Access to Justice Act 1999

Part IIIU.K. Provision of legal services

Legal Services Consultative PanelU.K.

35 Replacement of ACLEC by Consultative Panel.U.K.

(1)The Lord Chancellor’s Advisory Committee on Legal Education and Conduct is abolished.

(2)In the M1Courts and Legal Services Act 1990, after section 18 insert—

“ The Legal Services Consultative PanelU.K.

18A The Consultative Panel.

(1)The Lord Chancellor shall appoint persons to form a panel to be known as the Legal Services Consultative Panel.

(2)In appointing persons to the Consultative Panel the Lord Chancellor shall have regard to the desirability of securing that the Consultative Panel includes persons who (between them) have experience in or knowledge of—

(a)the provision of legal services;

(b)the lay advice sector;

(c)civil or criminal proceedings and the working of the courts;

(d)legal education and training;

(e)the maintenance of the professional standards of persons who provide legal services;

(f)the maintenance of standards in professions other than the legal profession;

(g)consumer affairs;

(h)commercial affairs; and

(i)social conditions.

(3)The Consultative Panel shall have—

(a)the duty of assisting in the maintenance and development of standards in the education, training and conduct of persons offering legal services by considering relevant issues in accordance with a programme of work approved by the Lord Chancellor and, where the Consultative Panel considers it appropriate to do so, making recommendations to him;

(b)the duty of providing to the Lord Chancellor, at his request, advice about particular matters relating to any aspect of the provision of legal services (including the education, training and conduct of persons offering legal services); and

(c)the functions conferred or imposed on it by other provisions of this Act or any other enactment.

(4)The Consultative Panel may, in performance of the duty in subsection (3)(a), seek information from or give advice to any body or person.

(5)The Lord Chancellor shall publish—

(a)any recommendations made to him by the Consultative Panel in performance of the duty in paragraph (a) of subsection (3); and

(b)any advice provided to him by the Consultative Panel in performance of the duty in paragraph (b) of that subsection.

(6)The Lord Chancellor shall consider any recommendations made to him by the Consultative Panel in performance of the duty in subsection (3)(a).

(7)The Lord Chancellor—

(a)shall make available to the Consultative Panel appropriate administrative support; and

(b)may pay to any of the persons forming it any such allowances, and make any such reimbursement of expenses, as he considers appropriate.

(8)For the purposes of the law of defamation the publication of any advice by the Consultative Panel in the exercise of any of its functions shall be absolutely privileged.”

(3)In section 119(1) of that Act (interpretation), after the definition of “authorised practitioner” insert—

““Consultative Panel” means the Legal Services Consultative Panel;”.

(4)In Schedule 9 to that Act (exemption from prohibition on preparation of probate papers: approval)—

(a)for “Advisory Committee” (in each place) substitute “ Consultative Panel ”,

(b)in paragraph 2(1), for “Advisory Committee’s” substitute “ Consultative Panel’s ”, and

(c)in paragraphs 2(3) and 8(3), for “Committee” (in each place) substitute “ Consultative Panel ”.

(5)In the First Schedule to the M2Public Records Act 1958 (definition of public records), in Part II of the Table set out at the end of paragraph 3, insert at the appropriate place—

“The Legal Services Consultative Panel.”

Rights of audience and rights to conduct litigationU.K.

36 Barristers and solicitors.U.K.

For sections 31 to 33 of the M3Courts and Legal Services Act 1990 (deemed rights of barristers and solicitors) substitute—

“31 Barristers and solicitors.

(1)Every barrister shall be deemed to have been granted by the General Council of the Bar a right of audience before every court in relation to all proceedings (exercisable in accordance with the qualification regulations and rules of conduct of the General Council of the Bar approved for the purposes of section 27 in relation to the right).

(2)Every solicitor shall be deemed to have been granted by the Law Society—

(a)a right of audience before every court in relation to all proceedings (exercisable in accordance with the qualification regulations and rules of conduct of the Law Society approved for the purposes of section 27 in relation to the right); and

(b)a right to conduct litigation in relation to every court and all proceedings (exercisable in accordance with the qualification regulations and rules of conduct of the Law Society approved for the purposes of section 28 in relation to the right).

(3)A person shall not have a right of audience by virtue of subsection (1) if—

(a)he has not been called to the Bar by an Inn of Court; or

(b)he has been disbarred, or is temporarily suspended from practice, by order of an Inn of Court.”

40 Rights to conduct litigation: barristers and legal executives.U.K.

(1)Section 28 of the Courts and Legal Services Act 1990 (rights to conduct litigation) is amended as follows.

(2)In the definition of “authorised body” in subsection (5), after paragraph (a) (which specifies the Law Society), insert—

“(aa)the General Council of the Bar;

(ab)the Institute of Legal Executives; and”.

(3)After that subsection insert—

“(5A)Nothing in this section shall be taken to require the General Council of the Bar or the Institute of Legal Executives to grant a right to conduct litigation.”

41 Authorised bodies: designation and regulations and rules.U.K.

Schedule 5 (which substitutes new provisions for sections 29 and 30 of, and Schedule 4 to, the Courts and Legal Services Act 1990) has effect.

42 Overriding duties of advocates and litigators.U.K.

(1)In section 27 of the M6Courts and Legal Services Act 1990 (rights of audience), after subsection (2) insert—

“(2A)Every person who exercises before any court a right of audience granted by an authorised body has—

(a)a duty to the court to act with independence in the interests of justice; and

(b)a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.”

(2)In section 28 of that Act (rights to conduct litigation), after subsection (2) insert—

“(2A)Every person who exercises in relation to proceedings in any court a right to conduct litigation granted by an authorised body has—

(a)a duty to the court to act with independence in the interests of justice; and

(b)a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.”

43 Minor and consequential amendments.U.K.

Schedule 6 (which makes minor and consequential amendments relating to rights of audience and rights to conduct litigation) has effect.

Barristers and solicitorsE+W

45 Fees on application for appointment as Queen’s Counsel.E+W

(1)A person who applies to the Lord Chancellor to be recommended for appointment as Queen’s Counsel in England and Wales shall pay a fee to the Lord Chancellor.

(2)The amount of the fee shall be specified by order made by the Lord Chancellor; and in determining that amount the Lord Chancellor shall have regard to the expenses incurred by him in considering such applications.

(3)An order under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)This section does not affect section 9 of the M9Great Seal (Offices) Act 1874 (under which fees are charged in respect of the grant of Letters Patent under the Great Seal for appointment as Queen’s Counsel).

46 Bar practising certificates.E+W

(1)If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a “practising certificate”), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates.

(2)Rules made by virtue of subsection (1)—

(a)may provide for the payment of different fees by different descriptions of applicants, but

(b)may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of the regulation, education and training of barristers and those wishing to become barristers.

(3)The Lord Chancellor may by order made by statutory instrument—

(a)amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the Lord Chancellor considers appropriate, or

(b)vary or revoke an order under paragraph (a).

(4)No order shall be made under subsection (3) unless—

(a)the Lord Chancellor has consulted the Council, and

(b)a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the Lord Chancellor.

(6)The Council shall provide the Lord Chancellor with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.

48 Law Society’s powers in relation to conduct of solicitors etc.E+W

Schedule 7 (which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.

Legal Services OmbudsmanU.K.

49 Powers of Ombudsman.U.K.

(1)Section 23 of the M11Courts and Legal Services Act 1990 (recommendations of the Legal Services Ombudsman) is amended as follows.

(2)In subsection (1)(c) (written report of investigation to be sent to person with respect to whom recommendation is made), after “subsection (2)” insert “ or an order under subsection (2A) ”.

(3)In paragraph (e) of subsection (2) (recommendation that costs be paid by person or body to which recommendation under paragraph (c) or (d) applies), for “which a recommendation under paragraph (c) or (d) applies” substitute “ pay compensation under paragraph (c) or (d) ”.

(4)After that subsection insert—

“(2A)If after completing any investigation under this Act the Ombudsman considers that, rather than recommending the taking of any action by any person or professional body under paragraph (c), (d) or (e) of subsection (2), he should make an order requiring the taking of that action by the person or body—

(a)he shall afford the person or body, and the person who made the allegation, a reasonable opportunity of appearing before him to make representations; and

(b)having considered any representations from them, he may, in reporting his conclusions, make the order.”

(5)In subsections (3) and (4) (reports), after “recommendation” (in each place) insert “ or order ”.

(6)In subsection (6) (duty to have regard to Ombudsman’s report), for “subsection (1)(b) or (c)” substitute “ subsection (1)(b), (c) or (d) ”.

(7)For the sidenote substitute “ Recommendations and orders. ”

Public notariesU.K.

53 Abolition of scriveners’ monopoly.E+W

A public notary may practise as a notary in, or within three miles of, the City of London whether or not he is a member of the Incorporated Company of Scriveners of London (even if he is admitted to practise only outside that area).