OpenLegislation

Courts and Legal Services Act 1990 in Northern Ireland

1990 c. 41 · Enacted 1 November 1990 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 58BinsertedAccess to Justice Act 1999 s. 28
s. 13repealedTribunals, Courts and Enforcement Act 2007 Sch. 16 para. 6 Sch. 23 Pt. 5

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]

E1Be 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

Extent

E1

For extent of this Act see s. 123

Contents

  1. Part I: Procedure etc. in Civil Courts
  2. 5Witness statements.
  3. 6Evidence given in arbitrations on small claims.
  4. Appeals
  5. 8Powers of Court of Appeal to award damages.
  6. 13Administration orders. Not yet in force
  7. 60AProcedural requirements relating to recommendations for the purposes of section 60
  8. 61Right of barrister to enter into contract for the provision of his services.
  9. 64Discrimination by, or in relation to, barristers.
  10. 66Multi-disciplinary and multi-national practices.
  11. Part III: Judicial and Other Offices and Judicial Pensions
  12. Judicial appointments
  13. 71Qualification for judicial and certain other appointments.
  14. Judicial pensions
  15. 79Widowers’ pensions.
  16. 80Widows’ and widowers’ pensions: supplemental.
  17. 81Transfer of accrued rights to and from judicial pension schemes. Not yet in force
  18. 82Voluntary contributions.
  19. 83Period of service to qualify for certain superannuation benefits.
  20. 84Abolition of abatement of salary rule for judges etc. Repealed
  21. 85Practising certificates for employed solicitors.
  22. 91Power of Law Society to intervene in solicitors’ practices.
  23. 92Functions of the Solicitors Disciplinary Tribunal.
  24. 95Appeals against refusal to restore solicitor’s name to roll under section 8 of the 1974 Act.
  25. 97Committees and sub-committees of the Council.
  26. 98Agreements with solicitors for payment by hourly rates.
  27. Part VI: Miscellaneous and Supplemental
  28. 104Tying-in arrangements in connection with residential property loans. Not yet in force
  29. 106Tying-in: offences. Not yet in force
  30. Miscellaneous
  31. 109Liability of resident magistrates etc. in Northern Ireland for damages and costs.
  32. 110Jurisdiction of the Parliamentary Commissioner for Administration.
  33. 116Provision with respect to the Children Act 1989.
  34. 118Functions of Treasury. Not yet in force
  35. Supplemental
  36. 121Financial provisions.
  37. 122Power to make corresponding provision for Northern Ireland.
  38. 123Extent.
  39. 124Commencement.
  40. 125Short title, minor and consequential amendments, transitionals and repeals.
  41. Schedule 1
  42. Parliamentary disqualification etc.
  43. 13Paragraph 13
  44. Schedule 3: The Legal Services Ombudsman Repealed
  45. 2Paragraph 2 Repealed
  46. Parliamentary disqualification et ceteralaetc. Repealed
  47. 8Paragraph 8 Repealed
  48. Schedule 5
  49. Parliamentary disqualification etc.
  50. 11Paragraph 11
  51. Part I: Additional Powers of Council for Licensed Conveyancers In Connection with Sections 27, 28, and 53
  52. General
  53. Qualification regulations and rules of conduct
  54. Applications for licences
  55. 3Paragraph 3
  56. Issue of licences
  57. Conditional licences
  58. Register of licensed conveyancers
  59. 6Paragraph 6
  60. Register of licensed CLC practitioners
  61. 6AParagraph 6A
  62. Code of conduct
  63. Effect of suspension or revocation
  64. 8Paragraph 8
  65. Removal of disqualification from holding a licence
  66. Revocation on grounds of error or fraud
  67. Recognised bodies
  68. Part II: Amendments of Provisions Relating to Powers of Council Etc.
  69. Delegation of powers etc.
  70. Council’s intervention powers
  71. Inadequate professional services
  72. Inadequate professional services: steps that may be taken
  73. Inadequate professional services: compensation
  74. Inadequate professional services: failure to comply with direction
  75. Inadequate professional services: fees
  76. Inadequate professional services: costs
  77. Duty of Discipline and Appeals Committee
  78. Power to examine files
  79. Interest on clients’ money
  80. Full and limited licences
  81. Cases in which conditions may be attached to licences
  82. 24Paragraph 24
  83. Schedule 10: Judicial and other Appointments
  84. Appellate Jurisdiction Act 1876 (c. 59)
  85. Lord of Appeal in Ordinary
  86. 1Paragraph 1
  87. Pensions Appeal Tribunal
  88. 2Paragraph 2
  89. Pensions Appeal Tribunals Act 1943 (c. 39)
  90. 5Paragraph 5 Repealed
  91. Lands Tribunal Act 1949 (c. 42)
  92. Lands Tribunal
  93. 7Paragraph 7 Repealed
  94. Wireless Telegraphy Act 1949 (c. 54)
  95. 8Paragraph 8
  96. 9Paragraph 9
  97. Courts-Martial Appeals Act 1951 (c. 46)
  98. Judge Advocate of the Fleet
  99. 10Paragraph 10
  100. Judge Advocate General etc
  101. 11Paragraph 11
  102. Agricultural Marketing Act 1958 (c. 47)
  103. Chairman of disciplinary committee
  104. 12Paragraph 12
  105. County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
  106. County Court Judge
  107. 13Paragraph 13
  108. Charities Act 1960 (c. 58)
  109. Charity Commissioner
  110. Professions Supplementary to Medicine Act 1960 (c. 66)
  111. Assessor to disciplinary committee
  112. 15Paragraph 15
  113. 16Paragraph 16
  114. 17Paragraph 17
  115. 18Paragraph 18
  116. 19Paragraph 19
  117. 20Paragraph 20
  118. Plant Varieties and Seeds Act 1964 (c. 14)
  119. Plant Variety Rights Tribunal
  120. 21Paragraph 21 Repealed
  121. 23Paragraph 23
  122. City of London Courts Act 1964 (c. iv)
  123. The Common Serjeant
  124. 24Paragraph 24 Repealed
  125. Law Commissions Act 1965 (c. 22)
  126. Law Commissioner
  127. 25Paragraph 25
  128. Veterinary Surgeons Act 1966 (c. 36)
  129. Assessor to disciplinary committee
  130. 28Paragraph 28
  131. Taxes Management Act 1970 (c. 9)
  132. Special Commissioner
  133. 30Paragraph 30
  134. Courts Act 1971 (c. 23)
  135. Misuse of Drugs Act 1971 (c. 38)
  136. 33Paragraph 33
  137. Immigration Act 1971 (c. 77)
  138. Immigration Appeal Tribunal
  139. 34Paragraph 34 Repealed
  140. Friendly Societies Act 1974 (c. 46)
  141. Assistant registrar of friendly societies
  142. 35Paragraph 35
  143. Social Security Act 1975 (c. 14)
  144. 38Paragraph 38
  145. Industry Act 1975 (c. 68)
  146. Arbitration Tribunal
  147. 39Paragraph 39
  148. Aircraft and Shipbuilding Industries Act 1977 (c. 3)
  149. Aircraft and Shipbuilding Industries Arbitration Tribunal
  150. 40Paragraph 40 Repealed
  151. Insurance Brokers (Registration) Act 1977 (c. 46)
  152. Assessor to Disciplinary Committee
  153. 41Paragraph 41
  154. National Health Service Act 1977 (c. 49)
  155. Nurses, Midwives and Health Visitors Act 1979 (c. 36)
  156. Assessors to the Central Council
  157. 43Paragraph 43 Repealed
  158. Social Security Act 1980 (c. 30)
  159. Deputy Social Security Commissioner
  160. 46Paragraph 46 Repealed
  161. Senior Courts Act 1981 (c. 54)
  162. 48Paragraph 48
  163. Representation of the People Act 1983 (c. 2)
  164. Mental Health Act 1983 (c. 20)
  165. 51Paragraph 51
  166. Value Added Tax Act 1983 (c. 55)
  167. VAT Tribunal
  168. 52Paragraph 52 Repealed
  169. Medical Act 1983 (c. 54)
  170. Legal Assessor to Committees
  171. 53Paragraph 53
  172. 54Paragraph 54
  173. Merchant Shipping Act 1984 (c. 5)
  174. Arbitrator
  175. 55Paragraph 55 Repealed
  176. Dentists Act 1984 (c. 24)
  177. Assessor to committees
  178. 56Paragraph 56
  179. County Courts Act 1984 (c. 28)
  180. Data Protection Act 1984 (c. 35)
  181. 58Paragraph 58 Repealed
  182. Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
  183. Umpire hearing appeals from Reinstatement Committee
  184. 59Paragraph 59
  185. 60Paragraph 60
  186. 61Paragraph 61
  187. Interception of Communications Act 1985 (c. 56)
  188. 62Paragraph 62 Repealed
  189. Administration of Justice Act 1985 (c. 61)
  190. 63Paragraph 63
  191. Transport Act 1985 (c. 67)
  192. 65Paragraph 65
  193. Animals (Scientific Procedures) Act 1986 (c. 14)
  194. 66Paragraph 66
  195. Insolvency Act 1986 (c. 45)
  196. Building Societies Act 1986 (c. 53)
  197. 68Paragraph 68
  198. Banking Act 1987 (c. 22)
  199. 69Paragraph 69
  200. 70Paragraph 70
  201. Criminal Justice Act 1988 (c. 33)
  202. 71Paragraph 71
  203. Assessor of compensation for miscarriages of justice
  204. 72Paragraph 72
  205. Copyright, Designs and Patents Act 1988 (c. 48)
  206. Copyright Tribunal
  207. 73Paragraph 73
  208. Security Service Act 1989 (c. 5)
  209. 74Paragraph 74 Repealed
  210. Opticians Act 1989 (c. 44)
  211. Assessor to Disciplinary Committee
  212. 75Paragraph 75
  213. Schedule 13Transfer of Accrued Benefits Not yet in force
  214. Part I: Registration
  215. General
  216. 2AParagraph 2A
  217. Duration of registration
  218. Evidence as to registration
  219. 4Paragraph 4
  220. Part II: Registered Foreign Lawyers:Supplementary Provisions
  221. Intervention in practices
  222. The Compensation Fund
  223. Contributions to the Fund
  224. Accountants’ reports
  225. Certification for purposes of investment business
  226. Effect of bankruptcy
  227. 10Paragraph 10
  228. Effect of disciplinary action
  229. 11Paragraph 11
  230. Re-instatement of disciplined foreign lawyer
  231. 12Paragraph 12
  232. Effective date of revived registration
  233. 13Paragraph 13
  234. Appeal against conditions or refusals
  235. Jurisdiction and powers of Disciplinary Tribunal
  236. Foreign lawyers assisting the Tribunal
  237. Appeals from Tribunal
  238. Schedule 16: Children Act 1989
  239. Part I: Amendment of Act and Other Enactments Affected
  240. 2Paragraph 2
  241. The Children and Young Persons Act 1969 (c. 54)
  242. 5Paragraph 5 Repealed
  243. 6Paragraph 6
  244. 8Paragraph 8
  245. 9Paragraph 9
  246. The Children Act 1989 (c. 41)
  247. 25Paragraph 25
  248. 33Paragraph 33
  249. Part II: Further Consequential Amendments
  250. The Maintenance Orders Act 1950 (c. 37)
  251. 35Paragraph 35
  252. 36Paragraph 36
  253. 37Paragraph 37
  254. 38Paragraph 38
  255. The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
  256. 39Paragraph 39
  257. 40Paragraph 40
  258. The Civil Jurisdiction and Judgments Act 1982 (c. 27)
  259. 41Paragraph 41
  260. 42Paragraph 42
  261. Schedule 17: Minor Amendments
  262. The Naval Agency and Distribution Act 1864 (c. 24)
  263. 1Paragraph 1 Repealed
  264. The Administration of Justice Act 1956 (c. 46)
  265. The Powers of Attorney Act 1971 (c. 27)
  266. 4Paragraph 4 Repealed
  267. 5Paragraph 5 Not yet in force
  268. The Magistrates’ Courts Act 1980 (c. 43)
  269. The Senior Courts Act 1981 (c. 54)
  270. The County Courts Act 1984 (c. 28)
  271. Schedule 18: Consequential Amendments
  272. The Public Records Act 1958 (c. 51)
  273. 1Paragraph 1
  274. The Tribunals and Inquiries Act 1971 (c. 62)
  275. 2Paragraph 2 Repealed
  276. The Matrimonial Causes Act 1973 (c.18)
  277. The Fair Trading Act 1973 (c.41) Not yet in force
  278. 4Paragraph 4 Not yet in force
  279. The Consumer Credit Act 1974 (c.39) Not yet in force
  280. 6Paragraph 6 Not yet in force
  281. The Solicitors Act 1974 (c. 47)
  282. The Restrictive Trade Practices Act 1976 (c.34) Not yet in force
  283. 19Paragraph 19 Not yet in force
  284. The Patents Act 1977 (c.37)
  285. 20Paragraph 20 Repealed
  286. The Estate Agents Act 1979 (c.38) Not yet in force
  287. 22Paragraph 22 Not yet in force
  288. The Competition Act 1980 (c.21) Not yet in force
  289. 23Paragraph 23 Not yet in force
  290. The Social Security Act 1980 (c. 30)
  291. 24Paragraph 24 Repealed
  292. The Magistrates’ Courts Act 1980 (c.43)
  293. The Judicial Pensions Act 1981 (c. 20)
  294. 26Paragraph 26
  295. 27Paragraph 27
  296. 28Paragraph 28
  297. 29Paragraph 29
  298. 30Paragraph 30
  299. 31Paragraph 31 Not yet in force
  300. 32Paragraph 32
  301. 33Paragraph 33
  302. 34Paragraph 34
  303. 35Paragraph 35
  304. The Senior Courts Act 1981 (c. 54)
  305. The County Courts Act 1984 (c. 28)
  306. The Matrimonial and Family Proceedings Act 1984 (c. 42)
  307. The Administration of Justice Act 1985 (c. 61)
  308. Schedule 19: Transitionals and Savings
  309. 1Paragraph 1
  310. 5Paragraph 5
  311. 6Paragraph 6
  312. 8Paragraph 8
  313. Judicial pensions
  314. 9Paragraph 9
  315. 10Paragraph 10
  316. 11Paragraph 11
  317. Immunity of magistrates etc.
  318. 16Paragraph 16
  319. Commissioners for Oaths
  320. 17Paragraph 17
  321. Schedule 20Repeals