Access to Justice Bill [H.L.] - continued        House of Lords

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SCHEDULE 6
 
  RIGHTS OF AUDIENCE AND RIGHTS TO CONDUCT LITIGATION: AMENDMENTS
 
The Solicitors Act 1974 (c.47)
     1. The Solicitors Act 1974 has effect subject to the following amendments.
 
     2. In section 2(4) (Lord Chief Justice or Master of the Rolls deemed to concur in making of regulations approved by him under Schedule 4 to the Courts and Legal Services Act 1990), for the words from ", the Lord Chief Justice" to the end substitute "approves any regulation such as is mentioned in subsection (1), the requirement of the concurrence of the Lord Chief Justice and the Master of the Rolls imposed by that subsection shall not apply."
 
     3. In section 31(3) (Master of the Rolls deemed to concur in making of rules approved by him under Schedule 4 to the Courts and Legal Services Act 1990), for the words from "Master of the Rolls" to the end substitute "Lord Chancellor approves any rule such as is mentioned in subsection (1), the requirement of the concurrence of the Master of the Rolls imposed by that subsection shall not apply."
 
 
The Courts and Legal Services Act 1990 (c.41)
     4. The Courts and Legal Services Act 1990 has effect subject to the following amendments.
 
     5. - (1) Section 18 (duty to exercise functions as soon as reasonably practicable and in accordance with that section) is amended as follows.
 
      (2) In subsection (1) (matters to which duty relates), in paragraph (c) (approval of qualification regulations or rules of conduct), after "approval" insert "or alteration".
 
      (3) After that subsection insert-
 
 
    "(1A) Where any person other than the Lord Chancellor is called upon to exercise any such functions, the Lord Chancellor may require him to do so within such time as the Lord Chancellor may reasonably specify."
 
     6. - (1) Section 27 (rights of audience) is amended as follows.
 
      (2) In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit "the granting of".
 
      (3) After subsection (8) insert-
 
 
    "(8A) But a court may not limit the right to appear before the court in any proceedings to only some of those who have the right by virtue of the provisions of this section."
 
      (4) In subsection (9)-
 
 
    (a) in the definition of "qualification regulations", after "entitled to" insert ", or to exercise,", and
 
    (b) in the definition of "qualified litigator", for "("practising" having the same meaning as in section 19(8)(b))" substitute "(that is, one who has a practising certificate in force or is employed wholly or mainly for the purpose of providing legal services to his employer)".
     7. - (1) Section 28 (rights to conduct litigation) is amended as follows.
 
      (2) In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit "the granting of".
 
      (3) After subsection (4) insert-
 
 
    "(4A) A court may not limit the right to conduct litigation in relation to proceedings before the court to only some of those who have the right by virtue of the provisions of this section."
 
      (4) In subsection (5), in the definition of "qualification regulations", after "entitled to" insert ", or to exercise,".
 
     8. In section 53(6)(a) (Council for Licensed Conveyancers), for "section 29" substitute "Schedule 4".
 
     9. In section 71 (qualification for judicial appointments), for subsection (6) substitute-
 
 
    "(6) Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the authorised body concerned from exercising it shall not count towards the period mentioned in subsection (5)(b)."
 
     10. - (1) Section 119(1) (interpretation) is amended as follows.
 
      (2) In the definition of "right of audience" for "exercise any of the functions of appearing before and addressing a court including the calling and examining of" substitute "appear before and address a court including the right to call and examine".
 
      (3) In the definition of "right to conduct litigation", for "exercise all or any of the functions of issuing a writ or otherwise commencing" substitute "issue".
 
     11. - (1) Section 120 (subordinate legislation) is amended as follows.
 
      (2) In subsection (4) (orders and regulations subject to affirmative procedure), for "or paragraph 4" substitute ", paragraph 24 of Schedule 4, paragraph 4".
 
      (3) In subsection (5) (Orders in Council subject to affirmative procedure), for "section 29(2) or 30(1)" substitute "Part I or Part IV of Schedule 4".
 
 
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Prepared 29 January 1999