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Royal ArmsCourts and Legal Services Act 1990

1990 c. 41
 

© Crown Copyright 1990

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The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Courts and Legal Services Act 1990, ISBN 0105441902. .

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 Courts and Legal Services Act 1990
 

1990c. 41

 


ARRANGEMENT OF SECTIONS

Part I
Procedure etc. in Civil Courts
Allocation and transfer of business
1. Allocation of business between High Court and county courts.
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 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 Advisory Committee
19. The Lord Chancellor's Advisory Committee on Legal Education and Conduct.
20. Duties of the Advisory Committee.
 
The Legal Services Ombudsman
21. The Legal Services Ombudsman.
22. Ombudsman's functions.
23. Recommendations.
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: designation and approval of regulations and rules.
30. Revocation of authorised body's designation.
31. The General Council of the Bar.
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 Director General of Fair Trading.
46. Investigatory powers of Director.
47. Power to obtain information and require production of documents.
48. Investigations on behalf of 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
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.
 
Notaries
57. Notaries.
 
Miscellaneous
58. Conditional fee agreements.
59. Representation under the Legal Aid Act 1988.
60. Regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales.
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. Rights 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.
 
Supreme Court Officers
77. Age for retirement of certain Supreme Court 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. Arbitration by official referee.
100. Specific powers of arbitrator exercisable by High Court.
101. Power of parties in certain cases to fill vacancy.
102. Want of prosecution.
103. Repeal of High Court's power to order discovery etc.
 
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. Liability of magistrates for damages and costs.
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. Extension of powers of justices' clerks.
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.
 
 Schedule 1— The Advisory Committee.
 Schedule 2— Specific functions of the Advisory Committee.
 Schedule 3— The Legal Services Ombudsman.
 Schedule 4— Authorisation and approval.
 Part I— Authorisation of bodies.
 Part II— Approval required by Section 29.
 Part III— Revocation of designation of authorised body.
 Schedule 5— The Authorised Conveyancing Practitioners Board.
 Schedule 6— The Conveyancing Appeal Tribunals.
 Schedule 7— The Conveyancing Ombudsman Scheme.
 Schedule 8— Licensed Conveyancers.
 Part I— Additional powers of Council for Licensed Conveyancers.
 Part II— Amendments of provisions relating to powers of Council etc.
 Schedule 9— Probate.
 Schedule 10— Judicial and other appointments.
 Schedule 11— Judges etc. barred from legal practice.
 Schedule 12— Widowers' Pensions: Transitional provisions.
 Schedule 13— Transfer of accrued benefits.