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Courts and Legal Services Act 1990 (c. 41)

(The document as of February, 2008)

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Courts and Legal Services Act 1990

1990 CHAPTER 41

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Procedure etc. in Civil Courts

    1. Allocation and transfer of business

      1. 1. Allocation of business between High Court and county courts.

      2. 2. Transfer of proceedings between courts.

    2. Remedies

      1. 3. Remedies available in county courts.

    3. Costs

      1. 4. Costs.

    4. Evidence

      1. 5. Witness statements.

      2. 6. Evidence given in arbitrations on small claims.

    5. Appeals

      1. 7. Appeals to Court of Appeal.

      2. 8. Powers of Court of Appeal to award damages.

    6. Family proceedings

      1. 9. Allocation of family proceedings which are within the jurisdiction of county courts.

      2. 10. Family proceedings in magistrates' courts and related matters.

    7. Miscellaneous

      1. 11. Representation in certain county court cases.

      2. 12. Penalty for failure to warn that hearing will not be attended.

      3. 13. Administration orders.

      4. 14. Assessors.

      5. 15. Enforcement.

      6. 16. County court rules.

  2. Part II

    Legal Services

    1. Introductory

      1. 17. The statutory objective and the general principle.

      2. 18. The statutory duty.

    2. The Advisory Committee

      1. 19. The Lord Chancellor's Advisory Committee on Legal Education and Conduct.

      2. 20. Duties of the Advisory Committee.

    3. The Legal Services Ombudsman

      1. 21. The Legal Services Ombudsman.

      2. 22. Ombudsman's functions.

      3. 23. Recommendations.

      4. 24. Advisory functions.

      5. 25. Procedure and offences.

      6. 26. Extension of Ombudsman's remit.

    4. Rights of audience and rights to conduct litigation

      1. 27. Rights of audience.

      2. 28. Rights to conduct litigation.

      3. 29. Authorised bodies: designation and approval of regulations and rules.

      4. 30. Revocation of authorised body's designation.

      5. 31. The General Council of the Bar.

      6. 32. The Law Society: rights of audience.

      7. 33. The Law Society: rights to conduct litigation.

    5. Extension of conveyancing services

      1. 34. The Authorised Conveyancing Practitioners Board.

      2. 35. Functions of the Board and financial provisions.

      3. 36. Provision of conveyancing services by authorised practitioners.

      4. 37. Authorisation of practitioners.

      5. 38. Refusal of approval and imposition of conditions.

      6. 39. Revocation and suspension of authorisation.

      7. 40. Regulations about competence and conduct etc. of authorised practitioners.

      8. 41. The Conveyancing Appeal Tribunals.

      9. 42. Appeals from Tribunals on points of law.

      10. 43. The Conveyancing Ombudsman Scheme.

      11. 44. Compensation scheme.

      12. 45. Advisory and supervisory functions of Director General of Fair Trading.

      13. 46. Investigatory powers of Director.

      14. 47. Power to obtain information and require production of documents.

      15. 48. Investigations on behalf : exemption from section 23(1) of Solicitors Act 1974.

      16. 56. Administration of oaths etc. by justices in certain probate business.

    6. Notaries

      1. 57. Notaries.

    7. Miscellaneous

      1. 58. Conditional fee agreements.

      2. 59. Representation under the Legal Aid Act 1988.

      3. 60. Regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales.

      4. 61. Right of barrister to enter into contract for the provision of his services.

      5. 62. Immunity of advocates from actions in negligence and for breach of contract.

      6. 63. Legal professional privilege.

      7. 64. Discrimination by, or in relation to, barristers.

      8. 65. Discrimination by, or in relation to, advocates.

      9. 66. Multi-disciplinary and multi-national practices.

      10. 67. Rights of audience for solicitors in certain Crown Court centres.

      11. 68. Preparation of documents etc. by registered patent agents and trade mark agents.

      12. 69. Exemption from liability for damages etc.

    8. Offences

      1. 70. Offences.

  3. Part III

    Judicial and Other Offices and Judicial Pensions

    1. Judicial appointments

      1. 71. Qualification for judicial and certain other appointments.

    2. Judges

      1. 72. Presiding Judges.

      2. 73. Delegation of certain administrative functions of Master of the Rolls.

      3. 74. District Judges.

      4. 75. Judges etc. barred from legal practice.

      5. 76. Judicial oaths.

    3. Supreme Court Officers

      1. 77. Age for retirement of certain Supreme Court officers.

      2. 78. Registrar of Criminal Appeals.

    4. Judicial pensions

      1. 79. Widowers' pensions.

      2. 80. Widows' and widowers' pensions: supplemental.

      3. 81. Transfer of accrued rights to and from judicial pension schemes.

      4. 82. Voluntary contributions.

      5. 83. Period of service to qualify for certain superannuation benefits.

      6. 84. Abolition of abatement of salary rule for judges etc.

  4. Part IV

    Solicitors

    1. 85. Practising certificates for employed solicitors.

    2. 86. Commencement, expiry and replacement of practising certificates.

    3. 87. Fees payable on issue of practising certificates.

    4. 88. Additional fee payable by certain solicitors on applying for practising certificates.

    5. 89. Foreign lawyers: recognised bodies and partnerships with solicitors.

    6. 90. The Compensation Fund: incorporated practices.

    7. 91. Power of Law Society to intervene in solicitors' practices.

    8. 92. Functions of the Solicitors Disciplinary Tribunal.

    9. 93. Redress for inadequate professional services.

    10. 94. Solicitors charged with or convicted of fraud or serious crime.

    11. 95. Appeals against refusal to restore solicitor's name to roll under section 8 of the 1974 Act.

    12. 96. Powers of entry etc. of local weights and measures authorities.

    13. 97. Committees and sub-committees of the Council.

    14. 98. Agreements with solicitors for payment by hourly rates.

  5. Part V

    Arbitration

    1. 99. Arbitration by official referee.

    2. 100. Specific powers of arbitrator exercisable by High Court.

    3. 101. Power of parties in certain cases to fill vacancy.

    4. 102. Want of prosecution.

    5. 103. Repeal of High Court's power to order discovery etc.

  6. Part VI

    Miscellaneous And Supplemental

    1. Tying-in

      1. 104. Tying-in arrangements in connection with residential property loans.

      2. 105. Tying-in arrangements: supplemental provisions.

      3. 106. Tying-in: offences.

      4. 107. Tying-in: enforcement.

    2. Miscellaneous

      1. 108. Liability of magistrates for damages and costs.

      2. 109. Liability of resident magistrates etc. in Northern Ireland for damages and costs.

      3. 110. Jurisdiction of the Parliamentary Commissioner for Administration.

      4. 111. Costs against legal representatives etc. in criminal proceedings.

      5. 112. Costs against legal representatives in magistrates' courts.

      6. 113. Administration of oaths and taking of affidavits.

      7. 114. Bail applications.

      8. 115. Law reports.

      9. 116. Provision with respect to the Children Act 1989.

      10. 117. Extension of powers of justices' clerks.

      11. 118. Functions of Treasury.

    3. Supplemental

      1. 119. Interpretation.

      2. 120. Regulations and orders.

      3. 121. Financial provisions.

      4. 122. Power to make corresponding provision for Northern Ireland.

      5. 123. Extent.

      6. 124. Commencement.

      7. 125. Short title, minor and consequential amendments, transitionals and repeals.

    1. Schedule 1

      The Advisory Committee.

    2. Schedule 2

      Specific functions of the Advisory Committee.

    3. Schedule 3

      The Legal Services Ombudsman.

    4. Schedule 4

      Authorisation and approval.

      1. Part I

        Authorisation of bodies.

      2. Part II

        Approval required by Section 29.

      3. Part III

        Revocation of designation of authorised body.

    5. Schedule 5

      The Authorised Conveyancing Practitioners Board.

    6. Schedule 6

      The Conveyancing Appeal Tribunals.

    7. Schedule 7

      The Conveyancing Ombudsman Scheme.

    8. Schedule 8

      Licensed Conveyancers.

      1. Part I

        Additional powers of Council for Licensed Conveyancers.

      2. Part II

        Amendments of provisions relating to powers of Council etc.

    9. Schedule 9

      Probate.

    10. Schedule 10

      Judicial and other appointments.

    11. Schedule 11

      Judges etc. barred from legal practice.

    12. Schedule 12

      Widowers' Pensions: Transitional provisions.

    13. Schedule 13

      Transfer of accrued benefits.

    14. Schedule 14

      Foreign lawyers: Partnerships and recognised bodies.

      1. Part I

        Registration.

      2. Part II

        Registered foreign lawyers: supplementary provisions.

    15. Schedule 15

      Inadequate professional services.

    16. Schedule 16

      Children Act 1989.

      1. Part I

        Amendment of Act and other enactments affected.

      2. Part II

        Further consequential amendments.

    17. Schedule 17

      Minor amendments.

    18. Schedule 18

      Consequential amendments.

    19. Schedule 19

      Transitionals and savings.

    20. Schedule 20

      Repeals.

An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to legal services; to establish a body to be known as the Lord Chancellor's Advisory Committee on Legal Education and Conduct and a body to be known as the Authorised Conveyancing Practitioners Board; to provide for the appointment of a Legal Services Ombudsman; to make provision for the establishment of a Conveyancing Ombudsman Scheme; to provide for the establishment of Conveyancing Appeal Tribunals; to amend the law relating to judicial and related pensions and judicial and other appointments; to make provision with respect to certain officers of the Supreme Court; to amend the Solicitors Act 1974; to amend the Arbitration Act 1950; to make provision with respect to certain loans in respect of residential property; to make provision with respect to the jurisdiction of the Parliamentary Commissioner for Administration in connection with the functions of court staff; to amend the Children Act 1989 and make further provision in connection with that Act; and for connected purposes.

[1st November 1990]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Procedure etc. in Civil Courts

Allocation and transfer of business

1 Allocation of business between High Court and county courts

(1) The Lord Chancellor may by order make provision--

(a) conferring jurisdiction on the High Court in relation to proceedings in which county courts have jurisdiction;

(b) conferring jurisdiction on county courts in relation to proceedings in which the High Court has jurisdiction;

(c) allocating proceedings to the High Court or to county courts;

(d) specifying proceedings which may be commenced only in the High Court;

(e) specifying proceedings which may be commenced only in a county court;

(f) specifying proceedings which may be taken only in the High Court;

(g) specifying proceedings which may be taken only in a county court.

(2) Without prejudice to the generality of section 120(2), any such order may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify in the order.

(3) The criteria so specified may, in particular, relate to--

(a) the value of an action (as defined by the order);

(b) the nature of the proceedings;

(c) the parties to the proceedings;

(d) the degree of complexity likely to be involved in any aspect of the proceedings; and

(e) the importance of any question likely to be raised by, or in the course of, the proceedings.

(4) An order under subsection (1)(b), (e) or (g) may specify one or more particular county courts in relation to the proceedings so specified.

(5) Any jurisdiction exercisable by a county court, under any provision made by virtue of subsection (4), shall be exercisable throughout England and Wales.

(6) Rules of court may provide for a matter--

(a) which is pending in one county court; and

(b) over which that court has jurisdiction under any provision made by virtue of subsection (4),

to be heard and determined wholly or partly in another county court which also has jurisdiction in that matter under any such provision.

(7) Any such order may--

(a) amend or repeal any provision falling within subsection (8) and relating to--

(i) the jurisdiction, practice or procedure of the Supreme Court; or

(ii) the jurisdiction, practice or procedure of any county court,

so far as the Lord Chancellor considers it to be necessary, or expedient, in consequence of any provision made by the order; or

(b) make such incidental or transitional provision as the Lord Chancellor considers necessary, or expedient, in consequence of any provision made by the order.

(8) A provision falls within this subsection if it is made by any enactment other than this Act or made under any enactment.

(9) Before making any such order the Lord Chancellor shall consult the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Senior Presiding Judge (appointed under section 72).

(10) No such order shall be made so as to confer jurisdiction on any county court to hear any application for judicial review.

(11) For the purposes of this section the commencement of proceedings may include the making of any application in anticipation of any proceedings or in the course of any proceedings.

(12) The Lord Chancellor shall, within one year of the coming into force of the first order made under this section, and annually thereafter, prepare and lay before both Houses of Parliament a report as to the business of the Supreme Court and county courts.

2 Transfer of proceedings between courts

(1) The following section shall be substituted for section 40 of the [1984 c. 28.] County Courts Act 1984 (transfer of proceedings to county court)--

" 40 Transfer of proceedings to county court

(1) Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in a county court it shall--

(a) order the transfer of the proceedings to a county court; or

(b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

(2) Subject to any such provision, the High Court may order the transfer of any proceedings before it to a county court.

(3) An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.

(4) Proceedings transferred under this section shall be transferred to such county court as the High Court considers appropriate, having taken into account the convenience of the parties and that of any other persons likely to be affected and the state of business in the courts concerned.

(5) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(6) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section--

(a) the judgment or order may be enforced as if it were a judgment or order of a county court; and

(b) subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes.

(7) Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section--

(a) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall not apply.

(8) The provisions referred to in subsection (1) are any made--

(a) under section 1 of the Courts and Legal Services Act 1990; or

(b) by or under any other enactment.

(9) This section does not apply to family proceedings within the meaning of Part V of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984. "

(2) In section 41 of the [1984 c. 28.] County Courts Act 1984 (transfer to High Court by order of the High Court), the following subsection shall be added at the end--

" (3) The power conferred by subsection (1) shall be exercised subject to any provision made--

(a) under section 1 of the Courts and Legal Services Act 1990; or

(b) by or under any other enactment. "

(3) The following section shall be substituted for section 42 of the County Courts Act 1984 (transfer to High Court by order of a county court)--

" 42 Transfer to High Court by order of a county court

(1) Where a county court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (7) to be in the High Court, it shall--

(a) order the transfer of the proceedings to the High Court; or

(b) if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.

(2) Subject to any such provision, a county court may order the transfer of any proceedings before it to the High Court.

(3) An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.

(4) The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

(5) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section--

(a) the judgment or order may be enforced as if it were a judgment or order of the High Court; and

(b) subject to subsection (6), it shall be treated as a judgment or order of that court for all purposes.

(6) Where proceedings for the enforcement of any judgment or order of a county court are transferred under this section--

(a) the powers of any court to set aside, correct, vary or quash a judgment or order of a county court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and

(b) the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall not apply.

(7) The provisions referred to in subsection (1) are any made--

(a) under section 1 of the Courts and Legal Services Act 1990; or

(b) by or under any other enactment.

(8) This section does not apply to family proceedings within the meaning of Part V of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984. "

(4) For section 75(3)(b) of the [1984 c. 28.] County Courts Act 1984 (power to make county court rules as to transfer of proceedings from one court to another) there shall be substituted--

" (b) prescribing the circumstances in which proceedings may be transferred by decision of any judge, district judge or officer of the court from one court to another and the procedure consequent on any such transfer. "



Remedies

3 Remedies available in county courts

The following section shall be substituted for sections 38 and 39 of the County Courts Act 1984 (general ancillary jurisdiction and ancillary powers of judge)--

" 38 Remedies available in county courts

(1) Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.

(2) Any order made by a county court may be--

(a) absolute or conditional;

(b) final or interlocutory.

(3) A county court shall not have power--

(a) to order mandamus, certiorari or prohibition; or

(b) to make any order of a prescribed kind.

(4) Regulations under subsection (3)--

(a) may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;

(b) may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;

(c) may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and

(d) may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations.

(5) In this section "prescribed" means prescribed by regulations made by the Lord Chancellor under this section.

(6) The power to make regulations under this section shall be exercised by statutory instrument.

(7) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament. "



Costs

4 Costs

(1) The following section shall be substituted for section 51 of the [1981 c. 54.] Supreme Court Act 1981 (costs in civil division of Court of Appeal and High Court)--

" 51 Costs in civil division of Court of Appeal, High Court and county courts

(1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in--

(a) the civil division of the Court of Appeal;

(b) the High Court; and

(c) any county court,

shall be in the discretion of the court.

(2) Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives.

(3) The court shall have full power to determine by whom and to what extent the costs are to be paid.

(4) In subsections (1) and (2) "proceedings" includes the administration of estates and trusts.

(5) Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy.

(6) In any proceedings mentioned in subsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.

(7) In subsection (6), "wasted costs" means any costs incurred by a party--

(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or

(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

(8) Where--

(a) a person has commenced proceedings in the High Court; but

(b) those proceedings should, in the opinion of the court, have been commenced in a county court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment,

the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances.

(9) Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question--

(a) the amount of that reduction shall not exceed 25 per cent; and

(b) on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction.

(10) The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage.

(11) Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient.

(12) No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.

(13) In this section "legal or other representative", in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf. "

(2) In section 52 of that Act (costs in Crown Court) the following subsection shall be inserted after subsection (2)--

" (2A) Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section " .



Evidence

5 Witness statements

(1) Rules of court may make provision--

(a) requiring, in specified circumstances, any party to civil proceedings to serve on the other parties a written statement of the oral evidence which he intends to adduce on any issue of fact to be decided at the trial;

(b) enabling the court to direct any party to civil proceedings to serve such a statement on the other party; and

(c) prohibiting a party who fails to comply with such a requirement or direction from adducing oral evidence on the issue of fact to which it relates.

(2) Where a party to proceedings has refused to comply with such a requirement or direction, the fact that his refusal was on the ground that the required statement would have been a document which was privileged from disclosure shall not affect any prohibition imposed by virtue of subsection (1)(c).

(3) This section is not to be read as prejudicing in any way any other power to make rules of court.

6 Evidence given in arbitrations on small claims

In section 64 of the [1984 c. 28.] County Courts Act 1984 (references to arbitration) the following subsections shall be inserted after subsection (2)--

" (2A) County court rules may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

(2B) Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence. "



Appeals

7 Appeals to Court of Appeal

(1) Section 18 of the [1981 c. 54.] Supreme Court Act 1981 (restrictions on appeals to Court of Appeal) shall be amended as follows.

(2) In subsection (1), paragraphs (e), (f) and (h) (which deal with cases in which leave is required for an appeal) shall be omitted.

(3) After subsection (1) there shall be inserted the following subsections--

" (1A) In any such class of case as may be prescribed by Rules of the Supreme Court, an appeal shall lie to the Court of Appeal only with the leave of the Court of Appeal or such court or tribunal as may be specified by the rules in relation to that class.

(1B) Any enactment which authorises leave to appeal to the Court of Appeal being given by a single judge, or by a court consisting of two judges, shall have effect subject to any provision which--

(a) is made by Rules of the Supreme Court; and

(b) in such classes of case as may be prescribed by the rules, requires leave to be given by such greater number of judges (not exceeding three) as may be so specified. "

(4) In section 54(4) of the Act of 1981 (cases in which court is duly constituted when consisting of two judges), the following paragraph shall be inserted after paragraph (a)--

" (aa) hearing and determining any application for leave to appeal; " .

8 Powers of Court of Appeal to award damages

(1) In this section "case" means any case where the Court of Appeal has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate.

(2) Rules of court may provide for the Court of Appeal, in such classes of case as may be specified in the rules, to have power, in place of ordering a new trial, to substitute for the sum awarded by the jury such sum as appears to the court to be proper.

(3) This section is not to be read as prejudicing in any way any other power to make rules of court.



Family proceedings

9 Allocation of family proceedings which are within the jurisdiction of county courts

(1) The Lord Chancellor may, with the concurrence of the President of the Family Division, give directions that, in such circumstances as may be specified--

(a) any family proceedings which are within the jurisdiction of county courts; or

(b) any specified description of such proceedings,

shall be allocated to specified judges or to specified descriptions of judge.

(2) Any such direction shall have effect regardless of any rules of court.

(3) Where any directions have been given under this section allocating any proceedings to specified judges, the validity of anything done by a judge in, or in relation to, the proceedings shall not be called into question by reason only of the fact that he was not a specified judge.

(4) For the purposes of subsection (1) "county court" includes the principal registry of the Family Division of the High Court in so far as it is treated as a county court.

(5) In this section--

  • "family proceedings" has the same meaning as in the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the [1989 c. 41.] Children Act 1989;

  • "judge" means any person who--

    (a)

    is capable of sitting as a judge for a county court district;

    (b)

    is a district judge, an assistant district judge or a deputy district judge; or

    (c)

    is a district judge of the principal registry of the Family Division of the High Court; and

  • "specified" means specified in the directions.

10 Family proceedings in magistrates' courts and related matters

(1) In this section "family proceedings" has the meaning given by section 65(1) of the [1980 c. 43.] Magistrates' Courts Act 1980.

(2) For the purpose of giving effect to any enactment mentioned in that section, rules made under section 144 of that Act may make, in relation to any family proceedings, any provision which--

(a) falls within subsection (2) of section 93 of the [1989 c. 41.] Children Act 1989 (rules of court); and

(b) may be made in relation to relevant proceedings under section 93 of the Act of 1989.

(3) In section 35 of the Justices of the [1979 c. 55.] Peace Act 1979 (composition of committee of magistrates for inner London area), in subsection (3)--

(a) in paragraph (b) for the words "three members of the juvenile court panel" there shall be substituted "one member of the juvenile court panel"; and

(b) after that paragraph there shall be inserted the following paragraph--

" (bb) two members chosen, in such manner as may be prescribed by rules made for the purposes of this subsection, from any family panel or combined family panel for the inner London area " .

(4) At the end of that section there shall be added the following subsection--

" (7) No rules shall be made under subsection (3)(bb) above except on the advice of, or after consultation with, the rule committee established under section 144 of the Magistrates' Courts Act 1980. "

(5) In section 37(1)(a) of that Act (justices' clerks) after the words "juvenile courts" there shall be inserted "and family proceedings courts".



Miscellaneous

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11 Representation in certain county court cases

(1) The Lord Chancellor may by order provide that there shall be no restriction on the persons who may exercise rights of audience, or rights to conduct litigation, in relation to proceedings in a county court of such a kind as may be specified in the order.

(2) The power to make an order may only be exercised in relation to proceedings--

(a) for the recovery of amounts due under contracts for the supply of goods or services;

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