Courts and Legal Services Act 1990
Courts and Legal Services Act 1990 (1990 c. 41)
- Courts and Legal Services Act 1990 (1990 c. 41)
- Part I Procedure etc. in Civil Courts
- Allocation and transfer of business
- 1 Allocation of business between High Court, family court and county court.
- 2 Transfer of proceedings between courts.
- Remedies
- 3 Remedies available in county courts.
- Costs
- 4 Costs.
- Evidence
- 5 Witness statements.
- 6 Evidence given in arbitrations on small claims.
- Appeals
- 7 Appeals to Court of Appeal.
- 8 Powers of Court of Appeal to award damages.
- Family proceedings
- 9 Allocation of family proceedings which are within the jurisdiction of county courts.
- 10 Family proceedings in magistrates’ courts and related matters.
- Miscellaneous
- 11 Representation in certain county court and family court cases.
- 12 Penalty for failure to warn that hearing will not be attended.
- 13 Administration orders.
- 14 Assessors.
- 15 Enforcement.
- 16 County court rules.
- Part II Legal Services
- Introductory
- 17 The statutory objective and the general principle.
- 18 The statutory duty.
- The Legal Services Consultative Panel
- 18A The Consultative Panel.
- . . .
- 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- The Legal Services Ombudsman
- 21 The Legal Services Ombudsman.
- 22 Ombudsman’s functions.
- 23 Recommendations and orders.
- 24 Advisory functions.
- 25 Procedure and offences.
- 26 Extension of Ombudsman’s remit.
- Rights of audience and rights to conduct litigation
- 27 Rights of audience.
- 28 Rights to conduct litigation.
- 29 Authorised bodies.
- 30 Revocation of authorised body’s designation.
- 31 Barristers and solicitors.
- 31A Employed advocates.
- 31B Advocates and litigators employed by Lord Chancellor .
- 31C Change of authorised body.
- 32 The Law Society: rights of audience.
- 33 The Law Society: rights to conduct litigation.
- Extension of conveyancing services
- 34 The Authorised Conveyancing Practitioners Board.
- 35 Functions of the Board and financial provisions.
- 36 Provision of conveyancing services by authorised practitioners.
- 37 Authorisation of practitioners.
- 38 Refusal of approval and imposition of conditions.
- 39 Revocation and suspension of authorisation.
- 40 Regulations about competence and conduct etc. of authorised practitioners.
- 41 The Conveyancing Appeal Tribunals.
- 42 Appeals from Tribunals on points of law.
- 43 The Conveyancing Ombudsman Scheme.
- 44 Compensation scheme.
- 45 Advisory and supervisory functions of Office of Fair Trading .
- 46 Investigatory powers of OFT.
- 46A Enforcement of notices under section 46
- 46B Altering, etc. documents required to be produced under section 46
- 47 Power to obtain information and require production of documents.
- 48 Investigations on behalf of the Board.
- 49 Restrictions on disclosure of information.
- 50 Exceptions from restrictions on disclosure.
- 51 Board’s intervention powers.
- 52 Board’s intervention powers: supplemental provisions.
- Licensed conveyancers and licensed CLC practitioners
- 53 The Council for Licensed Conveyancers.
- Probate services
- 54 Preparation of papers for probate etc.
- 55 Preparation of probate papers etc: exemption from section 23(1) of Solicitors Act 1974.
- 56 Administration of oaths etc. by justices in certain probate business.
- 57 Notaries
- Miscellaneous
- 58 Conditional fee agreements.
- 58A Conditional fee agreements: supplementary.
- 58AA Damages-based agreements ...
- 58B Litigation funding agreements.
- 58C Recovery of insurance premiums by way of costs
- 59 Representation under the Legal Aid Act 1988.
- 60 Regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales.
- 60A Procedural requirements relating to recommendations for the purposes of section 60
- 61 Right of barrister to enter into contract for the provision of his services.
- 62 Immunity of advocates from actions in negligence and for breach of contract.
- 63 Legal professional privilege.
- 64 Discrimination by, or in relation to, barristers.
- 65 Discrimination by, or in relation to, advocates.
- 66 Multi-disciplinary and multi-national practices.
- 67 Right of audience for solicitors in certain Crown Court centres.
- 68 Preparation of documents etc. by registered patent agents and trade mark agents.
- 69 Exemption from liability for damages etc.
- Offences
- 70 Offences.
- Part III Judicial and Other Offices and Judicial Pensions
- Judicial appointments
- 71 Qualification for judicial and certain other appointments.
- Judges
- 72 Presiding Judges.
- 73 Delegation of certain administrative functions of Master of the Rolls.
- 74 District judges.
- 75 Judges etc. barred from legal practice.
- 76 Judicial oaths.
- Senior Courts Officers
- 77 Age for retirement of certain Senior Courts officers.
- 78 Registrar of Criminal Appeals.
- Judicial pensions
- 79 Widowers’ pensions.
- 80 Widows’ and widowers’ pensions: supplemental.
- 81 Transfer of accrued rights to and from judicial pension schemes.
- 82 Voluntary contributions.
- 83 Period of service to qualify for certain superannuation benefits.
- 84 Abolition of abatement of salary rule for judges etc.
- Part IV Solicitors
- 85 Practising certificates for employed solicitors.
- 86 Commencement, expiry and replacement of practising certificates.
- 87 Fees payable on issue of practising certificates.
- 88 Additional fee payable by certain solicitors on applying for practising certificates.
- 89 Foreign lawyers: recognised bodies and partnerships with solicitors.
- 90 The Compensation Fund: incorporated practices.
- 91 Power of Law Society to intervene in solicitors’ practices.
- 92 Functions of the Solicitors Disciplinary Tribunal.
- 93 Redress for inadequate professional services.
- 94 Solicitors charged with or convicted of fraud or serious crime.
- 95 Appeals against refusal to restore solicitor’s name to roll under section 8 of the 1974 Act.
- 96 Powers of entry etc. of local weights and measures authorities.
- 97 Committees and sub-committees of the Council.
- 98 Agreements with solicitors for payment by hourly rates.
- Part V Arbitration
- 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 100 Specific powers of arbitrator exercisable by High Court.
- 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part VI Miscellaneous and Supplemental
- Tying-in
- 104 Tying-in arrangements in connection with residential property loans.
- 105 Tying-in arrangements: supplemental provisions.
- 106 Tying-in: offences.
- 107 Tying-in: enforcement.
- Miscellaneous
- 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 109 Liability of resident magistrates etc. in Northern Ireland for damages and costs.
- 110 Jurisdiction of the Parliamentary Commissioner for Administration.
- 111 Costs against legal representatives etc. in criminal proceedings.
- 112 Costs against legal representatives in magistrates’ courts.
- 113 Administration of oaths and taking of affidavits.
- 114 Bail applications.
- 115 Law reports.
- 116 Provision with respect to the Children Act 1989.
- 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 118 Functions of Treasury.
- Supplemental
- 119 Interpretation.
- 120 Regulations and orders.
- 121 Financial provisions.
- 122 Power to make corresponding provision for Northern Ireland.
- 123 Extent.
- 124 Commencement.
- 125 Short title, minor and consequential amendments, transitionals and repeals.
- SCHEDULES
- Appointment of members
- Proceedings of the Advisory Committee
- Delegation of powers
- Vacancies and defective appointments
- Application of seal and proof of instruments
- Documents served etc. by the Advisory Committee
- Remuneration and pensions etc.
- Staff
- Accounts and audit
- Grants to the Advisory Committee
- Annual report of Advisory Committee
- Immunity for advice and reports
- Parliamentary disqualification etc.
- Education and training: general
- Training in advocacy
- Training in the conduct of litigation
- Practical training in other areas
- General advisory functions
- Specialisation schemes
- Persons with special needs
- SCHEDULE 3 The Legal Services Ombudsman
- Provision for discharge of functions
- Delegation of functions
- Remuneration
- Staff
- Annual and other reports
- Accounts and audit
- Financial provisions
- Parliamentary disqualification et ceteralaetc.
- Acting Ombudsman
- Part I Authorisation of Bodies
- Part II Approval Required by Section 29
- Part III Revocation of Designation of Authorised Body
- Part I Designation of bodies and approval of regulations and rules
- Part II Approval in cases of altered regulations, rules or rights
- Part III Alteration of regulations and rules by order
- Notice to authorised body
- Representations by authorised body
- Advice of Consultative Panel
- Advice of Office of Fair Trading
- Further representations by authorised body
- Advice of designated judges
- Decision by Secretary of State
- Order effecting alterations
- Part IV Revocation of designation
- Order in Council
- Requirement to seek advice
- Advice of Consultative Panel
- Advice of Office of Fair Trading
- Notice to authorised body
- Notice to members of authorised body
- Advice of designated judges
- Consideration by Secretary of State
- The Order
- Appointment of members
- Proceedings of the Board
- Delegation of powers
- Vacancies and defective appointments
- Application of seal and proof of instruments
- Documents served etc. by the Board
- Remuneration
- Staff
- Accounts
- Annual report of Board
- Parliamentary disqualification etc.
- SCHEDULE 8 Licensed Conveyancers and Licensed CLC Practitioners
- Part I Additional Powers of Council for Licensed Conveyancers In Connection with Sections 27, 28, and 53
- General
- Qualification regulations and rules of conduct
- Applications for licences
- Issue of licences
- Conditional licences
- Register of licensed conveyancers
- Register of licensed CLC practitioners
- Code of conduct
- Effect of suspension or revocation
- Removal of disqualification from holding a licence
- Revocation on grounds of error or fraud
- Recognised bodies
- PART II Amendments of Provisions Relating to Powers of Council Etc.
- Delegation of powers etc.
- Council’s intervention powers
- Inadequate professional services
- Inadequate professional services: steps that may be taken
- Inadequate professional services: compensation
- Inadequate professional services: failure to comply with direction
- Inadequate professional services: fees
- Inadequate professional services: costs
- Duty of Discipline and Appeals Committee
- Power to examine files
- Interest on clients’ money
- Full and limited licences
- Cases in which conditions may be attached to licences
- Advice from the Advisory Committee
- Advice from the President of the Family Division
- Information to be supplied by applicant
- Approval by Secretary of State
- Refusal to approve
- Revocation of approval
- Role of the Advisory Committee
- Duty to comply with requests for information
- Notice to approved body
- Notice to members of approved body
- Consideration by Secretary of State and President
- SCHEDULE 10 Judicial and other Appointments
- Appellate Jurisdiction Act 1876 (c. 59)
- Lord of Appeal in Ordinary
- War Pensions (Administrative Provisions) Act 1919 (c. 53)
- Pensions Appeal Tribunal
- Land Registration Act 1925 (c. 21)
- District Registrar
- London Building Acts (Amendment) Act 1939 (c. xcvii)
- Pensions Appeal Tribunals Act 1943 (c. 39)
- Agriculture Act 1947 (c. 48)
- Agricultural Land Tribunal
- Lands Tribunal Act 1949 (c. 42)
- Lands Tribunal
- Wireless Telegraphy Act 1949 (c. 54)
- National Health Service (Amendment) Act 1949 (c. 93)
- Arbitration committee
- Courts-Martial Appeals Act 1951 (c. 46)
- Judge Advocate of the Fleet
- Judge Advocate General etc
- Agricultural Marketing Act 1958 (c. 47)
- Chairman of disciplinary committee
- County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
- County Court Judge
- Charities Act 1960 (c. 58)
- Charity Commissioner
- Professions Supplementary to Medicine Act 1960 (c. 66)
- Assessor to disciplinary committee
- Betting Gaming and Lotteries Act 1963 (c. 2)
- Levy Appeal Tribunal
- Ecclesiastical Jurisdiction Measure 1963 (No. 1)
- Judge of Consistory Court
- Dean of the Arches and Auditor
- Assessor for episcopal committee inquiry
- Examiner
- Plant Varieties and Seeds Act 1964 (c. 14)
- Plant Variety Rights Tribunal
- Police Act 1964 (c. 48)
- Hairdressers (Registration) Act 1964 (c. 89)
- Assessor to disciplinary committee
- City of London Courts Act 1964 (c. iv)
- The Common Serjeant
- Law Commissions Act 1965 (c. 22)
- Law Commissioner
- Commons Registration Act 1965 (c. 64)
- Commons Commissioner
- Employment Tribunal (England and Wales) Regulations 1965
- Employment tribunal (S.I. 1965/1101.)
- Veterinary Surgeons Act 1966 (c. 36)
- Assessor to disciplinary committee
- Hearing Aid Council Act 1968 (c. 50)
- Assessor to Disciplinary Committee
- Taxes Management Act 1970 (c. 9)
- Special Commissioner
- Courts Act 1971 (c. 23)
- Circuit Judge
- Recorder and Assistant Recorder
- Misuse of Drugs Act 1971 (c. 38)
- Immigration Act 1971 (c. 77)
- Immigration Appeal Tribunal
- Friendly Societies Act 1974 (c. 46)
- Assistant registrar of friendly societies
- Social Security Act 1975 (c. 14)
- Social Security Commissioner
- Social security appeal tribunal and medical appeal tribunal
- Farriers Registration Act 1975 (c. 35)
- Assessor to Disciplinary Committee
- Industry Act 1975 (c. 68)
- Arbitration Tribunal
- Aircraft and Shipbuilding Industries Act 1977 (c. 3)
- Aircraft and Shipbuilding Industries Arbitration Tribunal
- Insurance Brokers (Registration) Act 1977 (c. 46)
- Assessor to Disciplinary Committee
- National Health Service Act 1977 (c. 49)
- Nurses, Midwives and Health Visitors Act 1979 (c. 36)
- Assessors to the Central Council
- Justices of the Peace Act 1979 (c. 55)
- Stipendiary Magistrate
- Justices’ Clerk
- Social Security Act 1980 (c. 30)
- Deputy Social Security Commissioner
- Senior Courts Act 1981 (c. 54)
- Judge’s legal secretary
- Conveyancing counsel
- Master, Registrar etc
- Representation of the People Act 1983 (c. 2)
- Election Court Commissioner
- Mental Health Act 1983 (c. 20)
- Lord Chancellor’s Legal Visitor
- Value Added Tax Act 1983 (c. 55)
- VAT Tribunal
- Medical Act 1983 (c. 54)
- Legal Assessor to Committees
- Pastoral Measure 1983 (No. 1)
- Appeal Tribunal
- Merchant Shipping Act 1984 (c. 5)
- Arbitrator
- Dentists Act 1984 (c. 24)
- Assessor to committees
- County Courts Act 1984 (c. 28)
- District judges
- Data Protection Act 1984 (c. 35)
- Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
- Umpire hearing appeals from Reinstatement Committee
- Prosecution of Offences Act 1985 (c. 23)
- Director of Public Prosecutions
- Crown Prosecutors
- Interception of Communications Act 1985 (c. 56)
- Administration of Justice Act 1985 (c. 61)
- Questions of construction
- Assessor to Discipline and Appeals Committee of the Council of Licensed Conveyancers
- Transport Act 1985 (c. 67)
- Transport Tribunal
- Animals (Scientific Procedures) Act 1986 (c. 14)
- Insolvency Act 1986 (c. 45)
- Insolvency Practitioners Tribunal
- Building Societies Act 1986 (c. 53)
- Banking Act 1987 (c. 22)
- Coroners Act 1988 (c. 13)
- Coroner
- Criminal Justice Act 1988 (c. 33)
- Criminal Injuries Compensation Board
- Assessor of compensation for miscarriages of justice
- Copyright, Designs and Patents Act 1988 (c. 48)
- Copyright Tribunal
- Security Service Act 1989 (c. 5)
- Opticians Act 1989 (c. 44)
- Assessor to Disciplinary Committee
- SCHEDULE 11 Judges etc Barred from Legal Practice
- SCHEDULE 12 Widowers’ Pensions: Transitional Provisions
- SCHEDULE 13 Transfer of Accrued Benefits
- SCHEDULE 14 Foreign Lawyers: Partnerships and Recognised Bodies
- Part I Registration
- General
- Application for registration
- Duration of registration
- Evidence as to registration
- Part II Registered Foreign Lawyers:Supplementary Provisions
- Intervention in practices
- The Compensation Fund
- Contributions to the Fund
- Accountants’ reports
- Certification for purposes of investment business
- Effect of bankruptcy
- Effect of disciplinary action
- Re-instatement of disciplined foreign lawyer
- Effective date of revived registration
- Appeal against conditions or refusals
- Jurisdiction and powers of Disciplinary Tribunal
- Foreign lawyers assisting the Tribunal
- Appeals from Tribunal
- SCHEDULE 15 Inadequate Professional Services
- SCHEDULE 16 Children Act 1989
- Part I Amendment of Act and Other Enactments Affected
- The Civil Evidence Act 1968 (c. 64)
- The Family Law Reform Act 1969 (c. 46)
- The Children and Young Persons Act 1969 (c. 54)
- The Administration of Justice Act 1970 (c. 31)
- The Adoption Act 1976 (c. 36)
- The Child Care Act 1980 (c. 5)
- The Education Act 1981 (c. 60)
- The Children Act 1989 (c. 41)
- Part II Further Consequential Amendments
- The Maintenance Orders Act 1950 (c. 37)
- The Social Work (Scotland) Act 1968 (c. 49)
- The Administration of Justice Act 1970 (c. 31)
- The Attachment of Earnings Act 1971 (c. 32)
- The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
- The Magistrates’ Courts Act 1980 (c. 43)
- The Civil Jurisdiction and Judgments Act 1982 (c. 27)
- The Mental Health Act 1983 (c.20)
- SCHEDULE 17 Minor Amendments
- The Naval Agency and Distribution Act 1864 (c. 24)
- The Land Registration Act 1925 (c. 21)
- The Administration of Justice Act 1956 (c. 46)
- The Powers of Attorney Act 1971 (c. 27)
- The Attachment of Earnings Act 1971 (c. 32)
- The Juries Act 1974 (c. 23)
- The Solicitors Act 1974 (c. 47)
- The Magistrates’ Courts Act 1980 (c. 43)
- The Senior Courts Act 1981 (c. 54)
- The County Courts Act 1984 (c. 28)
- The Legal Aid Act 1988 (c. 34)
- The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)
- SCHEDULE 18 Consequential Amendments
- The Public Records Act 1958 (c. 51)
- The Tribunals and Inquiries Act 1971 (c. 62)
- The Matrimonial Causes Act 1973 (c.18)
- The Fair Trading Act 1973 (c.41)
- The Juries Act 1974 (c. 23)
- The Consumer Credit Act 1974 (c.39)
- The Solicitors Act 1974 (c. 47)
- The Restrictive Trade Practices Act 1976 (c.34)
- The Patents Act 1977 (c.37)
- The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)
- The Estate Agents Act 1979 (c.38)
- The Competition Act 1980 (c.21)
- The Social Security Act 1980 (c. 30)
- The Magistrates’ Courts Act 1980 (c.43)
- The Judicial Pensions Act 1981 (c. 20)
- The Senior Courts Act 1981 (c. 54)
- The County Courts Act 1984 (c. 28)
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- The Prosecution of Offences Act 1985 (c. 23)
- The Administration of Justice Act 1985 (c. 61)
- The Legal Aid Act 1988 (c. 34)
- SCHEDULE 19 Transitionals and Savings
- Discrimination by, or in relation to, barristers
- Judicial appointments: barristers
- Judicial appointments: solicitors
- Directions under section 83 of the Senior Courts Act 1981 (c. 54)
- District judges
- Judicial oaths
- Retirement age of certain officers of Senior Courts
- Investigations by lay observers
- Judicial pensions
- Overseas solicitors
- Practising certificates
- Notaries
- Redress for inadequate professional services
- The Council for Licensed Conveyancers
- Immunity of magistrates etc.
- Commissioners for Oaths
- SCHEDULE 20 Repeals
Feedback