purposes as may be prescribed by the order, paragraph (a) or (b) of subsection (5) shall not have effect.

• (8) For the purposes of section 104—

• “notice” means a notice in writing given in the form prescribed by regulations made by the Secretary of State;

• “price” shall have the meaning given by order made by the Secretary of State;

• “relevant step”, in relation to any controlled service or residential property loan, means such step as may be prescribed by order made by the Secretary of State in relation to that service or loan (taken by such person as may be so prescribed); and

• “statement” means a statement in writing given in the form prescribed by regulations made by the Secretary of State.

• (9) In relation to land in Scotland—

• (a) “conveyancing services” has the same meaning as in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and

• (b) the reference in section 104(1) to a loan being secured on land shall be read as a reference to its being secured over land by a standard security.

• (10) Before making any order or regulations under section 104 or this section the Secretary of State shall consult the FCA and such other persons as he considers appropriate.

Tying-in: offences

106

• (1) If any person contravenes section 104(2) or (4) he shall be guilty of an offence.

• (2) Subsection (3) applies where—

• (a) a person (“the lender") has, in relation to the proposed provision to any person (“the borrower") of a residential property loan together with one or more controlled services, complied with the conditions mentioned in section 104(3); and

• (b) the borrower has declined to take from the lender one or more of the controlled services.

• (3) The lender shall be guilty of an offence if he refuses to provide the borrower with the residential property loan or refuses to provide it to him—

• (a) on the terms applicable if it were provided together with the controlled services; or

• (b) where they differ, on terms which are compatible with the statement required by section 104(3)(c)(ii),

unless he proves that his reason for so refusing was unconnected with the borrower’s having declined as mentioned in subsection (2)(b).

• (4) Any person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; and

• (b) on conviction on indictment, to a fine.

• (5) Subsection (6) applies where an offence under this section is committed by a body corporate.

• (6) If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—

• (a) any director, secretary or other similar officer of the body corporate; or

• (b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

• (7) The fact that a person has committed an offence under this section in connection with any agreement shall not make the agreement void, or unenforceable (whether as a whole or in part) or otherwise affect its validity or give rise to any cause of action for breach of statutory duty.

Tying-in: enforcement

107

• (1) Every local weights and measures authority (“an authority") and the FCA shall have the duty of enforcing sections 104 to 106 and any regulations made under them.

• (2) Nothing in subsection (1) is to be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.

• (3) Where an authority propose to institute proceedings for an offence under section 106 they shall give the FCA notice of the intended proceedings together with a summary of the facts on which the charges are to be founded.

• (4) Where an authority are under a duty to give such a notice and summary they shall not institute the proceedings until—

• (a) the end of the period of 28 days beginning with the date on which they gave the required notice and summary; or

• (b) if earlier, the date on which the FCA notifies them of receipt of the notice and summary.

• (5) Every authority shall, whenever the FCA requires, report to it in such form and with such particulars as it requires on the exercise of their functions under this section.

• (6) A duly authorised officer of the FCA or of an authority (“an authorised officer") who has reasonable cause to suspect that an offence may have been committed under section 106 may, at any reasonable time—

• (a) enter any premises which are not used solely as a dwelling;

• (b) require any officer, agent or other competent person on the premises who is, or may be, in possession of information relevant to an investigation in connection with the provision made by section 104 or 105 to provide such information;

• (c) require the production of any document which may be relevant to such an investigation;

• (d) take copies, or extracts, of any such documents;

• (e) seize and retain any document which he has reason to believe may be required as evidence in proceedings for an offence under section 106.

• (7) Any authorised officer exercising any power given by subsection (6) shall, if asked to do so, produce evidence that he is such an officer.

• (8) A justice of the peace may issue a warrant under this section if satisfied, on information on oath given by an authorised officer, that there is reasonable cause to believe that an offence may have been committed under section 106 and that—

• (a) entry to the premises concerned, or production of any documents which may be relevant to an investigation in connection with the provision made by section 104 or 105, has been or is likely to be refused to the authorised officer; or

• (b) there is reasonable cause to believe that, if production of any such document were to be required by the authorised officer without a warrant having been issued under this section, the document would not be produced but would be removed from the premises or hidden, tampered with or destroyed.

• (9) In the application of this section to Scotland, “justice of the peace” includes a sheriff and “information on oath” shall be read as “evidence on oath”.

• (10) A warrant issued under this section shall authorise the authorised officer (accompanied, where he considers it appropriate, by a constable or any other person)—

• (a) to enter the premises specified in the information, using such force as is reasonably necessary; and

• (b) to exercise any of the powers given to the authorised officer by subsection (6).

• (11) If a person—

• (a) intentionally obstructs an authorised officer in the exercise of any power under this section;

• (b) intentionally fails to comply with any requirement properly imposed on him by an authorised officer in the exercise of any such power;

• (c) fails, without reasonable excuse, to give to an authorised officer any assistance or information which he may reasonably require of him for the purpose of exercising any such power; or

• (d) in giving to an authorised officer any information which he has been required to give to an authorised officer exercising any such power, makes any statement which he knows to be false or misleading in a material particular,

he shall be guilty of an offence.

• (12) A person guilty of an offence under subsection (11)(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (13) A person guilty of an offence under subsection (11)(d) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (14) Nothing in this section shall be taken to require any person to answer any question put to him by an authorised officer, or to give any information to an authorised officer, if to do so might incriminate him.

• (15) In this section “document” includes information recorded in any form.

• (16) In relation to information recorded otherwise than in legible form, references in this section to its production include references to producing a copy of the information in legible form.

• (17) The functions of the FCA under this section are to be treated for the purposes of the Financial Services and Markets Act 2000 as functions conferred on the FCA by or under that Act.

Miscellaneous

Liability of magistrates for damages and costs

108

Liability of resident magistrates etc. in Northern Ireland for damages and costs

109

• (1) The Magistrates’ Courts (Northern Ireland) Order 1981 shall be amended as follows.

• (2) For Articles 5 and 6 (general immunity of resident magistrates etc.) there shall be substituted the following Articles—

(5) No action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his— (a) in the execution of his duty— (i) as such a magistrate or justice; or (ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; and (b) with respect to any matter within his jurisdiction. (6) An action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his— (a) in the purported exercise of his duty— (i) as such a magistrate or justice; or (ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; but (b) with respect to a matter which is not within his jurisdiction, if, but only if, it is proved that he acted in bad faith.

• (3) After Article 145 there shall be inserted the following Article—

(145A) Articles 5, 6 and 10 shall apply in relation to a county court judge sitting in connection with an appeal under this Part as they apply in relation to a resident magistrate.

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

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

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

Jurisdiction of the Parliamentary Commissioner for Administration

110

• (1) In section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation), the following subsection shall be added at the end—

(6) For the purposes of this section, administrative functions exercisable by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of the Lord Chancellor’s Department or, in Northern Ireland, of the Northern Ireland Court Service.

• (2) In Schedule 3 to that Act (matters not subject to investigation), the following paragraph shall be inserted after paragraph 6—

(6A) Action taken by any person appointed by the Lord Chancellor as a member of the administrative staff of any court or tribunal, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.

Costs against legal representatives etc. in criminal proceedings

111

The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—

(19A) (1) In any criminal proceedings— (a) the Court of Appeal; (b) the Crown Court; or (c) a magistrates’ court, may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations. (2) Regulations shall provide that a legal or other representative against whom action is taken by a magistrates’ court under subsection (1) may appeal to the Crown Court and that a legal or other representative against whom action is taken by the Crown Court under subsection (1) may appeal to the Court of Appeal. (3) In this section— “legal or other representative”, in relation to any proceedings, means a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings; “regulations” means regulations made by the Lord Chancellor; and “wasted costs” means any costs incurred by a party— (a) as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

Costs against legal representatives in magistrates' courts

112

The following section shall be inserted in the Magistrates’ Courts Act 1980 after section 145 (which contains supplementary provisions about rules of court)—

(145A) (1) In any civil proceedings, a magistrates’ court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules. (2) In subsection (1), “wasted costs” means any costs incurred by a party— (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. (3) In this section “legal or other representative”, in relation to any proceedings, means any person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings. (4) Rules made by virtue of this section may, in particular, make provision as to the destination of any payment required to be made under the rules (including provision for the reimbursement of sums paid by the Legal Aid Board). (5) Rules made by virtue of this section— (a) shall require a magistrates’ court which proposes to act under the rules against a legal or other representative to allow him a reasonable opportunity to appear before it and show cause why it should not do so; (b) shall provide that action may be taken under the rules either on the application of any party to the proceedings or on the motion of the court; (c) shall provide that no such action shall be taken after the end of the period of six months beginning with the date on which the proceedings are disposed of by the court; and (d) shall provide that a legal or other representative against whom action is taken under the rules may appeal to the Crown Court.

Administration of oaths and taking of affidavits

113

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

Bail applications

114

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

Law reports

115

A report of a case made by a person who is not a barrister but who is a solicitor or has a Senior Courts qualification (within the meaning of section 71) shall have the same authority as if it had been made by a barrister.

Provision with respect to the Children Act 1989

116

• (1) The provisions of Part I of Schedule 16 shall have effect for the purpose of making amendments to the or to provisions of other enactments amended by that Act.

• (2) Part II of Schedule 16 shall have effect for the purpose of making further provision consequential on the Act of 1989.

• (3) The general rule making power of any authority having power to make rules of court for Northern Ireland shall include power to make any provision which may be made under section 93 of the Act of 1989 (rules of court) subject to the modifications that in subsection (2)—

• (a) paragraphs (e) and (i) shall be omitted; and

• (b) in paragraphs (f) and (g) the references to England and Wales shall be read as references to Northern Ireland.

Extension of powers of justices' clerks

117

Functions of Treasury

118

• (1) The Judicial Pensions Act 1981 shall have effect subject to the following amendments (which reflect the transfer of functions from the Minister of the Civil Service to the Treasury effected by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981).

• (2) In section 10(1), and paragraph 23(2) of Schedule 1, for the words “the Minister for the Civil Service" there shall be substituted “ the Treasury ”.

• (3) In section 29, for the words “the Minister for the Civil Service or any other Minister" there shall be substituted “ the Treasury or any Minister of the Crown ”.

• (4) In the following provisions—

• (a) sections 3(4), 5(6), 7(5), 8(1), 11(a) and (b), 12(5), 13(4)(b), 15, 18(2), 20(4), 21(5), 22(1), 23(4), 25(1)(a) and 32(2);

• (b) paragraphs 4(1)(b)(ii), 8, 10(2), 14(2), 15(2),(5) and (7), 17, 20(1) and (2) and 22 of Schedule 1; and

• (c) paragraph 2(2) of Schedule 2,

for the words “the Minister", wherever they occur, there shall be substituted “ the Treasury ”.

• (5) In section 21(4), for the words “the Minister may, if he" there shall be substituted “ the Treasury may, if it ”.

• (6) In section 22(4)—

• (a) for the “Minister", where it first occurs, there shall be substituted “ Treasury ”; and

• (b) for the words from “if the Minister" to “he thinks fit" there shall be substituted “ if the Treasury does specially so direct, it may, if it thinks fit ”.

• (7) In Schedule 1—

• (a) in paragraph 8(2), for the words “to him" there shall be substituted “ to it ”;

• (b) in paragraph 15(7), for the words “he is satisfied" there shall be substituted “ it is satisfied ”;

• (c) in paragraph 17(1), for the words “he shall" there shall be substituted “ it shall ”; and

• (d) in paragraph 21, for the word “Minister", where it first occurs, there shall be substituted “ Treasury ” and for the words “he thinks" there shall be substituted “ it thinks ”.

• (8) In section 33, the definition of “the Minister" shall be omitted.

Supplemental

Interpretation

119

• (1) In this Act—

• “administration”, in relation to letters of administration, has the same meaning as in section 128 of the Senior Courts Act 1981;

• “advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

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

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

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

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

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

• “conveyancing services” means the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land;

• “court” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);

• “designated judge” means the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court;

• “the FCA” means the Financial Conduct Authority;

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

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

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

• “licensed CLC practitioner” has the meaning given in section 53;

• “licensed conveyancer” has the same meaning as it has in the Administration of Justice Act 1985 by virtue of section 11 of that Act;

• “litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings, to provide;

• “member”, in relation to any professional or other body (other than any body established by this Act), includes any person who is not a member of that body but who may be subject to disciplinary sanctions for failure to comply with any of that body’s rules;

• “multi-national partnership” has the meaning given by section 89(9);

• “officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;

• ...

• “probate services” means the drawing or preparation of any papers on which to found or oppose a grant of probate or a grant of letters of administration and the administration of the estate of a deceased person;

• “prescribed” means prescribed by regulations under this Act;

• “proceedings” means proceedings in any court;

• “qualification regulations” and “conduct rules”, in relation to a body, have the same meaning as in the Legal Services Act 2007 (see section 21 of that Act);

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

• “registered foreign lawyer” has the meaning given by section 89(9);

• “right of audience” means the right to appear before and address a court including the right to call and examine witnesses;

• “right to conduct litigation” means the right—to issue proceedings before any court in England and Wales;to commence, prosecute and defend such proceedings; andto perform any ancillary functions in relation to proceedings (such as entering appearances to actions);

• “solicitor” means solicitor of the Senior Courts; and

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

• (2) For the purposes of the definition of “conveyancing services” in subsection (1)—

• “disposition”—does not include a testamentary disposition or any disposition in the case of such a lease as is referred to in section 54(2) of the Law of Property Act 1925 (short leases); butsubject to that, includes in the case of leases both their grant and their assignment; and

• “acquisition” has a corresponding meaning.

• (3) In this Act any reference to conduct rules includes a reference to practice rules (within the meaning of the Legal Services Act 2007 (see section 21 of that Act))..

Regulations and orders

120

• (1) Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.

• (2) Any such regulations or order may make different provision for different cases or classes of case.

• (3) Any such regulations or order may contain such incidental, supplemental or transitional provisions or savings as the person making the regulations or order considers expedient.

• (4) No instrument shall be made under section ..., ..., ..., 58(4), (4A) or (4B), 58AA(4) 60, 89(5) or (7), 125(4) ... or paragraph 9(c) of Schedule 14 unless a draft of the instrument has been approved by both Houses of Parliament.

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

• (6) Any other statutory instrument made under this Act other than one under section 124(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Financial provisions

121

Any expenses incurred by the Lord Chancellor under this Act shall be payable out of money provided by Parliament.

Power to make corresponding provision for Northern Ireland

122

An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement—

• (a) that it amends the law in Northern Ireland with respect to —

• (i) the pensions of county court judges and resident magistrates, and

• (ii) pensions in relation to which provisions of the Judicial Pensions Act (Northern Ireland) 1951 apply; and

• (b) that it is made only for purposes corresponding to those of—

• (i) sections 79 to 83 and Schedules 12 and 13 and such other provisions of this Act as are consequential on those sections and those Schedules;

• (ii) section 118,

shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament) but shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

123

• (1) The following provisions of this Act extend to Scotland—

• (a) section 65;

• (b) section 71(2), so far as necessary;

• (c) sections 79 to 83;

• (d) sections 104 to 107;

• (e) section 116, this section and sections 124 and 125, so far as necessary;

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

• (g) paragraph 8 of Schedule 3;

• (h) paragraph 11 of Schedule 5;

• (i) Schedule 10, so far as it amends any enactment extending to Scotland;

• (j) paragraphs 5, 34 to 36, 39, 41 and 42 of Schedule 16;

• (k) paragraph 1 of Schedule 17; and

• (l) Schedule 20, so far as it repeals any enactment extending to Scotland.

• (2) The following provisions of this Act extend to Northern Ireland—

• (a) section 8;

• (b) section 71(2), so far as necessary;

• (c) sections 79(1) and 80 to 84;

• (d) sections 109, 110, 116, 118, 121, 122, this section and sections 124 and 125 so far as necessary;

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

• (f) paragraph 8 of Schedule 3;

• (g) paragraph 11 of Schedule 5;

• (h) Schedule 10, so far as it amends any enactment extending to Northern Ireland;

• (i) Schedule 13;

• (j) paragraphs 5, 25, 33, 35, 39 and 41 of Schedule 16;

• (k) Schedules 17, 18 and 19, so far as they amend or relate to any enactment extending to Northern Ireland;

• (l) Schedule 20 so far as it repeals any such enactment.

Commencement

124

• (1) The following provisions come into force on the passing of this Act—

• (a) sections 1, 5, 119 to 123, this section and section 125(1); and

• (b) paragraphs 2 and 3 of Schedule 17.

• (2) The following provisions come into force at the end of the period of two months beginning on the day on which this Act is passed—

• (a) sections 6, 8, 11, 16, 64, 65, 72, 73, 85, 87 and 88, 90 to 92, 94 to 97, 98 and 108 to 110;

• (b) paragraphs 1, 11, 12, 16 and 20 of Schedule 17;

• (c) paragraphs 7, 8, 14 to 16, 55 and 57 of Schedule 18; and

• (d) paragraph 1 of Schedule 19.

• (3) The other provisions of this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or by the Secretary of State or by both, acting jointly.

• (4) Different dates may be appointed for different provisions of this Act and for different purposes.

Short title, minor and consequential amendments, transitionals and repeals

125

• (1) This Act may be cited as the Courts and Legal Services Act 1990.

• (2) The minor amendments set out in Schedule 17 shall have effect.

• (3) The consequential amendments set out in Schedule 18 shall have effect.

• (4) The Lord Chancellor may by order make such amendments or repeals in relevant enactments as appear to him to be necessary or expedient in consequence of any provision made by Part II with respect to advocacy, litigation, conveyancing or probate services.

• (5) In subsection (4)—

• (a) “relevant enactments” means such enactments or instruments passed or made before or in the same Session as the Legal Services Act 2007 was passed as may be specified in the order, and

• (b) the reference to Part 2 is a reference to that Part as amended by that Act or any enactment or instruments passed or made before or in the same Session as that Act was passed.

• (6) The transitional provisions and savings set out in Schedule 19 shall have effect.

• (7) The repeals set out in Schedule 20 (which include repeals of certain enactments that are spent or of no further practical utility) shall have effect.

SCHEDULE 1

Appointment of members

1

• (1) Every member of the Advisory Committee—

• (a) shall be appointed for such term, not exceeding five years, as the Lord Chancellor may specify; and

• (b) shall hold and vacate office in accordance with the terms of his appointment.

• (2) Any person who ceases to be a member of the Advisory Committee shall be eligible for re-appointment.

• (3) A member of the Advisory Committee may at any time resign his office by giving notice in writing to the Lord Chancellor.

• (4) The Lord Chancellor may remove a member of the Advisory Committee if satisfied—

• (a) that he has been absent from meetings of the Advisory Committee for a period of more than six consecutive months without the permission of the Advisory Committee;

• (b) that a bankruptcy order has been made against him or that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

• (c) that he is otherwise unable or unfit to discharge the functions of a member of the Advisory Committee.

Proceedings of the Advisory Committee

2

The Advisory Committee may regulate its own procedure.

Delegation of powers

3

• (1) Anything authorised or required by or under any enactment to be done by the Advisory Committee may be done—

• (a) by any member of the Advisory Committee, or of its staff, who has been authorised for the purpose, whether generally or specifically, by the Advisory Committee; or

• (b) by any committee or sub-committee of the Advisory Committee which has been so authorised.

• (2) Any committee or sub-committee of the Advisory Committee—

• (a) may include, as non-voting members, persons who are not members of the Advisory Committee but who are co-opted by the Advisory Committee;

• (b) shall be chaired by the Chairman of the Advisory Committee or by another member of the Advisory Committee nominated by him.

• (3) The Chairman of the Advisory Committee shall be a member of any committee or sub-committee for which he has nominated another member of the Advisory Committee to be its chairman.

Vacancies and defective appointments

4

The validity of any proceedings of the Advisory Committee shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

Application of seal and proof of instruments

5

The application of the seal of the Advisory Committee shall be authenticated by the signature of—

• (a) the Chairman or any other member of the Advisory Committee; and

• (b) a member of the Advisory Committee’s staff who has been authorised by the Advisory Committee for the purpose, whether generally or specifically.

Documents served etc. by the Advisory Committee

6

• (1) Any document which the Advisory Committee is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Advisory Committee by any person who has been authorised for the purpose, whether generally or specifically, by the Advisory Committee.

• (2) Every document purporting to be an instrument made or issued by or on behalf of the Advisory Committee and—

• (a) to be duly executed under the seal of the Advisory Committee; or

• (b) to be signed or executed by a person authorised by the Advisory Committee for the purpose,

shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is proved.

Remuneration and pensions etc.

7

• (1) The Advisory Committee shall pay—

• (a) to its members; and

• (b) to other persons who are co-opted to serve as members of any of its committees or sub-committees,

such remuneration, and such travelling and other allowances, as may be determined by the Lord Chancellor.

• (2) The Advisory Committee shall, if so required by the Lord Chancellor—

• (a) pay such pension, allowances or gratuities to or in respect of a person who has been, or is, a member of the Advisory Committee; or

• (b) make such payments towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person,

as may be determined by the Lord Chancellor.

• (3) If, when any member of the Advisory Committee ceases to hold office, the Lord Chancellor determines that there are special circumstances which make it right that that member should receive compensation, the Advisory Committee shall pay to him a sum by way of compensation of such amount as may be so determined.

• (4) The approval of the Treasury shall be required for the making of a determination under this paragraph.

Staff

8

• (1) The Advisory Committee may, with the approval of the Lord Chancellor as to terms and conditions of service, appoint such staff as it may determine.

• (2) The Advisory Committee, with the approval of the Lord Chancellor, may—

• (a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of its staff as it may determine;

• (b) make such payments as it may so determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons;

• (c) provide and maintain such schemes as it may so determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any such persons;

• (d) make such other arrangements for the provision of pensions, allowances or gratuities to or in respect of any such persons as it may so determine.

• (3) Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Advisory Committee’s staff who suffer loss of employment or loss or diminution of emoluments.

• (4) If any person—

• (a) on ceasing to be a member of the Advisory Committee’s staff becomes a member of the Advisory Committee; and

• (b) was by reference to his being a member of the Advisory Committee’s staff a participant in any pension scheme maintained by or on behalf of the Advisory Committee for the benefit of any of its staff,