Legal Services Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 23 — Repeals
373

Schedule 23
Section 210

Repeals

Short title and chapter
Extent of repeal

Public Notaries Act 1801 (c. 79)
In section 1, “, or use and exercise the office of a

notary, or do any notarial act,”.

5

In section 14, from “proctor” to “any other”.

Public Notaries Act 1843 (c. 90)
Section 10.

Commissioners for Oaths Act
In section 1(3), from “in which” (in the first

1889 (c. 10)
place) to “solicitor, or”.

Children and Young Persons
In section 49(11), the definition of “legal

10

Act 1933 (c. 12)
representative”.

Public Records Act 1958 (c. 51)
In Schedule 1, “The Legal Services

Ombudsman.”

Parliamentary Commissioner
In Schedule 2, “Authorised Conveyancing

Act 1967 (c. 13)
Practitioners Board.” and “The Legal Services

15

Complaints Commissioner.”

Superannuation Act 1972 (c. 11)
In Schedule 1, “Employment by the Legal

Services Ombudsman” and “The office of the

Legal Services Ombudsman”.

Poisons Act 1972 (c. 66)
In section 9(7), “notwithstanding that he is not

20

of counsel or a solicitor”.

Solicitors Act 1974 (c. 47)
In section 1A—

(a)
“or” at the end of paragraph (b), and

(b)
in paragraph (c) “by the Council of the

Law Society”.

25

In section 2—

(a)
in subsection (1), “, with the concurrence

of the Secretary of State, the Lord Chief

Justice and the Master of the Rolls,”,

(b)
in subsection (3)(a)(i), “, whether by

30

service under articles or otherwise,”,

(c)
in subsection (3)(a)(v), “articles may be

discharged or”, and

(d)
subsections (4) and (5).

Section 6(2) to (4).

35

Section 8(5).

Section 12.

Section 12A.

Section 14.

In section 17(1) and (2), “in the London

40

Gazette”.

Section 19.

Sections 22 to 23.

In section 26, “, 22 or 23”.

Section 27.

45

Legal Services Bill [HL]
Schedule 23 — Repeals
374

Short title and chapter
Extent of repeal

Solicitors Act 1974 (c. 47)—cont.
In section 28—

(a)
in subsection (1), “, with the concurrence

of the Secretary of State and the Lord

Chief Justice,”,

5

(b)
in subsection (1)(c), “and applications for

them”,

(c)
subsections (2) and (3),

(d)
in subsection (3A), the “and” at the end

of paragraph (b), and

10

(e)
subsections (4) and (5).

In section 31—

(a)
in subsection (1) “, with the concurrence

of the Master of the Rolls,”, and

(b)
subsections (3) and (4).

15

In section 32(1)—

(a)
“, with the concurrence of the Master of

the Rolls,”, and

(b)
from “and the rules” to the end.

Section 32(2).

20

In section 32(4) “or (2)”.

Section 32(6).

In section 33(2), “and the rules” to the end.

In section 33A(1) “, with the concurrence of the

Master of the Rolls,”.

25

Section 34(7) and (8).

Section 37A.

Section 40.

Section 41(5).

In section 43(5)—

30

(a)
“by any solicitor”, and

(b)
from “but” to the end.

Section 46(6) to (8).

In section 46(9) “, with the concurrence of the

Master of the Rolls,”.

35

In section 47—

(a)
in subsection (2)(c), “not exceeding

£5,000”, and

(b)
subsections (4) and (5).

In section 48(2)(b) “in the London Gazette”.

40

In section 49(4) “and the Master of the Rolls”.

Section 49(7).

Section 70(11).

Sections 76 to 78.

Section 80(2).

45

Sections 81 and 81A.

Legal Services Bill [HL]
Schedule 23 — Repeals
375

Short title and chapter
Extent of repeal

Solicitors Act 1974 (c. 47)—cont.
In section 87(1) the definitions of—

(a)
“articles”,

(b)
“controlled trust”,

(c)
“duly certificated notary public”,

5

(d)
“employee”,

(e)
“indemnity conditions”,

(f)
“replacement date”, and

(g)
“training conditions”.

Section 89(7).

10

In Schedule 1—

(a)
in paragraph 1(1)(h), “sole”, and

(b)
paragraph 1(2).

Schedule 1A.

Schedule 2.

15

In Schedule 3, paragraph 9.

House of Commons
In Part 2 of Schedule 1, “The Authorised

Disqualification Act 1975
Conveyancing Practitioners Board.”

(c. 24)
In Part 3 of Schedule 1, “The Legal Services

Complaints Commissioner.” and “The Legal

20

Services Ombudsman.”

Northern Ireland Assembly
In Part 2 of Schedule 1, “The Authorised

Disqualification Act 1975
Conveyancing Practitioners Board.”

(c. 25)
In Part 3 of Schedule 1, “The Legal Services

Complaints Commissioner.” and “The Legal

25

Services Ombudsman.”

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, “The Legal Services

Consultative Panel.”

Patents Act 1977 (c. 37)
Section 102A.

Solicitors (Scotland) Act 1980
Section 3A(5)(a) and (ad).

30

(c. 46)
Section 15(2)(j).

In section 20(2) “, 53A(2)(ba)”.

Section 24C(2)(i).

Section 34(4), (4C) and (4D).

Sections 38, 39, 42A and 42B.

35

In section 42C(1)—

(a)
paragraphs (a) and (c),

(b)
“to the solicitor or his firm or”, and

(c)
“or, where” to the end.

In section 42C(2)(a) and (b) “solicitor, firm or”

40

(in each place).

In section 42C(3)—

(a)
in paragraph (a) “the solicitor or his firm

or, as the case may be,”, and

(b)
in paragraph (b) from “of which the

45

solicitor” to “be,”.

In section 42C(4) “38,” (in each place).

Section 42C(5).

Legal Services Bill [HL]
Schedule 23 — Repeals
376

Short title and chapter
Extent of repeal

Solicitors (Scotland) Act 1980
In section 51(2)—

(c. 46)—cont.
(a)
“a solicitor may have been guilty” to

“Fund) or”, and

(b)
“or a solicitor” to “services”.

5

Section 51(2A).

In section 52(2)(aa) “42A(7) or”.

Section 53(3), (10) and (11).

Sections 53A, 53B and 53C.

Section 54(1), (2B) and (2C).

10

Section 55(8).

Section 56A.

In section 62A(1) and (2) “38,” (in each place).

In section 65—

(a)
in subsection (1), the definition of

15

“inadequate professional services”, and

(b)
subsection (5).

In Schedule 3, in Part 2, in paragraph 5(1), (2)

and (3) “38,” (in each place).

In Schedule 4, in Part 2—

20

(a)
in paragraph 9(a) and (b) “or, as the case

may be, of provision of inadequate

professional services” (in each place),

(b)
paragraph 16(f) and (g), and

(c)
in paragraph 23 “, 42A(7)”.

25

In the side-note to section 62A “38,”.

Mental Health Act 1983 (c. 20)
In Schedule 4, paragraph 38(a).

County Courts Act 1984 (c. 28)
In Schedule 2, paragraph 49.

Prosecution of Offences Act
Section 4(6).

1985 (c. 23)

30

Administration of Justice Act
Section 2.

1985 (c. 61)
Section 4.

Sections 6 and 7.

In section 9—

(a)
in subsection (1)(c) “corporate”,

35

(b)
subsection (4),

(c)
in subsection (5) “corporate”,

(d)
in subsection (8) the definition of

“officer”, and in the definition of

“recognised body”, “corporate”, and

40

(e)
subsection (9).

In section 10—

(a)
in subsection (1) “corporate” (in both

places), and

(b)
in subsection (2) “corporate”.

45

Section 11(4).

Section 12(2).

Section 15(7) and (8).

In section 20(1) “, in pursuance of its general

duty referred to in section 12(2),”.

50

In section 22(3)(a) “qualified”.

Legal Services Bill [HL]
Schedule 23 — Repeals
377

Short title and chapter
Extent of repeal

Administration of Justice Act
In section 24—

1985 (c. 61)—cont.
(a)
in subsection (1), paragraph (b) and the

“or” immediately preceding it,

(b)
in that subsection the words from “with

5

a view” to the end,

(c)
subsection (2),

(d)
in subsection (3), “or (2)”, “or complaint”

(in both places) and “or paragraph (b)”,

and

10

(e)
in subsection (5), “or complaint” (in both

places).

Section 26(2)(g), (5) and (6).

In section 29(1), “or” at the end of paragraph (b).

In section 31—

15

(a)
in subsection (2), “or complaint” (in each

place) and “or paragraph (b)”, and

(b)
in subsection (4), “or complaint”.

In section 32—

(a)
in subsection (2) “corporate”,

20

(b)
subsection (3)(d),

(c)
in subsection (3)(e) “corporate”,

(d)
subsections (4) and (5), and

(e)
in subsection (6)(a) “corporate”.

Section 34(2)(c) to (e).

25

In section 35(2)—

(a)
in paragraph (a) “corporate”, and

(b)
the “and” at the end of paragraph (b).

Section 38(1).

In section 39(1)—

30

(a)
in the definition of “client”, in paragraph

(a) “or his firm”,

(b)
the definitions of “director” and

“officer”, and

(c)
in the definition of “recognised body”,

35

“corporate”.

In Schedule 1 paragraphs 5, 8(3), 9 and 14.

Legal Services Bill [HL]
Schedule 23 — Repeals
378

Short title and chapter
Extent of repeal

Administration of Justice Act
In Schedule 2—

1985 (c. 61)—cont.
(a)
in paragraph 1(1) “corporate”,

(b)
in paragraph 1(2)—

(i)
paragraph (b) and the “or”

5

immediately preceding it,

(ii)
“corporate”, and

(iii)
“or application”,

(d)
paragraph 1(3),

(e)
in paragraph 1(4) from “, and for those

10

purposes” to the end,

(f)
paragraph 4(2),

(g)
paragraphs 11, 12 and 13,

(h)
in paragraph 16(1), in paragraph (a) “in

the United Kingdom”,

15

(i)
in paragraph 17(a) “11(1), 15(2) or” and

“13(3) or”,

(j)
paragraph 18(1)(d) and the “or”

immediately preceding it,

(k)
in paragraph 18(2) “not exceeding

20

£3,000”,

(l)
paragraph 18(3) and (4),

(m)
paragraph 20(2),

(n)
in paragraph 31 “or (2)”,

(o)
paragraph 32(1)(b) and (2),

25

(p)
in paragraph 34(1), “corporate” (in both

places), and

(q)
in paragraph 35, in paragraph (a)

“corporate” and the “and” at the end of

paragraph (b).

30

In Schedule 3, paragraphs 2(3) and 3.

In Schedule 4, paragraphs 1(3) and (4) and 3.

In Schedule 5, paragraph 1(2).

Legal Services Bill [HL]
Schedule 23 — Repeals
379

Short title and chapter
Extent of repeal

Administration of Justice Act
In Schedule 6—

1985 (c. 61)—cont.
(a)
in paragraph 1 “corporate” (in both

places), and in sub-paragraph (2) “or

complaint” (in both places) and “or (b)”,

5

(b)
in paragraph 3(1), in paragraph (a)(i) “by

any court in the United Kingdom”,

paragraph (b), and from “with a view” to

the end,

(c)
paragraph 3(2),

10

(d)
paragraph 4(2)(c),

(e)
paragraph 4(3), (3A) and (4),

(f)
in paragraph 7(1) and (2) “corporate”,

(g)
in paragraph 8(1), “corporate”,

(h)
paragraph 9(2),

15

(i)
paragraph 10(2),

(j)
in paragraph 12(1), “corporate” (in both

places),

(k)
in paragraph 13, in paragraph (a)

“corporate”, and the “and” at the end of

20

paragraph (b),

(l)
paragraph 15.

In Schedule 9, paragraphs 2, 4 and 6.

Insolvency Act 1985 (c. 65)
In Schedule 8, paragraph 25.

Social Security Act 1986 (c. 50)
In section 56(1), “although not a barrister or

25

solicitor”.

Building Societies Act 1986
In Schedule 18, paragraph 11(2) and (3).

(c. 53)

Copyright, Designs and Patents
Section 279.

Act 1988 (c. 48)
In section 280—

30

(a)
in subsection (3) “or” at the end of

paragraph (b), and

(b)
subsection (4).

Section 292.

Law of Property (Miscellaneous
In Schedule 1, paragraph 8.

35

Provisions) Act 1989 (c. 34)

Law Reform (Miscellaneous
Section 33.

Provisions) (Scotland) Act

1990 (c. 40)

Courts and Legal Services Act
Sections 17, 18 and 18A.

40

1990 (c. 41)
Sections 21 to 29.

Sections 31 and 31A.

Sections 34 to 52.

In section 53—

(a)
subsection (5), and

45

(b)
subsection (9)(e).

Sections 54 and 55.

Section 63.

Sections 68 to 70.

Section 73(5)(d).

50