Courts and Legal Services Act 1990

119 Interpretation.E+W

(1)In this Act—

• “administration”, in relation to letters of administration, has the same meaning as in section 128 of the M1Supreme Court 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;

• “authorised advocate” means any person (including a barrister or solicitor) who has a right of audience granted by an authorised body in accordance with the provisions of this Act;

• “authorised body” and “appropriate authorised body”—

(a)in relation to any right of audience or proposed right of audience, have the meanings given in section 27; and

(b)in relation to any right to conduct litigation or proposed right to conduct litigation, have the meanings given in section 28;

• “authorised litigator” means any person (including a solicitor) who has a right to conduct litigation granted by an authorised body in accordance with the provisions of this Act;

• “authorised practitioner” has the same meaning as in section 37;

• “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” includes—

(a)any tribunal which the Council on Tribunals is under a duty to keep under review;

(b)any court-martial; and

(c)a statutory inquiry within the meaning of section 19(1) of the M2Tribunals and Inquiries Act 1971;

• “designated judge” means the Lord Chief Justice, the Master of the Rolls, the President of the Family Division or the Vice-Chancellor;

• “the Director” means the Director General of Fair Trading;

• “duly certificated notary public” has the same meaning as it has in the M3Solicitors Act 1974 by virtue of section 87(1) of that Act;

• “the general principle” has the meaning given in section 17(4);

• “licensed conveyancer” has the same meaning as it has in the M4Administration 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);

• “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 “rules of conduct”—

(a)in relation to any right of audience or proposed right of audience, have the meanings given in section 27; and

(b)in relation to any right to conduct litigation or proposed right to conduct litigation, have the meanings given in section 28;

• “qualified person” has the meaning given in section 36(6);

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

• “right of audience” means the right to exercise any of the functions of appearing before and addressing a court including the calling and examining of witnesses;

• “right to conduct litigation” means the right—

(a)to exercise all or any of the functions of issuing a writ or otherwise commencing proceedings before any court; and

(b)to perform any ancillary functions in relation to proceedings (such as entering appearances to actions);

• “solicitor” means solicitor of the Supreme Court; and

• “the statutory objective” has the meaning given in section 17(2).

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

• “disposition”—

  (i)

  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 M5Law of Property Act 1925 (short leases); but

  (ii)

  subject 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 (including those in sections 27(9) and 28(5)) to rules of conduct includes a reference to rules of practice.