Access to Justice Bill [H.L.]

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

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PART III

PROVISION OF LEGAL SERVICES

The Legal Services Consultative Panel

Replacement of ACLEC by Consultative Panel.

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

(2) In the Courts and Legal Services Act 1990, after section 18 insert-

	"The Legal Services Consultative Panel
The Consultative Panel.	18A. - (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

(5) In the First Schedule to the Public 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 litigation

Barristers and solicitors.

35. For sections 31 to 33 of the Courts and Legal Services Act 1990 (deemed rights of barristers and solicitors) substitute-

"Barristers and solicitors.	31. - (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."

Rights of audience: employed advocates.

36. In the Courts and Legal Services Act 1990, after section 31 (as substituted by section 35 above) insert-

"Employed advocates.	31A. - (1) Where a person who has a right of audience granted by an authorised body is employed as an advocate, any qualification regulations or rules of conduct of the body relating to that right which fall within subsection (2) shall not have effect in relation to him.
	(2) Qualification regulations or rules of conduct relating to a right granted by a body fall within this subsection if-
	(a) they limit the courts before which, or proceedings or capacity in which, that right may be exercised by members of the body who are employed as advocates; and
	(b) they do not impose the same limitation on members of the body who have the right but are not employees.
	(3) For the purposes of this section a person is employed as an advocate if he is-
	(a) a Crown Prosecutor; or
	(b) otherwise employed in a capacity which involves his appearing before courts."

Employees of Legal Services Commission.

37. In the Courts and Legal Services Act 1990, after section 31A (inserted by section 36 above) insert-

"Advocates and litigators employed by Legal Services Commission.	31B. - (1) Where a person who has a right of audience or right to conduct litigation granted by an authorised body is employed by the Legal Services Commission, or by any body established and maintained by the Legal Services Commission, any rules of the authorised body which fall within subsection (2) shall not have effect in relation to him.
	(2) Rules of a body fall within this subsection if they are-
	(a) rules of conduct prohibiting or limiting the exercise of the right on behalf of members of the public by members of the body who are employees; or
	(b) rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the body,
	and either of the conditions specified in subsection (3) is satisfied.
	(3) Those conditions are-
	(a) that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public), and
	(b) that the rules do not impose the same prohibition or limitation on members of the body who have the right but are not employees."

Rights of audience: change of authorised body.

38. In the Courts and Legal Services Act 1990, after section 31B (inserted by section 37 above) insert-

"Change of authorised body.	31C. - (1) Where a person-
	(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
	(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,
	any qualification regulations of that body relating to that right shall not have effect in relation to him.
	(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.
	(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."

Rights to conduct litigation: barristers and legal executives.

39. - (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."

Prepared 17 May 1999