Access to Justice Act 1999 (c. 22)

(The document as of February, 2008)

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(d) whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a solicitor in connection with his practice, " ;

and for the words from "all documents" to the end substitute "all relevant documents in the possession of the solicitor or his firm."

(3) For the sidenote substitute "Examination of files."

12 In paragraph 14(1) of Schedule 2 to the [1985 c. 61.] Administration of Justice Act 1985 (power of Law Society to examine files of recognised body in connection with complaints), for paragraphs (a) and (b) substitute--

" (a) whether a recognised body has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council and applicable to it by virtue of section 9 of this Act;

(b) whether any professional services provided by a recognised body were not of the quality which it is reasonable to expect of it as a recognised body; or

(c) whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a recognised body in connection with its business, " ;

and for the words from "all documents" to the end substitute "all relevant documents in the body's possession."

Payment of costs by solicitor under investigation

13 In the Solicitors Act 1974, after section 44B insert--

" Costs of investigations

44C Payment of costs of investigations

Where the Society investigates possible professional misconduct by a solicitor, or a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council, the Council may direct him to pay to the Council an amount which--

(a) is calculated by the Council as the cost to the Society of investigating and dealing with the matter; or

(b) in the opinion of the Council represents a reasonable contribution towards that cost. "

14 In Schedule 2 to the [1985 c. 61.] Administration of Justice Act 1985, after paragraph 14 insert--

" Payment of costs of investigations

14A Where the Society investigates a failure or apprehended failure by a recognised body to comply with any requirement imposed by or by virtue of this Act or any rules applicable to it by virtue of section 9 of this Act, the Council may direct the body to pay to the Council an amount which--

(a) is calculated by the Council as the cost to the Society of the investigation; or

(b) in the opinion of the Council represents a reasonable contribution towards that cost. "

Registered foreign lawyers

15 Subsections (5) to (7) of section 89 of the [1990 c. 41.] Courts and Legal Services Act 1990 (power to apply existing provisions to registered foreign lawyers with or without modifications and power to modify existing provisions in their application to recognised bodies whose officers include registered foreign lawyers) apply in relation to the provisions contained in this Schedule as if they were contained in an Act passed before the commencement of that section.

Section 51.

SCHEDULE 8 Legal Services Complaints Commissioner

Provision for discharge of functions

1 (1) The Lord Chancellor may give general directions concerning the discharge of the functions of the Legal Services Complaints Commissioner.

(2) Any such directions shall be published by the Lord Chancellor in such manner as appears to him to be appropriate.

(3) Subject to any such direction and to the provisions of this Act, the Commissioner may make such provision as he considers appropriate for the discharge of his functions.

Delegation of functions

2 (1) The Commissioner may delegate any of his functions to such members of his staff as he thinks fit.

(2) All reports prepared by or on behalf of the Commissioner must be signed by him.

Remuneration

3 (1) The Lord Chancellor shall pay to, or in respect of, the Commissioner such amounts--

(a) by way of remuneration, pensions, allowances or gratuities, or

(b) by way of provision for any such benefits,

as he may determine.

(2) If--

(a) the Commissioner ceases to hold office, and

(b) it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation,

the Lord Chancellor may pay to him such sum as the Lord Chancellor may determine.

Staff

4 (1) The Commissioner may appoint such staff as he thinks necessary for the discharge of his functions.

(2) Appointments shall be made by the Commissioner on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the Lord Chancellor, determine.

(3) The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Commissioner's staff who suffer loss of employment or loss or diminution of emoluments.

Annual and other reports

5 (1) The Commissioner shall make an annual report to the Lord Chancellor on the discharge of his functions during the year to which the report relates.

(2) The Commissioner may, in addition, report to the Lord Chancellor at any time on any matter relating to the discharge of the Commissioner's functions.

(3) The Commissioner shall provide the Lord Chancellor with such information relating to the discharge of his functions as the Lord Chancellor may see fit to require.

(4) The Lord Chancellor shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).

Accounts and audit

6 (1) The Commissioner shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year.

(2) The accounts shall be kept, and the statement of accounts prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct.

(3) The accounts shall be audited by persons appointed by the Lord Chancellor in respect of each financial year.

(4) The auditors shall send to the Lord Chancellor a copy of the statement of accounts and of their report.

(5) The Lord Chancellor shall lay before each House of Parliament a copy of every statement of accounts and auditors' report sent to him under this paragraph.

Financial provisions

7 (1) The Lord Chancellor may require any professional body in relation to which a direction under section 52 of this Act has been given (and not revoked) to make payments of such amounts as the Lord Chancellor considers appropriate to the Commissioner towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions.

(2) To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament.

(3) The Commissioner may, with the approval of the Lord Chancellor, pay fees or allowances to any person who, in the Commissioner's opinion, is qualified to assist him in the discharge of his functions and who so assists him.

Parliamentary disqualification

8 In Part III of Schedule 1 to--

(a) the [1975 c. 24.] House of Commons Disqualification Act 1975, and

(b) the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975,

(disqualifying offices), insert (at the appropriate place in alphabetical order)--

"The Legal Services Complaints Commissioner."

Parliamentary Commissioner

9 In Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)--

"The Legal Services Complaints Commissioner."

Acting Commissioner

10 (1) The Lord Chancellor may appoint a person to exercise the functions of the Commissioner where--

(a) the Commissioner's office becomes vacant, or

(b) the Commissioner is incapable of exercising his functions or considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason).

(2) A person so appointed shall have the powers of the Commissioner but shall act only in accordance with the terms on which he is appointed.

(3) The Lord Chancellor may pay to any person so appointed such remuneration as he may determine.

Section 66.

SCHEDULE 9 Enforcement of community orders

1 Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991 (enforcement of community orders) has effect subject to the amendments in paragraphs 2 to 8.

2 In paragraph 2(2) (issue by justice of the peace of summons or warrant to direct offender to appear or be brought, in the case of a drug treatment or testing order, before the court responsible for the order and, in the case of any other relevant order, before a magistrates' court for the petty sessions area concerned), for paragraphs (a) and (b) substitute--

" (a) in the case of a drug treatment and testing order, before the court responsible for the order;

(b) in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and

3 In paragraph 3(1) (powers of magistrates' court), for "the magistrates' court" substitute "a magistrates' court".

4 In paragraph 6(5) (community service orders)--

(a) in paragraph (a), for "7(2)(a)(ii)" substitute "7(2)(b)", and

(b) in paragraph (b), for "reference in paragraph 7(1)(b)" substitute "references in paragraphs 7(1)(b) and 8(1)(a)" and for "a reference" substitute "references".

5 (1) Paragraph 7 (revocation of order by magistrates' court) is amended as follows.

(2) In sub-paragraph (1)--

(a) after "a relevant order" insert "made by a magistrates' court", and

(b) for "for which a magistrates' court is responsible, to that court" substitute ", to the magistrates' court responsible for the order".

(3) For sub-paragraph (2) substitute--

" (2) The court may--

(a) revoke the order; or

(b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence. "

(4) In sub-paragraph (3), for "(2)(a)(i)" substitute "(2)(a)".

(5) In sub-paragraphs (4) and (5), for "(2)(a)(ii)" substitute "(2)(b)".

(6) Omit sub-paragraph (6).

6 For paragraph 8(1) and (1A) (circumstances in which Crown Court may revoke an order) substitute--

" 8 (1) This paragraph applies where--

(a) a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or

(b) an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates' court to the Crown Court for sentence, is brought or appears before the Crown Court. "

7 (1) Paragraph 8A (replacement of probation order with conditional discharge) is amended as follows.

(2) In sub-paragraph (1), for "it appears to a magistrates' court acting for the petty sessions area concerned" substitute "to a magistrates' court acting for the petty sessions area concerned (where the order was made by a magistrates' court) or the Crown Court (where the order was made by the Crown Court) it appears to the court".

(3) In sub-paragraph (2), after "paragraph 7" insert "or 8".

(4) In sub-paragraph (3)--

(a) omit "and the probation order was made by a magistrates' court", and

(b) for "the magistrates' court" substitute "the court".

(5) Omit sub-paragraphs (4) and (5).

(6) In sub-paragraph (6)--

(a) for "sub-paragraphs (3) and (5)" substitute "sub-paragraph (3)", and

(b) in the words treated as substituted in section 1A(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973, omit "or (5)".

8 In paragraph 11A (application of paragraph 6A for purposes of paragraphs 6 and 7), for "7(2)(a)(ii)" substitute "7(2)(b)".

9 (1) In each of the provisions specified in sub-paragraph (2) (which refer to paragraph 7 of Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991), for "7(2)(a)(ii)" substitute "7(2)(b)".

(2) The provisions referred to in sub-paragraph (1) are--

(a) section 16B(2) of the [1969 c. 54.] Children and Young Persons Act 1969,

(b) section 35(5) and (8) of the [1997 c. 43.] Crime (Sentences) Act 1997, and

Section 76.

SCHEDULE 10 Commission areas and petty sessions areas

The Parochial Libraries Act 1708 (c. 14)

1 In section 10 of the Parochial Libraries Act 1708 (warrant to search for lost library books), for "within the county riding or division" substitute "for the commission area".

The Distress for Rent Act 1737 (c. 19)

2 In section 4 of the Distress for Rent Act 1737 (procedure where goods fraudulently carried off), for "county, riding, or division or such county," substitute "commission area".

The Inclosure Act 1773 (c. 81)

3 In section 4 of the Inclosure Act 1773 (expenses), for "county" substitute "commission area".

The Burial Ground Act 1816 (c. 141)

4 In section 2 of the Burial Ground Act 1816 (valuation of land), for "county, town, or district" substitute "commission area".

The Inclosure and Drainage (Rates) Act 1833 (c. 35)

5 In section 1 of the Inclosure and Drainage (Rates) Act 1833 (recovery of rates or assessments), for "county, riding, or division" substitute "commission area".

The Ordnance Survey Act 1841 (c. 30)

6 In section 2 of the Ordnance Survey Act 1841 (powers of entry), for "of the county" substitute "of the place".

The Geological Survey Act 1845 (c. 63)

7 In section 1 of the Geological Survey Act 1845 (powers of entry), for "county in which" substitute "place where".

The Inclosure Act 1845 (c. 118)

8 In section 159 of the Inclosure Act 1845 (recovery of penalties), after "county" insert "or other jurisdiction".

The Hares Act 1848 (c. 29)

9 In section 2 of the Hares Act 1848 (authority to kill hares to be delivered to clerk for petty sessions division), for "petty sessions division" substitute "petty sessions area".

The Fairs Act 1873 (c. 37)

10 In section 6 of the Fairs Act 1873 (alteration of fair day on representation of justices for petty sessional division), for "petty sessional division" (in both places) substitute "petty sessions area".

The Commons Act 1876 (c. 56)

11 In section 20 of the Commons Act 1876 (prohibition on gravel digging on certain commons without authority of justices for petty sessional division), for "petty sessional division" substitute "petty sessions area".

The Municipal Corporations Act 1882 (c. 50)

12 In section 153(3) of the Municipal Corporations Act 1882 (warrant of two justices for the county requiring payment to county treasurer), for "for the county" substitute "for a commission area consisting of or including the whole or part of the county".

The Local Government Act 1888 (c. 41)

13 In section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for "county sitting in petty sessions" substitute "peace for a commission area consisting of or including the whole or part of the county".

The Children and Young Persons Act 1933 (c. 12)

14 The Children and Young Persons Act 1933 has effect subject to the following amendments.

15 In section 48(3) (power of youth court acting for same petty sessional division as remanding court), for "petty sessional division" substitute "petty sessions area".

16 (1) The Second Schedule (constitution of youth courts) is amended as follows.

(2) In paragraph 1 (Part I to have effect as respects any area outside the inner London area and the City), for the words from "any area" to the end substitute "petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London."

(3) In paragraph 8 (restrictions on forming combined panels), for the words from "which" to the end substitute "unless the area consists of, or is wholly included in, a single commission area".

(4) In paragraph 13 (Part II to have effect as respects the inner London area and the City), for the words from "as respects" to "of London" substitute "as respects the area consisting of the petty sessions areas falling wholly or partly within the area consisting of the inner London boroughs and the City of London".

The Criminal Justice Act 1948 (c. 58)

17 In section 80(1) of the Criminal Justice Act 1948 (interpretation), in the definition of "local authority", for "petty sessional division" substitute "petty sessions area".

The Prevention of Damage by Pests Act 1949 (c. 55)

18 In section 15(1) of the Prevention of Damage by Pests Act 1949 (appeal to court for petty sessional division), for "petty sessional division" substitute "petty sessions area".

The National Parks and Access to the Countryside Act 1949 (c. 97)

19 In section 68(3) of the National Parks and Access to the Countryside Act 1949 (complaint to court of petty sessional division about notice to enforce access), for "petty sessional division" substitute "petty sessions area".

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

20 (1) Paragraph 4 of Part II of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (allocation of functions to make up civil remuneration of justices' clerks) is amended as follows.

(2) In the first column--

(a) for "Clerk to county justices" substitute "Justices' clerk", and

(b) for "said Act" substitute "Justices of the [1997 c. 25.] Peace Act 1997".

(3) For the entry in the third column substitute--

" The paying authority is the authority which is the paying authority in relation to the magistrates' courts committee for the purposes of section 55 of the Justices of the Peace Act 1997 (and where there are two or more such authorities, the proportions in which they contribute to give effect to any determination shall be such as they may agree or, in default of agreement, as may be determined by the Lord Chancellor).
The justices for whom the clerk acts are the authority entitled to appeal against a determination. "

The Prison Act 1952 (c. 52)

21 In section 19(1) of the Prison Act 1952 (right of justice to visit prison)--

(a) for "county", in the first place, substitute "commission area", and

(b) for "county", in the second and third places, substitute "area".

The Maintenance Orders Act 1958 (c. 39)

22 In section 21(1) of the Maintenance Orders Act 1958 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for the words from "and "petty sessions area"" to "court" substitute "has the meaning assigned to it by the [1980 c. 43.] Magistrates' Courts Act 1980 and".

The Licensing Act 1964 (c. 26)

23 The Licensing Act 1964 has effect subject to the following amendments.

24 In section 2 (licensing justices and districts), for subsection (2) substitute--

" (2) The licensing justices for any petty sessions area shall be a committee (which shall be known as the area licensing committee) of the justices acting for that area. "

25 In section 85(1) (search warrants for parties organised for gain), for "county or borough" substitute "commission area".

26 In section 187(1) (search warrants), for "county or borough" substitute "commission area".

27 In section 188(1) (closing of licensed premises in case of riot or tumult), for "county or borough" (in both places) substitute "commission area".

28 (1) Section 193 (disqualification of justices) is amended as follows.

(2) In subsection (1) (disqualifying trades)--

(a) for "any county" substitute "any commission area", and

(b) for "county or borough" substitute "area".

(3) In subsection (2) (disqualifying shareholdings)--

(a) for "any county" substitute "any commission area", and

(b) for "that county" substitute "that area".

29 In section 201(1) (interpretation), in the definition of "the metropolis", for the words from "an area" to the end substitute "the area consisting of the inner London boroughs and the City of London;".

The Administration of Justice Act 1964 (c. 42)

30 (1) Section 19 of the Administration of Justice Act 1964 (sheriff of Greater London and under-sheriffs for London commission areas) is amended as follows.

(2) In subsection (1) (appointment of sheriff of Greater London and under-sheriff for each London commission area), for "and for each London commission area an under-sheriff shall be so appointed" substitute "and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament"

(3) In subsection (2) (application of enactments to under-sheriffs as if London commission areas were counties), for "London commission area" substitute "area specified by virtue of subsection (1) of this section".

(4) In subsection (4) (modification of [1887 c. 55.] Sheriffs Act 1887 in its application to Greater London)--

(a) for "London commission area" substitute "area specified by virtue of subsection (1) of this section",

(b) for "a justice of the peace for any of the London commission areas" substitute "any justice of the peace for a commission area consisting of or including the whole or part of Greater London", and

(c) for the words from "shall be sent" to the end substitute "shall be sent to the officer specified by the Lord Chancellor by order made by statutory instrument."

The Sunday Theatre Act 1972 (c. 26)

31 In section 2(2) of the Sunday Theatre Act 1972 (definition of "inner London area"), for the words from "which" to the end substitute "consisting of the inner London boroughs".

The Solicitors Act 1974 (c. 47)

32 In section 38(2) of the Solicitors Act 1974 (disqualification of a solicitor who is a justice of the peace for an area divided into petty sessional divisions)--

(a) for "is divided into petty sessional divisions" substitute "consists of two or more petty sessions areas", and

(b) for "petty sessional division" substitute "petty sessions area".

The Magistrates' Courts Act 1980 (c. 43)

33 The Magistrates' Courts Act 1980 has effect subject to the following amendments.

34 In section 70 (jurisdiction in inner London for family proceedings), in subsection (3), in the definition of "inner London petty sessions area", for the words after "means" substitute "any petty sessions area falling wholly or partly within the area consisting of the inner London boroughs and the City of London."

35 In section 146(5) (rules relating to youth courts), for "inner London area" substitute "area consisting of the inner London boroughs".

36 In section 150(1) (interpretation), in the definition of "petty sessional court-house", for "petty sessional division" substitute "petty sessions area".

The Public Passenger Vehicles Act 1981 (c. 14)

37 In section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for "and "petty sessions area" have the same meanings" substitute "has the same meaning".

The Road Traffic Regulation Act 1984 (c. 27)

38 In section 142(1) of the Road Traffic Regulation Act 1984 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for "and "petty sessions area" have the same meanings" substitute "has the same meaning".

The Criminal Justice Act 1991 (c. 53)

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