HC Deb 25 July 1990 vol 177 cc633-5

.—(1) The Magistrates' Courts Act 1980 shall be amended as follows.

(2) In section 150(1) (interpretation) after the definition of "impose imprisonment" there shall be inserted the following definition— legal representative" means an authorised advocate or authorised litigator, as defined by section 99(1) of the Courts and Legal Services Act 1990;".

(3) For the words—

  1. (a) "counsel or a solicitor" in sections 4(4)(b), 6(2)(b), 23(1)(a) and 128(1B);
  2. (b) "counsel or solicitor" in sections 122(1) and (3); 634 there shall be substituted "a legal representative".

(4) For the words—

  1. (a) "solicitor" in sections 6(2)(a), 12(2), 128(1A)(ii) and (3B);
  2. (b) "counsel or solicitor" in sections 72(3)(a) and (4);
  3. (c) "solicitor or barrister" in section 145(1)(d), there shall he substituted "legal representative".

(5) For the words "counsel and solicitors" in section 8(4)(d) there shall be substituted "the legal representatives".

(6) For the words—

  1. (a) "solicitors and counsel" in section 69(2)(b);
  2. (b) "solicitors or counsel" in section 69(4),
there shall be substituted "legal representatives".

(7) In section 144(3) (members of the rule committee) in subsection (3), for the words "one justices' clerk" to the end there shall be substituted—

  1. "(a) one justices' clerk;
  2. (b) one person who has a Supreme Court qualification (within the meaning of section 58 of the Courts and Legal Services Act 1990); and
  3. (c) one person who has been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.".'.

No. 118, in page 144, line 1, at end insert—

'.—(l) In section 85 of the Supreme Court Act 1981 (Supreme Court Rule Committee)—

  1. (a) for paragraphs (f) and (g) of subsection (1), there shall be substituted—
  2. (b) for subsection (4) there shall be substituted—
(4) Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.

(2) In section 86 of that Act (Crown Court Rule Committee)—

  1. (a) for paragraphs (f) and (g) of subsection (1), there shall be substituted—
  2. (b) for subsection (4) there shall be substituted—
(4) Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.".'.

.No. 71, in page 144, line 9, at end insert—

'. In section 90 of that Act (Official Solicitor) the following subsections shall be inserted after subsection (3)—

"(3A) The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation. to any proceedings.

(3B) When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of section 26(2)(a) of the Courts and Legal Services Act 1990 shall be treated as having acquired that right solely by virtue of subsection (3A)".'.

No. 119, in page 144, line 43, leave out paragraph 32.

No. 120, in page 145, line 21, at end insert—

'. For section 75(7) of that Act (members of the rule committee) there shall be substituted—

"(7) The rule committee shall consist of the following persons appointed by the Lord Chancellor—

  1. (a) five judges of county courts;
  2. (b) two district judges;
  3. (c) two persons who have a Supreme Court qualification (within the meaning of section 58 of the Courts and Legal Services Act 1990); and
  4. (d) two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court."

. For section 143(1) of that Act (prohibition on persons other then solicitors receiving remuneration for work in county courts) there shall be substituted—

"(1) No person other than—

  1. (a) a legal representative; or
  2. (b) a person exercising a right of audience or a right to conduct litigation by virtue of an order made under section 9 of the Courts and Legal Services Act 1990 (representation in county courts),
shall be entitled to have or recover any fee or reward for acting on behalf of a party in proceedings in a county court."

.—(1) In section 147(1) of that Act (interpretation) after the definition of "landlord" there shall be inserted— "legal representative" means an authorised advocate or authorised litigator, as defined by section 99(1) of the Courts and Legal Services Act 1990.

(2) For the word "solicitor" in sections 13(1) and (4), 61(2) and 126 of that Act there shall be substituted "legal representative".

(3) For the word "solicitors" in sections 18, 24(1), 27(6), 75(3)(f) and 79 of that Act there shall be substituted "legal representatives".'.

No. 121, in page 145, line 21, at end insert—