OpenLegislation

Administration of Justice Act 1985 in Wales

1985 c. 61 · Enacted 30 October 1985 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 January 2025.

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s. 61repealedAccess to Justice Act 1999 Sch. 15 Pt. 5(2)

An Act to make further provision with respect to the administration of justice and matters connected therewith; to amend the Solicitors Act 1974; to regulate the provision of solicitors’ services in the case of incorporated practices; to regulate the provision of conveyancing services by persons practising as licensed conveyancers; to make further provision with respect to complaints relating to the provision of legal aid services; to amend the law relating to time limits for actions for libel and slander; and to make further provision with respect to arbitrations and proceedings in connection with European patents.

[30th October 1985]

X1C1C2Be 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:—

Annotations to the whole text

Modifications

C1

By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C2

Act: functions transferred (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 4 {Sch 1}

Editorial notes

X1

The text of ss. 1–10, 60–62, 65, 67–69, Schs. 1, 2, 7 paras. 4–6, Sch. 8 Pt. III, Sch. 9 paras. 1–7, 17 was taken from S.I.F. Group 76:1 (Lawyers and Notaries), ss. 11–39, 66, 68, 69, Schs. 3–6 from S.I.F. Group 98:1 (Property, England and Wales), ss. 40-46, 67–69, Sch. 7 paras. 1–3, Sch. 8 Pt. III, Sch. 9 paras. 8, 9 from S.I.F. Group 77:1 (Legal Aid), ss. 47–50, 51(2), 52, 53, 56–59, 67(2), 68, 69, Sch. 8, Sch. 9 paras. 10, 11, 14, 15 from S.I.F. Group 37 (Courts: Supreme Court, England and Wales), ss. 51(1), 52–56, 67–69, Sch. 7 paras. 7, 8, Sch. 8 Pts. II, III, Sch. 9 paras. 11–13 from S.I.F. Group 34 (County Courts: England and Wales), ss. 63, 68, 69, Sch. 9 para. 16 from S.I.F Group 122:3 (Tort and Delict) and ss. 64, 68, 69 from S.I.F. Group 47 (Evidence); provisions omitted from S.I.F. have been dealt with as referred to in other commentary.

Contents

  1. Part I: Solicitors
  2. Solicitors’ discipline
  3. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 2Examination of solicitors’ files in connection with complaints. Repealed
  5. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. Practising certificates
  7. 4Issue of practising certificates subject to conditions. Repealed
  8. 5Conditions imposed on current certificates.
  9. Restrictions applying to unqualified persons
  10. 6Preparation of conveyancing documents by unqualified persons. Repealed
  11. 7Preparation of papers for probate etc. by unqualified persons. Repealed
  12. Other amendments
  13. 8Other amendments of Solicitors Act 1974.
  14. Legal services bodies and sole solicitors’ practices
  15. 9Recognition of legal services bodies and of sole solicitors’ practices
  16. 9ALegal services bodies
  17. 10Penalty for pretending to be a body recognised under s. 9.
  18. 10APenalty for sole solicitor pretending that practice is recognised
  19. Part II: Licensed Conveyancing
  20. Preliminary
  21. 11Provision of conveyancing services by licensed conveyancers.
  22. The Council for Licensed Conveyancers
  23. 12Establishment of the Council.
  24. Training and licensing of persons seeking to practise as licensed conveyancers
  25. 13Training rules.
  26. 14Applications for licences.
  27. 15Issue of licences by Council.
  28. 16Conditional licences.
  29. 16AAdditional fee payable by certain persons when applying for licences
  30. 17Imposition of conditions during currency of licence.
  31. 17AVariation of conditions
  32. 18Suspension or termination of licences.
  33. 19Register of licensed conveyancers.
  34. Code of conduct
  35. 20Rules as to professional practice, conduct and discipline.
  36. Financial requirements
  37. 21Professional indemnity and compensation.
  38. 22Keeping of accounts and establishment of client accounts.
  39. 23Interest on clients’ money.
  40. Disciplinary and other proceedings
  41. 24Preliminary investigation of disciplinary cases.
  42. 24ADetermination of allegations by Investigating Committee
  43. 25The Discipline and Appeals Committee.
  44. 26Proceedings in disciplinary cases.
  45. 27Removal of disqualification from holding a licence.
  46. 28Revocation of licence on grounds of fraud or error.
  47. 29Appeals from decisions of Council in relation to licences.
  48. 30Supplementary provisions relating to disciplinary and other proceedings.
  49. Intervention by Council
  50. 31Intervention in licensed conveyancer’s practice and examination of files.
  51. Recognised bodies
  52. 32Provision of conveyancing or other services by recognised bodies.
  53. 32AConveyancing services bodies
  54. 32BCLC practitioner services bodies
  55. Miscellaneous and supplemental
  56. 33Legal professional privilege.
  57. 33AAdministration of oaths by licensed conveyancers or licensed CLC practitioners
  58. 34Modification of existing enactments relating to conveyancing etc.
  59. 35Penalty for pretending to be a licensed conveyancer or recognised body.
  60. 36Offences by bodies corporate.
  61. 37Service of documents.
  62. 38Rules.
  63. 39Interpretation of Part II.
  64. Part III: Legal Aid
  65. Legal aid complaints
  66. 40Legal aid complaints: preliminary.
  67. 41Application to legal aid complaints against barristers of disciplinary provisions.
  68. 42Exclusion of barristers from legal aid work.
  69. 43Jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors.
  70. 44Exclusion of solicitor from legal aid work.
  71. Advice and assistance
  72. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  73. Legal aid in criminal proceedings
  74. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  75. Part IV: The Supreme Court and County Courts
  76. Proceedings relating to estates of deceased persons and trusts
  77. 47Power of High Court to make judgments binding on persons who are not parties.
  78. 48Power of High Court to authorise action to be taken in reliance on counsel’s opinion.
  79. 49Powers of High Court on compromise of probate action.
  80. 50Power of High Court to appoint substitute for, or to remove, personal representative.
  81. 51Amendments relating to jurisdiction of county courts and district probate registrars in probate proceedings.
  82. Garnishee proceedings
  83. 52Administrative and clerical expenses of garnishees.
  84. Reimbursement of costs
  85. 53Reimbursement of additional costs resulting from death or incapacity of presiding judge etc.
  86. Register of county court judgments
  87. 54Register of county court judgments. Repealed
  88. Relief from forfeiture in county court
  89. 55Power of county court to grant relief from forfeiture for non-payment of rent.
  90. Interpretation
  91. 56Interpretation of Part IV.
  92. Part V: Miscellaneous and Supplementary
  93. Miscellaneous
  94. 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  95. 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  96. 59Pensions Appeal Tribunals: provision for appeals by non-residents to be heard in Scotland or Northern Ireland.
  97. 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  98. 61Constitution of [youth courts] in London.
  99. 65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  100. Supplementary
  101. 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  102. 67Consequential amendments and repeals.
  103. 68Extent: power to make corresponding provision for Northern Ireland.
  104. 69Short title, commencement, transitional provisions and savings.
  105. Schedule 1: Minor Amendments of Solicitors Act 1974
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. 3Paragraph 3
  109. 4Paragraph 4 Repealed
  110. 5Paragraph 5 Repealed
  111. 6Paragraph 6
  112. 7Paragraph 7
  113. 8Paragraph 8
  114. 9Paragraph 9 Repealed
  115. 10Paragraph 10
  116. 11Paragraph 11 Repealed
  117. 12Paragraph 12
  118. 13Paragraph 13
  119. 14Paragraph 14 Repealed
  120. Schedule 2: Legal services practices: Supplementary Provisions
  121. Interpretation
  122. 1Paragraph 1
  123. Appeal against refusal of Society to grant recognition etc
  124. 2Paragraph 2
  125. Accounts rules
  126. 3Paragraph 3
  127. Interest on clients’ money
  128. 4Paragraph 4
  129. 4ZAParagraph 4ZA
  130. Inspection of bank accounts
  131. 4AParagraph 4A
  132. Accountants’ reports
  133. 5Paragraph 5
  134. 5AParagraph 5A
  135. Compensation Fund
  136. 6Paragraph 6
  137. Solicitor who is justice of the peace not to act in certain proceedings
  138. 7Paragraph 7
  139. 8Paragraph 8 Not yet in force
  140. Restriction on employment of person struck off roll or suspended
  141. 9Paragraph 9
  142. Failure to disclose fact of having been struck off or suspended
  143. 10Paragraph 10
  144. Control of employment of persons convicted of offences of dishonesty and certain other persons
  145. 11Paragraph 11 Repealed
  146. Offences in connection with orders under section 43(2) of the 1974 Act
  147. 12Paragraph 12 Repealed
  148. Powers of Council in respect of inadequate professional services
  149. 13Paragraph 13 Repealed
  150. information about suitatbility for recognition
  151. 14Paragraph 14
  152. 14ZAParagraph 14ZA
  153. Power to charge for costs of investigation
  154. 14AParagraph 14A
  155. Disciplinary powers of the Society
  156. 14BParagraph 14B
  157. 14CParagraph 14C
  158. Lay observers
  159. 15Paragraph 15 Repealed
  160. Complaints to Tribunal with respect to recognised bodies and recognised sole solicitor’s practice,
  161. 16Paragraph 16
  162. Procedure on applications and complaints
  163. 17Paragraph 17
  164. Powers of Tribunal with respect to recognised bodies
  165. 18Paragraph 18
  166. 18AParagraph 18A
  167. Powers of Tribunal in respect of inadequate professional services
  168. 19Paragraph 19 Repealed
  169. Powers of Tribunal in respect of legal aid complaints
  170. 20Paragraph 20
  171. Revocation of recognition by reason of default by director
  172. 21Paragraph 21
  173. Costs: general modification of provisions of Part III of 1974 Act
  174. 22Paragraph 22
  175. Orders as to remuneration for non-contentious business
  176. 23Paragraph 23
  177. Effect of contentious business agreements
  178. 24Paragraph 24
  179. Effect on contentious business agreement of supervening incapacity of recognised body to act for client
  180. 25Paragraph 25
  181. Assessments with respect to contentious business
  182. 26Paragraph 26
  183. Power of court to order delivery of bill of costs, etc.
  184. 27Paragraph 27
  185. Power of court to order recognised body to pay over clients’ money
  186. 28Paragraph 28
  187. Actions to recover costs
  188. 29Paragraph 29
  189. Power of Society to inspect files relating to certain proceedings
  190. 30Paragraph 30
  191. Bank accounts
  192. 31Paragraph 31
  193. 31AParagraph 31A
  194. Intervention by Society
  195. 32Paragraph 32
  196. 32AParagraph 32A
  197. 33Paragraph 33
  198. 34Paragraph 34
  199. 35Paragraph 35
  200. Privilege from disclosure etc.
  201. 36Paragraph 36
  202. Modification of enactments relating to conveyancing etc.
  203. 37Paragraph 37
  204. Schedule 3: The Council for Licensed Conveyancers: Supplementary Provisions
  205. Status
  206. 1Paragraph 1
  207. Constitution
  208. 2Paragraph 2
  209. 3Paragraph 3 Repealed
  210. 4Paragraph 4
  211. Remuneration of members
  212. 5Paragraph 5
  213. Incidental powers
  214. 6Paragraph 6
  215. Officers and staff
  216. 7Paragraph 7
  217. Committees of the Council
  218. 8Paragraph 8 Repealed
  219. Proceedings
  220. 9Paragraph 9
  221. Expenses of Council
  222. 10Paragraph 10
  223. Accounts
  224. 11Paragraph 11
  225. Schedule 4: The Discipline and Appeals Committee: Supplementary Provisions
  226. Rules of procedure
  227. 1Paragraph 1
  228. Evidence etc.
  229. 2Paragraph 2
  230. 3Paragraph 3 Repealed
  231. Filing of orders of Committee
  232. 4Paragraph 4
  233. Schedule 5: Intervention in Licensed Conveyancer’s Practice
  234. Part I: Circumstances in which Council may Intervene
  235. 1Paragraph 1
  236. 2Paragraph 2
  237. 3Paragraph 3
  238. 4Paragraph 4
  239. Part II: Powers Exercisable on Intervention
  240. Money
  241. 5Paragraph 5
  242. 6Paragraph 6
  243. 6AParagraph 6A
  244. 6BParagraph 6B
  245. 7Paragraph 7
  246. 8Paragraph 8
  247. Documents
  248. 9Paragraph 9
  249. Redirection of communications
  250. 10Paragraph 10
  251. Trusts
  252. 10AParagraph 10A
  253. General
  254. 11Paragraph 11
  255. 12Paragraph 12
  256. 12AParagraph 12A
  257. Schedule 6: Bodies Recognised under s.32: Supplementary Provisions
  258. Construction of references to recognised bodies
  259. 1Paragraph 1
  260. Disciplinary control of recognised bodies
  261. 2Paragraph 2
  262. 3Paragraph 3
  263. 3AParagraph 3A
  264. 4Paragraph 4
  265. 5Paragraph 5
  266. Appeals against orders of the Committee
  267. 6Paragraph 6
  268. Revocation of recognition on grounds of fraud or error
  269. 7Paragraph 7
  270. Appeal against decision of Council in relation to grant of recognition
  271. 8Paragraph 8
  272. Rules of procedure, etc.
  273. 9Paragraph 9
  274. Intervention by Council
  275. 10Paragraph 10
  276. 11Paragraph 11
  277. 12Paragraph 12
  278. 13Paragraph 13
  279. Examination of files
  280. 14Paragraph 14
  281. Application of rules relating to accounts and interest on client’s money
  282. 15Paragraph 15 Repealed
  283. 16Paragraph 16
  284. Schedule 7: Consequential Amendments
  285. Legal Aid Act 1974 (c.4)
  286. 1—3Paragraph 1—3 Repealed
  287. Solicitors Act 1974 (c.47)
  288. 4Paragraph 4 Not yet in force
  289. 5Paragraph 5
  290. 6Paragraph 6 Not yet in force
  291. County Courts Act 1984 (c.28)
  292. 7Paragraph 7
  293. 8Paragraph 8
  294. Schedule 8: Repeals
  295. IRepeal Coming into Force on Royal Assent
  296. IIRepeals Coming into Force Two Months After Royal Assent
  297. IIIRepeals Coming into Force on an Appointed Day
  298. Schedule 9: Transitional Provisions and Savings
  299. Imposition of disciplinary sanctions by Council of Law Society
  300. 1Paragraph 1
  301. Examination of solicitors’ files in connection with complaints
  302. 2Paragraph 2 Repealed
  303. Powers of lay observers and Tribunal in relation to inadequate professional services
  304. 3Paragraph 3
  305. Practising certificates
  306. 4Paragraph 4 Repealed
  307. Restriction on preparation of contracts of sale etc.
  308. 5Paragraph 5
  309. Restriction on preparation of papers for probate etc.
  310. 6Paragraph 6 Repealed
  311. Orders modifying provisions so as to apply to incorporated practices
  312. 7Paragraph 7
  313. Legal aid complaints
  314. 8Paragraph 8
  315. 9Paragraph 9
  316. Substitution or removal of personal representatives
  317. 10Paragraph 10
  318. Administrative and clerical expenses of garnishees
  319. 11Paragraph 11
  320. Register of county court judgments
  321. 12Paragraph 12
  322. Relief from forfeiture in county court
  323. 13Paragraph 13
  324. Time limits for actions for libel or slander
  325. 14Paragraph 14
  326. Appointment of arbitrator by court
  327. 15Paragraph 15 Repealed
  328. Limitation of damages against resident magistrates etc. in Northern Ireland
  329. 16Paragraph 16
  330. Increase of penalties under Solicitors Act 1974
  331. 17Paragraph 17