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| Rights of audience: change of authorised body. |
34. In the Courts and Legal Services Act 1990, after section 31A (inserted by section 33 above) insert-
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| "Change of authorised body. |
31B. - (1) Where a person-
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(a) has at any time had, and been entitled to exercise, a right of audience before a court in relation to proceedings of any description granted by one authorised body; and |
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(b) becomes a member of another authorised body and has a right of audience before that court in relation to that description of proceedings granted by that body, |
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any qualification regulations of that body relating to that right shall not have effect in relation to him.
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(2) Subsection (1) does not apply in relation to any qualification regulations to the extent that they impose requirements relating to continuing education or training which have effect in relation to the exercise of the right by all members of the body who have the right.
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(3) Subsection (1) does not apply to a person if he has been banned from exercising the right of audience by the body mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that body has not lifted the ban."
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| Rights to conduct litigation: barristers and legal executives. |
35. - (1) Section 28 of the Courts and Legal Services Act 1990 (rights to conduct litigation) is amended as follows.
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(2) In the definition of "authorised body" in subsection (5), after paragraph (a) (which specifies the Law Society), insert-
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"(aa) the General Council of the Bar; |
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(ab) the Institute of Legal Executives; and". |
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(3) After that subsection insert-
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"(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."
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| Authorised bodies: designation and regulations and rules. |
36. 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.
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| Overriding duties of advocates and litigators. |
37. - (1) In section 27 of the Courts and Legal Services Act 1990 (rights of audience), after subsection (2) insert-
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"(2A) Every person who exercises before any court a right of audience granted by an authorised body has-
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(a) a duty to the court to act with independence in the interests of justice; and |
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(b) a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section; |
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and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them."
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(2) In section 28 of that Act (rights to conduct litigation), after subsection (2) insert-
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"(2A) Every person who exercises in relation to proceedings in any court a right to conduct litigation granted by an authorised body has-
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(a) a duty to the court to act with independence in the interests of justice; and |
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(b) a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section; |
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and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them."
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| Minor and consequential amendments. |
38. Schedule 6 (which makes minor and consequential amendments relating to rights of audience and rights to conduct litigation) has effect.
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Public notaries |
| Public notaries: abolition of scriveners' monopoly. |
39. 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).
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