OpenLegislation

Courts and Legal Services Act 1990 in Scotland

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. 5Witness statements.
  2. 6Evidence given in arbitrations on small claims.
  3. 8Powers of Court of Appeal to award damages.
  4. 13Administration orders. Not yet in force
  5. Part II: Legal Services
  6. 60AProcedural requirements relating to recommendations for the purposes of section 60
  7. 61Right of barrister to enter into contract for the provision of his services.
  8. 64Discrimination by, or in relation to, barristers.
  9. 65Discrimination by, or in relation to, advocates.
  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. 85Practising certificates for employed solicitors.
  21. 91Power of Law Society to intervene in solicitors’ practices.
  22. 92Functions of the Solicitors Disciplinary Tribunal.
  23. 95Appeals against refusal to restore solicitor’s name to roll under section 8 of the 1974 Act.
  24. 97Committees and sub-committees of the Council.
  25. 98Agreements with solicitors for payment by hourly rates.
  26. Part VI: Miscellaneous and Supplemental
  27. Tying-in Not yet in force
  28. 104Tying-in arrangements in connection with residential property loans. Not yet in force
  29. 105Tying-in arrangements: supplemental provisions. Not yet in force
  30. 106Tying-in: offences. Not yet in force
  31. 107Tying-in: enforcement. Not yet in force
  32. Miscellaneous
  33. 116Provision with respect to the Children Act 1989.
  34. Supplemental
  35. 123Extent.
  36. 124Commencement.
  37. 125Short title, minor and consequential amendments, transitionals and repeals.
  38. Schedule 1
  39. Parliamentary disqualification etc.
  40. 13Paragraph 13
  41. Schedule 3: The Legal Services Ombudsman Repealed
  42. 2Paragraph 2 Repealed
  43. Parliamentary disqualification et ceteralaetc. Repealed
  44. 8Paragraph 8 Repealed
  45. Schedule 5
  46. Parliamentary disqualification etc.
  47. 11Paragraph 11
  48. Part I: Additional Powers of Council for Licensed Conveyancers In Connection with Sections 27, 28, and 53
  49. General
  50. Qualification regulations and rules of conduct
  51. Applications for licences
  52. 3Paragraph 3
  53. Issue of licences
  54. Conditional licences
  55. Register of licensed conveyancers
  56. 6Paragraph 6
  57. Register of licensed CLC practitioners
  58. 6AParagraph 6A
  59. Code of conduct
  60. Effect of suspension or revocation
  61. 8Paragraph 8
  62. Removal of disqualification from holding a licence
  63. Revocation on grounds of error or fraud
  64. Recognised bodies
  65. Part II: Amendments of Provisions Relating to Powers of Council Etc.
  66. Delegation of powers etc.
  67. Council’s intervention powers
  68. Inadequate professional services
  69. Inadequate professional services: steps that may be taken
  70. Inadequate professional services: compensation
  71. Inadequate professional services: failure to comply with direction
  72. Inadequate professional services: fees
  73. Inadequate professional services: costs
  74. Duty of Discipline and Appeals Committee
  75. Power to examine files
  76. Interest on clients’ money
  77. Full and limited licences
  78. Cases in which conditions may be attached to licences
  79. 24Paragraph 24
  80. Schedule 10: Judicial and other Appointments
  81. Appellate Jurisdiction Act 1876 (c. 59)
  82. Lord of Appeal in Ordinary
  83. 1Paragraph 1
  84. Pensions Appeal Tribunal
  85. 2Paragraph 2
  86. Pensions Appeal Tribunals Act 1943 (c. 39)
  87. 5Paragraph 5 Repealed
  88. Lands Tribunal Act 1949 (c. 42)
  89. Lands Tribunal
  90. 7Paragraph 7 Repealed
  91. Wireless Telegraphy Act 1949 (c. 54)
  92. 8Paragraph 8
  93. National Health Service (Amendment) Act 1949 (c. 93)
  94. Arbitration committee
  95. 9Paragraph 9
  96. Courts-Martial Appeals Act 1951 (c. 46)
  97. Judge Advocate of the Fleet
  98. 10Paragraph 10
  99. Judge Advocate General etc
  100. 11Paragraph 11
  101. Agricultural Marketing Act 1958 (c. 47)
  102. Chairman of disciplinary committee
  103. 12Paragraph 12
  104. 13Paragraph 13
  105. Charities Act 1960 (c. 58)
  106. Charity Commissioner
  107. Professions Supplementary to Medicine Act 1960 (c. 66)
  108. Assessor to disciplinary committee
  109. 15Paragraph 15
  110. Betting Gaming and Lotteries Act 1963 (c. 2)
  111. Levy Appeal Tribunal
  112. 16Paragraph 16
  113. 17Paragraph 17
  114. 18Paragraph 18
  115. 19Paragraph 19
  116. 20Paragraph 20
  117. Plant Varieties and Seeds Act 1964 (c. 14)
  118. Plant Variety Rights Tribunal
  119. 21Paragraph 21 Repealed
  120. Police Act 1964 (c. 48)
  121. Hairdressers (Registration) Act 1964 (c. 89)
  122. Assessor to disciplinary committee
  123. 23Paragraph 23
  124. City of London Courts Act 1964 (c. iv)
  125. The Common Serjeant
  126. 24Paragraph 24 Repealed
  127. Law Commissions Act 1965 (c. 22)
  128. Law Commissioner
  129. 25Paragraph 25
  130. Veterinary Surgeons Act 1966 (c. 36)
  131. Assessor to disciplinary committee
  132. 28Paragraph 28
  133. Hearing Aid Council Act 1968 (c. 50)
  134. Assessor to Disciplinary Committee
  135. 29Paragraph 29 Repealed
  136. Taxes Management Act 1970 (c. 9)
  137. Special Commissioner
  138. 30Paragraph 30
  139. Courts Act 1971 (c. 23)
  140. Misuse of Drugs Act 1971 (c. 38)
  141. 33Paragraph 33
  142. Immigration Act 1971 (c. 77)
  143. Immigration Appeal Tribunal
  144. 34Paragraph 34 Repealed
  145. Friendly Societies Act 1974 (c. 46)
  146. Assistant registrar of friendly societies
  147. 35Paragraph 35
  148. Social Security Act 1975 (c. 14)
  149. Social Security Commissioner
  150. 36Paragraph 36 Repealed
  151. Social security appeal tribunal and medical appeal tribunal
  152. 37Paragraph 37 Repealed
  153. Farriers Registration Act 1975 (c. 35)
  154. Assessor to Disciplinary Committee
  155. 38Paragraph 38
  156. Industry Act 1975 (c. 68)
  157. Arbitration Tribunal
  158. 39Paragraph 39
  159. Aircraft and Shipbuilding Industries Act 1977 (c. 3)
  160. Aircraft and Shipbuilding Industries Arbitration Tribunal
  161. 40Paragraph 40 Repealed
  162. Insurance Brokers (Registration) Act 1977 (c. 46)
  163. Assessor to Disciplinary Committee
  164. 41Paragraph 41
  165. National Health Service Act 1977 (c. 49)
  166. Nurses, Midwives and Health Visitors Act 1979 (c. 36)
  167. Assessors to the Central Council
  168. 43Paragraph 43 Repealed
  169. Social Security Act 1980 (c. 30)
  170. Deputy Social Security Commissioner
  171. 46Paragraph 46 Repealed
  172. Senior Courts Act 1981 (c. 54)
  173. 48Paragraph 48
  174. Representation of the People Act 1983 (c. 2)
  175. Mental Health Act 1983 (c. 20)
  176. 51Paragraph 51
  177. Value Added Tax Act 1983 (c. 55)
  178. VAT Tribunal
  179. 52Paragraph 52 Repealed
  180. Medical Act 1983 (c. 54)
  181. Legal Assessor to Committees
  182. 53Paragraph 53
  183. 54Paragraph 54
  184. Merchant Shipping Act 1984 (c. 5)
  185. Arbitrator
  186. 55Paragraph 55 Repealed
  187. Dentists Act 1984 (c. 24)
  188. Assessor to committees
  189. 56Paragraph 56
  190. County Courts Act 1984 (c. 28)
  191. Data Protection Act 1984 (c. 35)
  192. 58Paragraph 58 Repealed
  193. Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
  194. Umpire hearing appeals from Reinstatement Committee
  195. 59Paragraph 59
  196. 60Paragraph 60
  197. 61Paragraph 61
  198. Interception of Communications Act 1985 (c. 56)
  199. 62Paragraph 62 Repealed
  200. Administration of Justice Act 1985 (c. 61)
  201. 63Paragraph 63
  202. Transport Act 1985 (c. 67)
  203. Transport Tribunal
  204. 65Paragraph 65
  205. Animals (Scientific Procedures) Act 1986 (c. 14)
  206. 66Paragraph 66
  207. Insolvency Act 1986 (c. 45)
  208. Building Societies Act 1986 (c. 53)
  209. 68Paragraph 68
  210. Banking Act 1987 (c. 22)
  211. 69Paragraph 69
  212. 70Paragraph 70
  213. Criminal Justice Act 1988 (c. 33)
  214. Criminal Injuries Compensation Board
  215. 71Paragraph 71
  216. Assessor of compensation for miscarriages of justice
  217. 72Paragraph 72
  218. Copyright, Designs and Patents Act 1988 (c. 48)
  219. Copyright Tribunal
  220. 73Paragraph 73
  221. Security Service Act 1989 (c. 5)
  222. 74Paragraph 74 Repealed
  223. Opticians Act 1989 (c. 44)
  224. Assessor to Disciplinary Committee
  225. 75Paragraph 75
  226. Part I: Registration
  227. General
  228. 2AParagraph 2A
  229. Duration of registration
  230. Evidence as to registration
  231. 4Paragraph 4
  232. Part II: Registered Foreign Lawyers:Supplementary Provisions
  233. Intervention in practices
  234. The Compensation Fund
  235. Contributions to the Fund
  236. Accountants’ reports
  237. Certification for purposes of investment business
  238. Effect of bankruptcy
  239. 10Paragraph 10
  240. Effect of disciplinary action
  241. 11Paragraph 11
  242. Re-instatement of disciplined foreign lawyer
  243. 12Paragraph 12
  244. Effective date of revived registration
  245. 13Paragraph 13
  246. Appeal against conditions or refusals
  247. Jurisdiction and powers of Disciplinary Tribunal
  248. Foreign lawyers assisting the Tribunal
  249. Appeals from Tribunal
  250. Schedule 16: Children Act 1989
  251. Part I: Amendment of Act and Other Enactments Affected
  252. 2Paragraph 2
  253. The Children and Young Persons Act 1969 (c. 54)
  254. 5Paragraph 5 Repealed
  255. 6Paragraph 6
  256. 8Paragraph 8
  257. 9Paragraph 9
  258. The Children Act 1989 (c. 41)
  259. Part II: Further Consequential Amendments
  260. The Maintenance Orders Act 1950 (c. 37)
  261. 34Paragraph 34
  262. 35Paragraph 35
  263. The Social Work (Scotland) Act 1968 (c. 49)
  264. 36Paragraph 36
  265. 37Paragraph 37
  266. 38Paragraph 38
  267. The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
  268. 39Paragraph 39
  269. 40Paragraph 40
  270. The Civil Jurisdiction and Judgments Act 1982 (c. 27)
  271. 41Paragraph 41
  272. The Mental Health Act 1983 (c.20)
  273. 42Paragraph 42
  274. Schedule 17: Minor Amendments
  275. The Naval Agency and Distribution Act 1864 (c. 24)
  276. 1Paragraph 1 Repealed
  277. The Administration of Justice Act 1956 (c. 46)
  278. 5Paragraph 5 Not yet in force
  279. The Public Records Act 1958 (c. 51)
  280. 1Paragraph 1
  281. The Tribunals and Inquiries Act 1971 (c. 62)
  282. The Matrimonial Causes Act 1973 (c.18)
  283. The Fair Trading Act 1973 (c.41) Not yet in force
  284. The Consumer Credit Act 1974 (c.39) Not yet in force
  285. The Restrictive Trade Practices Act 1976 (c.34) Not yet in force
  286. 19Paragraph 19 Not yet in force
  287. The Patents Act 1977 (c.37)
  288. The Estate Agents Act 1979 (c.38) Not yet in force
  289. The Competition Act 1980 (c.21) Not yet in force
  290. The Social Security Act 1980 (c. 30)
  291. The Magistrates’ Courts Act 1980 (c.43)
  292. 26Paragraph 26
  293. 27Paragraph 27
  294. 28Paragraph 28
  295. 29Paragraph 29
  296. 30Paragraph 30
  297. 31Paragraph 31 Not yet in force
  298. 32Paragraph 32
  299. 33Paragraph 33
  300. 34Paragraph 34
  301. 35Paragraph 35
  302. The County Courts Act 1984 (c. 28)
  303. The Matrimonial and Family Proceedings Act 1984 (c. 42)
  304. 1Paragraph 1
  305. 5Paragraph 5
  306. 6Paragraph 6
  307. 8Paragraph 8
  308. 9Paragraph 9
  309. 11Paragraph 11
  310. Immunity of magistrates etc.
  311. 16Paragraph 16
  312. Schedule 20Repeals