Courts and Legal Services Act 1990 in Scotland
1990 c. 41 · Enacted 1 November 1990 · Extends to United Kingdom
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
- 5Witness statements.
- 6Evidence given in arbitrations on small claims.
- 8Powers of Court of Appeal to award damages.
- 13Administration orders. Not yet in force
- Part II: Legal Services
- 60AProcedural requirements relating to recommendations for the purposes of section 60
- 61Right of barrister to enter into contract for the provision of his services.
- 64Discrimination by, or in relation to, barristers.
- 65Discrimination by, or in relation to, advocates.
- 66Multi-disciplinary and multi-national practices.
- Part III: Judicial and Other Offices and Judicial Pensions
- Judicial appointments
- 71Qualification for judicial and certain other appointments.
- Judicial pensions
- 79Widowers’ pensions.
- 80Widows’ and widowers’ pensions: supplemental.
- 81Transfer of accrued rights to and from judicial pension schemes. Not yet in force
- 82Voluntary contributions.
- 83Period of service to qualify for certain superannuation benefits.
- 85Practising certificates for employed solicitors.
- 91Power of Law Society to intervene in solicitors’ practices.
- 92Functions of the Solicitors Disciplinary Tribunal.
- 95Appeals against refusal to restore solicitor’s name to roll under section 8 of the 1974 Act.
- 97Committees and sub-committees of the Council.
- 98Agreements with solicitors for payment by hourly rates.
- Part VI: Miscellaneous and Supplemental
- Tying-in Not yet in force
- 104Tying-in arrangements in connection with residential property loans. Not yet in force
- 105Tying-in arrangements: supplemental provisions. Not yet in force
- 106Tying-in: offences. Not yet in force
- 107Tying-in: enforcement. Not yet in force
- Miscellaneous
- 116Provision with respect to the Children Act 1989.
- Supplemental
- 123Extent.
- 124Commencement.
- 125Short title, minor and consequential amendments, transitionals and repeals.
- Schedule 1
- Parliamentary disqualification etc.
- 13Paragraph 13
- Schedule 3: The Legal Services Ombudsman Repealed
- 2Paragraph 2 Repealed
- Parliamentary disqualification et ceteralaetc. Repealed
- 8Paragraph 8 Repealed
- Schedule 5
- Parliamentary disqualification etc.
- 11Paragraph 11
- Part I: Additional Powers of Council for Licensed Conveyancers In Connection with Sections 27, 28, and 53
- General
- Qualification regulations and rules of conduct
- Applications for licences
- 3Paragraph 3
- Issue of licences
- Conditional licences
- Register of licensed conveyancers
- 6Paragraph 6
- Register of licensed CLC practitioners
- 6AParagraph 6A
- Code of conduct
- Effect of suspension or revocation
- 8Paragraph 8
- Removal of disqualification from holding a licence
- Revocation on grounds of error or fraud
- Recognised bodies
- Part II: Amendments of Provisions Relating to Powers of Council Etc.
- Delegation of powers etc.
- Council’s intervention powers
- Inadequate professional services
- Inadequate professional services: steps that may be taken
- Inadequate professional services: compensation
- Inadequate professional services: failure to comply with direction
- Inadequate professional services: fees
- Inadequate professional services: costs
- Duty of Discipline and Appeals Committee
- Power to examine files
- Interest on clients’ money
- Full and limited licences
- Cases in which conditions may be attached to licences
- 24Paragraph 24
- Schedule 10: Judicial and other Appointments
- Appellate Jurisdiction Act 1876 (c. 59)
- Lord of Appeal in Ordinary
- 1Paragraph 1
- Pensions Appeal Tribunal
- 2Paragraph 2
- Pensions Appeal Tribunals Act 1943 (c. 39)
- 5Paragraph 5 Repealed
- Lands Tribunal Act 1949 (c. 42)
- Lands Tribunal
- 7Paragraph 7 Repealed
- Wireless Telegraphy Act 1949 (c. 54)
- 8Paragraph 8
- National Health Service (Amendment) Act 1949 (c. 93)
- Arbitration committee
- 9Paragraph 9
- Courts-Martial Appeals Act 1951 (c. 46)
- Judge Advocate of the Fleet
- 10Paragraph 10
- Judge Advocate General etc
- 11Paragraph 11
- Agricultural Marketing Act 1958 (c. 47)
- Chairman of disciplinary committee
- 12Paragraph 12
- 13Paragraph 13
- Charities Act 1960 (c. 58)
- Charity Commissioner
- Professions Supplementary to Medicine Act 1960 (c. 66)
- Assessor to disciplinary committee
- 15Paragraph 15
- Betting Gaming and Lotteries Act 1963 (c. 2)
- Levy Appeal Tribunal
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Plant Varieties and Seeds Act 1964 (c. 14)
- Plant Variety Rights Tribunal
- 21Paragraph 21 Repealed
- Police Act 1964 (c. 48)
- Hairdressers (Registration) Act 1964 (c. 89)
- Assessor to disciplinary committee
- 23Paragraph 23
- City of London Courts Act 1964 (c. iv)
- The Common Serjeant
- 24Paragraph 24 Repealed
- Law Commissions Act 1965 (c. 22)
- Law Commissioner
- 25Paragraph 25
- Veterinary Surgeons Act 1966 (c. 36)
- Assessor to disciplinary committee
- 28Paragraph 28
- Hearing Aid Council Act 1968 (c. 50)
- Assessor to Disciplinary Committee
- 29Paragraph 29 Repealed
- Taxes Management Act 1970 (c. 9)
- Special Commissioner
- 30Paragraph 30
- Courts Act 1971 (c. 23)
- Misuse of Drugs Act 1971 (c. 38)
- 33Paragraph 33
- Immigration Act 1971 (c. 77)
- Immigration Appeal Tribunal
- 34Paragraph 34 Repealed
- Friendly Societies Act 1974 (c. 46)
- Assistant registrar of friendly societies
- 35Paragraph 35
- Social Security Act 1975 (c. 14)
- Social Security Commissioner
- 36Paragraph 36 Repealed
- Social security appeal tribunal and medical appeal tribunal
- 37Paragraph 37 Repealed
- Farriers Registration Act 1975 (c. 35)
- Assessor to Disciplinary Committee
- 38Paragraph 38
- Industry Act 1975 (c. 68)
- Arbitration Tribunal
- 39Paragraph 39
- Aircraft and Shipbuilding Industries Act 1977 (c. 3)
- Aircraft and Shipbuilding Industries Arbitration Tribunal
- 40Paragraph 40 Repealed
- Insurance Brokers (Registration) Act 1977 (c. 46)
- Assessor to Disciplinary Committee
- 41Paragraph 41
- National Health Service Act 1977 (c. 49)
- Nurses, Midwives and Health Visitors Act 1979 (c. 36)
- Assessors to the Central Council
- 43Paragraph 43 Repealed
- Social Security Act 1980 (c. 30)
- Deputy Social Security Commissioner
- 46Paragraph 46 Repealed
- Senior Courts Act 1981 (c. 54)
- 48Paragraph 48
- Representation of the People Act 1983 (c. 2)
- Mental Health Act 1983 (c. 20)
- 51Paragraph 51
- Value Added Tax Act 1983 (c. 55)
- VAT Tribunal
- 52Paragraph 52 Repealed
- Medical Act 1983 (c. 54)
- Legal Assessor to Committees
- 53Paragraph 53
- 54Paragraph 54
- Merchant Shipping Act 1984 (c. 5)
- Arbitrator
- 55Paragraph 55 Repealed
- Dentists Act 1984 (c. 24)
- Assessor to committees
- 56Paragraph 56
- County Courts Act 1984 (c. 28)
- Data Protection Act 1984 (c. 35)
- 58Paragraph 58 Repealed
- Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
- Umpire hearing appeals from Reinstatement Committee
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- Interception of Communications Act 1985 (c. 56)
- 62Paragraph 62 Repealed
- Administration of Justice Act 1985 (c. 61)
- 63Paragraph 63
- Transport Act 1985 (c. 67)
- Transport Tribunal
- 65Paragraph 65
- Animals (Scientific Procedures) Act 1986 (c. 14)
- 66Paragraph 66
- Insolvency Act 1986 (c. 45)
- Building Societies Act 1986 (c. 53)
- 68Paragraph 68
- Banking Act 1987 (c. 22)
- 69Paragraph 69
- 70Paragraph 70
- Criminal Justice Act 1988 (c. 33)
- Criminal Injuries Compensation Board
- 71Paragraph 71
- Assessor of compensation for miscarriages of justice
- 72Paragraph 72
- Copyright, Designs and Patents Act 1988 (c. 48)
- Copyright Tribunal
- 73Paragraph 73
- Security Service Act 1989 (c. 5)
- 74Paragraph 74 Repealed
- Opticians Act 1989 (c. 44)
- Assessor to Disciplinary Committee
- 75Paragraph 75
- Part I: Registration
- General
- 2AParagraph 2A
- Duration of registration
- Evidence as to registration
- 4Paragraph 4
- Part II: Registered Foreign Lawyers:Supplementary Provisions
- Intervention in practices
- The Compensation Fund
- Contributions to the Fund
- Accountants’ reports
- Certification for purposes of investment business
- Effect of bankruptcy
- 10Paragraph 10
- Effect of disciplinary action
- 11Paragraph 11
- Re-instatement of disciplined foreign lawyer
- 12Paragraph 12
- Effective date of revived registration
- 13Paragraph 13
- Appeal against conditions or refusals
- Jurisdiction and powers of Disciplinary Tribunal
- Foreign lawyers assisting the Tribunal
- Appeals from Tribunal
- Schedule 16: Children Act 1989
- Part I: Amendment of Act and Other Enactments Affected
- 2Paragraph 2
- The Children and Young Persons Act 1969 (c. 54)
- 5Paragraph 5 Repealed
- 6Paragraph 6
- 8Paragraph 8
- 9Paragraph 9
- The Children Act 1989 (c. 41)
- Part II: Further Consequential Amendments
- The Maintenance Orders Act 1950 (c. 37)
- 34Paragraph 34
- 35Paragraph 35
- The Social Work (Scotland) Act 1968 (c. 49)
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
- 39Paragraph 39
- 40Paragraph 40
- The Civil Jurisdiction and Judgments Act 1982 (c. 27)
- 41Paragraph 41
- The Mental Health Act 1983 (c.20)
- 42Paragraph 42
- Schedule 17: Minor Amendments
- The Naval Agency and Distribution Act 1864 (c. 24)
- 1Paragraph 1 Repealed
- The Administration of Justice Act 1956 (c. 46)
- 5Paragraph 5 Not yet in force
- The Public Records Act 1958 (c. 51)
- 1Paragraph 1
- The Tribunals and Inquiries Act 1971 (c. 62)
- The Matrimonial Causes Act 1973 (c.18)
- The Fair Trading Act 1973 (c.41) Not yet in force
- The Consumer Credit Act 1974 (c.39) Not yet in force
- The Restrictive Trade Practices Act 1976 (c.34) Not yet in force
- 19Paragraph 19 Not yet in force
- The Patents Act 1977 (c.37)
- The Estate Agents Act 1979 (c.38) Not yet in force
- The Competition Act 1980 (c.21) Not yet in force
- The Social Security Act 1980 (c. 30)
- The Magistrates’ Courts Act 1980 (c.43)
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31 Not yet in force
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- The County Courts Act 1984 (c. 28)
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- 1Paragraph 1
- 5Paragraph 5
- 6Paragraph 6
- 8Paragraph 8
- 9Paragraph 9
- 11Paragraph 11
- Immunity of magistrates etc.
- 16Paragraph 16
- Schedule 20Repeals