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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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