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Courts and Legal Services Act 1990

1990 CHAPTER 41

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Procedure etc. in Civil Courts

    1. Allocation and transfer of business

      1. 1. Allocation of business between High Court and county courts.

      2. 2. Transfer of proceedings between courts.

    2. Remedies

      1. 3. Remedies available in county courts.

    3. Costs

      1. 4. Costs.

    4. Evidence

      1. 5. Witness statements.

      2. 6. Evidence given in arbitrations on small claims.

    5. Appeals

      1. 7. Appeals to Court of Appeal.

      2. 8. Powers of Court of Appeal to award damages.

    6. Family proceedings

      1. 9. Allocation of family proceedings which are within the jurisdiction of county courts.

      2. 10. Family proceedings in magistrates' courts and related matters.

    7. Miscellaneous

      1. 11. Representation in certain county court cases.

      2. 12. Penalty for failure to warn that hearing will not be attended.

      3. 13. Administration orders.

      4. 14. Assessors.

      5. 15. Enforcement.

      6. 16. County court rules.

  2. Part II

    Legal Services

    1. Introductory

      1. 17. The statutory objective and the general principle.

      2. 18. The statutory duty.

    2. The Advisory Committee

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

      2. 20. Duties of the Advisory Committee.

    3. The Legal Services Ombudsman

      1. 21. The Legal Services Ombudsman.

      2. 22. Ombudsman’s functions.

      3. 23. Recommendations.

      4. 24. Advisory functions.

      5. 25. Procedure and offences.

      6. 26. Extension of Ombudsman’s remit.

    4. Rights of audience and rights to conduct litigation

      1. 27. Rights of audience.

      2. 28. Rights to conduct litigation.

      3. 29. Authorised bodies: designation and approval of regulations and rules.

      4. 30. Revocation of authorised body’s designation.

      5. 31. The General Council of the Bar.

      6. 32. The Law Society: rights of audience.

      7. 33. The Law Society: rights to conduct litigation.

    5. Extension of conveyancing services

      1. 34. The Authorised Conveyancing Practitioners Board.

      2. 35. Functions of the Board and financial provisions.

      3. 36. Provision of conveyancing services by authorised practitioners.

      4. 37. Authorisation of practitioners.

      5. 38. Refusal of approval and imposition of conditions.

      6. 39. Revocation and suspension of authorisation.

      7. 40. Regulations about competence and conduct etc. of authorised practitioners.

      8. 41. The Conveyancing Appeal Tribunals.

      9. 42. Appeals from Tribunals on points of law.

      10. 43. The Conveyancing Ombudsman Scheme.

      11. 44. Compensation scheme.

      12. 45. Advisory and supervisory functions of Director General of Fair Trading.

      13. 46. Investigatory powers of Director.

      14. 47. Power to obtain information and require production of documents.

      15. 48. Investigations on behalf of Board.

      16. 49. Restrictions on disclosure of information.

      17. 50. Exceptions from restrictions on disclosure.

      18. 51. Board’s intervention powers.

      19. 52. Board’s intervention powers: supplemental provisions.

    6. Licensed conveyancers

      1. 53. The Council for Licensed Conveyancers.

    7. Probate services

      1. 54. Preparation of papers for probate etc.

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

      3. 56. Administration of oaths etc. by justices in certain probate business.

    8. Notaries

      1. 57. Notaries.

    9. Miscellaneous

      1. 58. Conditional fee agreements.

      2. 59. Representation under the Legal Aid Act 1988.

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

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

      5. 62. Immunity of advocates from actions in negligence and for breach of contract.

      6. 63. Legal professional privilege.

      7. 64. Discrimination by, or in relation to, barristers.

      8. 65. Discrimination by, or in relation to, advocates.

      9. 66. Multi-disciplinary and multi-national practices.

      10. 67. Rights of audience for solicitors in certain Crown Court centres.

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

      12. 69. Exemption from liability for damages etc.

    10. Offences

      1. 70. Offences.

  3. Part III

    Judicial and Other Offices and Judicial Pensions

    1. Judicial appointments

      1. 71. Qualification for judicial and certain other appointments.

    2. Judges

      1. 72. Presiding Judges.

      2. 73. Delegation of certain administrative functions of Master of the Rolls.

      3. 74. District Judges.

      4. 75. Judges etc. barred from legal practice.

      5. 76. Judicial oaths.

    3. Supreme Court Officers

      1. 77. Age for retirement of certain Supreme Court officers.

      2. 78. Registrar of Criminal Appeals.

    4. Judicial pensions

      1. 79. Widowers' pensions.

      2. 80. Widows' and widowers' pensions: supplemental.

      3. 81. Transfer of accrued rights to and from judicial pension schemes.

      4. 82. Voluntary contributions.

      5. 83. Period of service to qualify for certain superannuation benefits.

      6. 84. Abolition of abatement of salary rule for judges etc.

  4. Part IV

    Solicitors

    1. 85. Practising certificates for employed solicitors.

    2. 86. Commencement, expiry and replacement of practising certificates.

    3. 87. Fees payable on issue of practising certificates.

    4. 88. Additional fee payable by certain solicitors on applying for practising certificates.

    5. 89. Foreign lawyers: recognised bodies and partnerships with solicitors.

    6. 90. The Compensation Fund: incorporated practices.

    7. 91. Power of Law Society to intervene in solicitors' practices.

    8. 92. Functions of the Solicitors Disciplinary Tribunal.

    9. 93. Redress for inadequate professional services.

    10. 94. Solicitors charged with or convicted of fraud or serious crime.

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

    12. 96. Powers of entry etc. of local weights and measures authorities.

    13. 97. Committees and sub-committees of the Council.

    14. 98. Agreements with solicitors for payment by hourly rates.

  5. Part V

    Arbitration

    1. 99. Arbitration by official referee.

    2. 100. Specific powers of arbitrator exercisable by High Court.

    3. 101. Power of parties in certain cases to fill vacancy.

    4. 102. Want of prosecution.

    5. 103. Repeal of High Court’s power to order discovery etc.

  6. Part VI

    Miscellaneous And Supplemental

    1. Tying-in

      1. 104. Tying-in arrangements in connection with residential property loans.

      2. 105. Tying-in arrangements: supplemental provisions.

      3. 106. Tying-in: offences.

      4. 107. Tying-in: enforcement.

    2. Miscellaneous

      1. 108. Liability of magistrates for damages and costs.

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

      3. 110. Jurisdiction of the Parliamentary Commissioner for Administration.

      4. 111. Costs against legal representatives etc. in criminal proceedings.

      5. 112. Costs against legal representatives in magistrates' courts.

      6. 113. Administration of oaths and taking of affidavits.

      7. 114. Bail applications.

      8. 115. Law reports.

      9. 116. Provision with respect to the Children Act 1989.

      10. 117. Extension of powers of justices' clerks.

      11. 118. Functions of Treasury.

    3. Supplemental

      1. 119. Interpretation.

      2. 120. Regulations and orders.

      3. 121. Financial provisions.

      4. 122. Power to make corresponding provision for Northern Ireland.

      5. 123. Extent.

      6. 124. Commencement.

      7. 125. Short title, minor and consequential amendments, transitionals and repeals.

    1. Schedule 1

      The Advisory Committee.

    2. Schedule 2

      Specific functions of the Advisory Committee.

    3. Schedule 3

      The Legal Services Ombudsman.

    4. Schedule 4

      Authorisation and approval.

      1. Part I

        Authorisation of bodies.

      2. Part II

        Approval required by Section 29.

      3. Part III

        Revocation of designation of authorised body.

    5. Schedule 5

      The Authorised Conveyancing Practitioners Board.

    6. Schedule 6

      The Conveyancing Appeal Tribunals.

    7. Schedule 7

      The Conveyancing Ombudsman Scheme.

    8. Schedule 8

      Licensed Conveyancers.

      1. Part I

        Additional powers of Council for Licensed Conveyancers.

      2. Part II

        Amendments of provisions relating to powers of Council etc.

    9. Schedule 9

      Probate.

    10. Schedule 10

      Judicial and other appointments.

    11. Schedule 11

      Judges etc. barred from legal practice.

    12. Schedule 12

      Widowers' Pensions: Transitional provisions.

    13. Schedule 13

      Transfer of accrued benefits.

    14. Schedule 14

      Foreign lawyers: Partnerships and recognised bodies.

      1. Part I

        Registration.

      2. Part II

        Registered foreign lawyers: supplementary provisions.

    15. Schedule 15

      Inadequate professional services.

    16. Schedule 16

      Children Act 1989.

      1. Part I

        Amendment of Act and other enactments affected.

      2. Part II

        Further consequential amendments.

    17. Schedule 17

      Minor amendments.

    18. Schedule 18

      Consequential amendments.

    19. Schedule 19

      Transitionals and savings.

    20. Schedule 20

      Repeals.

An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to legal services; to establish a body to be known as the Lord Chancellor’s Advisory Committee on Legal Education and Conduct and a body to be known as the Authorised Conveyancing Practitioners Board; to provide for the appointment of a Legal Services Ombudsman; to make provision for the establishment of a Conveyancing Ombudsman Scheme; to provide for the establishment of Conveyancing Appeal Tribunals; to amend the law relating to judicial and related pensions and judicial and other appointments; to make provision with respect to certain officers of the Supreme Court; to amend the Solicitors Act 1974; to amend the Arbitration Act 1950; to make provision with respect to certain loans in respect of residential property; to make provision with respect to the jurisdiction of the Parliamentary Commissioner for Administration in connection with the functions of court staff; to amend the Children Act 1989 and make further provision in connection with that Act; and for connected purposes.

[1st November 1990]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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