Legal Services Bill [HL]

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 23 — Repeals
303

Schedule 23
Section 200

Repeals

Short title and chapter
Extent of repeal

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

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

5

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

Ombudsman.”

Parliamentary Commissioner
In Schedule 2, “The Legal Services Complaints

Act 1967 (c. 13)
Commissioner.”

Solicitors Act 1974 (c. 47)
In section 1A(c), “by the Council of the Law

10

Society”.

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,”,

15

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

service under articles or otherwise,”,

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

discharged or”, and

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

20

Section 6(2) to (4).

Section 8(5).

Section 12.

Section 12A.

Section 14.

25

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

Gazette”.

Section 19.

Sections 22 to 23.

In section 26, “, 22 or 23”.

30

Section 27.

In section 28—

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

of the Secretary of State and the Lord

Chief Justice,”,

35

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

them”, and

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

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

of paragraph (b), and

40

(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).

45

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).

50

Legal Services Bill [HL]
Schedule 23 — Repeals
304

Short title and chapter
Extent of repeal

Solicitors Act 1974 (c. 47)—cont.
In section 32(4) “or (2)”.

Section 32(6).

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

Master of the Rolls,”.

5

Section 34(7) and (8).

Section 37A.

Section 40.

Section 41(5).

In section 43(5)—

10

(a)
“by any solicitor”, and

(b)
from “but” to the end.

Section 44B(1)(c).

Section 46(6) to (8).

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

15

Master of the Rolls,”.

In section 47—

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

£5,000”, and

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

20

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

Section 49(7).

Section 70(11).

Sections 76 to 78.

Section 80(2).

25

Sections 81 and 81A.

In section 87(1) the definitions of—

(a)
“articles”,

(b)
“controlled trust”,

(c)
“employee”,

30

(d)
“indemnity conditions”, and

(e)
“training conditions”.

In Schedule 1, paragraph 1(2).

Schedule 1A.

In Schedule 2, in paragraph 2(1)(b), from “of

35

such amount” to the end.

House of Commons
In Part 3 of Schedule 1, “The Legal Services

Disqualification Act 1975
Complaints Commissioner.”, and “The Legal

(c. 24)
Services Ombudsman.”

Northern Ireland Assembly
In Part 3 of Schedule 1, “The Legal Services

40

Disqualification Act 1975
Complaints Commissioner.”, and “The Legal

(c. 25)
Services Ombudsman.”

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

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

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

45

In section 20(2) “, 53A(2)(ba)”.

Section 24C(2)(i).

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

Sections 38, 39, 42A and 42B.

In section 42C(1)—

50

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

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

(c)
“or, where” to the end.

Legal Services Bill [HL]
Schedule 23 — Repeals
305

Short title and chapter
Extent of repeal

Solicitors (Scotland) Act 1980
In section 42C(2)(a) and (b) “solicitor, firm or”

(c. 46)—cont.
(in each place).

In section 42C(3)—

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

5

or, as the case may be,”, and

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

solicitor” to “be,”.

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

Section 42C(5).

10

In section 51(2)—

(a)
“a solicitor may have been guilty” to

“Fund) or”, and

(b)
“or a solicitor” to “services”.

Section 51(2A).

15

In section 52(2)(aa) “42A(7) or”.

Section 53(3), (8A) and (8B).

Sections 53A, 53B and 53C.

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

Section 55(8).

20

Section 56A.

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

In section 65—

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

“inadequate professional services”, and

25

(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—

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

30

may be, of provision of inadequate

professional services” (in each place),

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

(c)
in paragraph 23 “, 42A(7)”.

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

35

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

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

Administration of Justice Act
Section 4.

1985 (c. 61)
Sections 6 and 7.

In section 9—

40

(a)
in subsection (1)(c) “corporate”,

(b)
subsection (4),

(c)
in subsection (5) “corporate”,

(d)
in subsection (8) the definition of

“officer”, and in the definition of

45

“recognised body”, “corporate”, and

(e)
subsection (9).

In section 10—

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

places), and

50

(b)
in subsection (2) “corporate”.

Section 11(4).

Legal Services Bill [HL]
Schedule 23 — Repeals
306

Short title and chapter
Extent of repeal

Administration of Justice Act
Section 12(2).

1985 (c. 61)—cont.
Section 15(7) and (8).

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

duty referred to in section 12(2),”.

5

In section 24—

(a)
in subsection (1), paragraph (b) and the

“or” immediately preceding it,

(b)
in that subsection the words from “with

a view” to the end,

10

(c)
subsection (2),

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

(in both places they appear) and “or

paragraph (b)”, and

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

15

places they appear).

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

In section 31(2), “or complaint” (in each place)

and “or paragraph (b)”.

In section 32—

20

(a)
in subsection (2) “corporate”,

(b)
in subsection (3)(d) “corporate”,

(c)
in subsection (3)(e) “corporate”,

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

(e)
in subsection (6)(a) “corporate”.

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)
the definitions of “director” and

“officer”, and

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

“corporate”.

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

35

Legal Services Bill [HL]
Schedule 23 — Repeals
307

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) “corporate”,

(c)
paragraph 1(3),

5

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

purposes” to the end,

(e)
in paragraph 2(1) “corporate”,

(f)
paragraph 2(4),

(g)
in paragraph 3 “or (2)”,

10

(h)
paragraph 4(2),

(i)
in paragraph 6(1) “corporate”,

(j)
in paragraph 6(1A), from “of such

amount” to the end,

(k)
in paragraph 6(1D), “sub-paragraph (1)

15

or (1A) of”,

(l)
paragraphs 11, 12 and 13,

(m)
paragraph 14(1)(b),

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

the United Kingdom”, in paragraph (b)

20

“section 34 of the 1974 Act or with”, and

in paragraph (c) “39 or”,

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

“13(3) or”,

(p)
in paragraph 18(1)(b) “section 34 of the

25

1974 Act or with”,

(q)
paragraph 18(1)(d) and the “or”

immediately preceding it,

(r)
in paragraph 18(2) “not exceeding

£3,000”,

30

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

(t)
in paragraph 31 “or (2)”,

(u)
paragraph 32(2),

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

places), and

35

(w)
in paragraph 35, in sub-paragraph (a)

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

sub-paragraph (b).

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

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

40

In Schedule 5, paragraph 1(2).

Legal Services Bill [HL]
Schedule 23 — Repeals
308

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”, sub-

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”,

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

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

paragraph (b),

20

(l)
in paragraph 14(1), “or complaint” (in

each place) and “or (b)”.

In Schedule 9, paragraphs 4 and 6.

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

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

25

(c. 53)

Copyright, Designs and Patents
Section 279.

Act 1988 (c. 48)
In section 280(3) “or” at the end of paragraph

(b).

Section 292.

30

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

Provisions) Act 1989 (c. 34)

Law Reform (Miscellaneous
Section 33.

Provisions) (Scotland) Act

1990 (c. 40)

35

Courts and Legal Services Act
Sections 21 to 26.

1990 (c. 41)
Sections 34 to 52.

Section 54(1).

Section 55.

Section 63.

40

Section 68.

Section 86 to 88.

Section 93(2) and (3).

Section 94(1) and (2).

Section 96.

45

Section 113.

Schedule 3.

Schedule 5.

Legal Services Bill [HL]
Schedule 23 — Repeals
309

Short title and chapter
Extent of repeal

Courts and Legal Services Act
In Schedule 8—

1990 (c. 41)—cont.
(a)
paragraph 19(b) and the “and”

immediately preceding it, and

(b)
paragraph 23.

5

In Schedule 10, paragraph 64.

In Schedule 14—

(a)
in paragraph 1, the definitions of

“controlled trust” and “the Council”,

(b)
paragraph 2(5),

10

(c)
in paragraph 7(2)(b), from “of such

amount” to the end,

(d)
paragraph 14(2),

(e)
in paragraph 14(3) “to him”,

(f)
in paragraph 15, in sub-paragraph (4)(c)

15

“not exceeding £5,000”, and sub-

paragraph (5),

(g)
in paragraph 17(2), “and the Master of

the Rolls”, and

(h)
paragraph 17(4).

20

Schedule 15.

In Schedule 17, paragraphs 8 and 10.

In Schedule 18, paragraphs 9 to 12, 20 and 56.

Friendly Societies Act 1992
In Schedule 21, paragraph 5.

(c. 40)

25

Trade Marks Act 1994 (c. 26)
Section 85.

In Schedule 4, paragraph 5.

Bank of England Act 1998 (c. 11)
Section 41(4).

Agricultural Tenancies Act 1995
Section 35.

(c. 8)

30

Access to Justice Act 1999 (c. 22)
In section 46—

(a)
subsection (2)(b) and the word “but”

immediately preceding it, and

(b)
subsections (3) to (6).

Sections 49 to 52.

35

In Schedule 6, paragraphs 1 to 3.

In Schedule 7, paragraphs 7(2)(a) and 10.

Schedule 8.

Immigration and Asylum Act
In section 86—

1999 (c. 33)
(a)
subsections (1)(a), (d) and (e),

40

(b)
subsection (4)(b),

(c)
in subsection 5(a), “England and Wales

or”, and

(d)
subsection (6)(a).