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| Authorised bodies: designation and regulations and rules. |
40. 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. |
41. - (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. |
42. Schedule 6 (which makes minor and consequential amendments relating to rights of audience and rights to conduct litigation) has effect.
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Barristers, solicitors and notaries |
| Barristers employed by solicitors etc. |
43. - (1) Where a barrister is employed by-
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(a) a solicitor or other authorised litigator (within the meaning of the Courts and Legal Services Act 1990), or |
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(b) a body recognised under section 9 of the Administration of Justice Act 1985 (incorporated solicitors' practices), |
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any rules of the General Council of the Bar which impose a prohibition or limitation on the provision of legal services shall not operate to prevent him from providing legal services to clients of his employer if either of the conditions specified in subsection (2) is satisfied.
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(2) Those conditions are-
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(a) that the prohibition or limitation is on the provision of the services otherwise than on the instructions of a solicitor (or other person acting for the client), and |
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(b) that the prohibition or limitation does not apply to barristers who provide legal services but are not employees. |
| Fees on application for appointment as Queen's Counsel. |
44. - (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.
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(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.
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(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.
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(4) This section does not affect section 9 of the Great 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).
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| Law Society's powers in relation to conduct of solicitors etc. |
45. Schedule 7 (which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.
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| Public notaries: abolition of scriveners' monopoly. |
46. 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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