Administration of Justice Act 1985
1985 c. 61 · Enacted 30 October 1985 · Extends to United Kingdom
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
- Part I: Solicitors
- Solicitors’ discipline
- 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 2Examination of solicitors’ files in connection with complaints. Repealed
- 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Practising certificates
- 4Issue of practising certificates subject to conditions. Repealed
- 5Conditions imposed on current certificates.
- Restrictions applying to unqualified persons
- 6Preparation of conveyancing documents by unqualified persons. Repealed
- 7Preparation of papers for probate etc. by unqualified persons. Repealed
- Other amendments
- 8Other amendments of Solicitors Act 1974.
- Legal services bodies and sole solicitors’ practices
- 9Recognition of legal services bodies and of sole solicitors’ practices
- 9ALegal services bodies
- 10Penalty for pretending to be a body recognised under s. 9.
- 10APenalty for sole solicitor pretending that practice is recognised
- Part II: Licensed Conveyancing
- Preliminary
- 11Provision of conveyancing services by licensed conveyancers.
- The Council for Licensed Conveyancers
- 12Establishment of the Council.
- Training and licensing of persons seeking to practise as licensed conveyancers
- 13Training rules.
- 14Applications for licences.
- 15Issue of licences by Council.
- 16Conditional licences.
- 16AAdditional fee payable by certain persons when applying for licences
- 17Imposition of conditions during currency of licence.
- 17AVariation of conditions
- 18Suspension or termination of licences.
- 19Register of licensed conveyancers.
- Code of conduct
- 20Rules as to professional practice, conduct and discipline.
- Financial requirements
- 21Professional indemnity and compensation.
- 22Keeping of accounts and establishment of client accounts.
- 23Interest on clients’ money.
- Disciplinary and other proceedings
- 24Preliminary investigation of disciplinary cases.
- 24ADetermination of allegations by Investigating Committee
- 25The Discipline and Appeals Committee.
- 26Proceedings in disciplinary cases.
- 27Removal of disqualification from holding a licence.
- 28Revocation of licence on grounds of fraud or error.
- 29Appeals from decisions of Council in relation to licences.
- 30Supplementary provisions relating to disciplinary and other proceedings.
- Intervention by Council
- 31Intervention in licensed conveyancer’s practice and examination of files.
- Recognised bodies
- 32Provision of conveyancing or other services by recognised bodies.
- 32AConveyancing services bodies
- 32BCLC practitioner services bodies
- Miscellaneous and supplemental
- 33Legal professional privilege.
- 33AAdministration of oaths by licensed conveyancers or licensed CLC practitioners
- 34Modification of existing enactments relating to conveyancing etc.
- 35Penalty for pretending to be a licensed conveyancer or recognised body.
- 36Offences by bodies corporate.
- 37Service of documents.
- 38Rules.
- 39Interpretation of Part II.
- Part III: Legal Aid
- Legal aid complaints
- 40Legal aid complaints: preliminary.
- 41Application to legal aid complaints against barristers of disciplinary provisions.
- 42Exclusion of barristers from legal aid work.
- 43Jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors.
- 44Exclusion of solicitor from legal aid work.
- Advice and assistance
- 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Legal aid in criminal proceedings
- 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part IV: The Supreme Court and County Courts
- Proceedings relating to estates of deceased persons and trusts
- 47Power of High Court to make judgments binding on persons who are not parties.
- 48Power of High Court to authorise action to be taken in reliance on counsel’s opinion.
- 49Powers of High Court on compromise of probate action.
- 50Power of High Court to appoint substitute for, or to remove, personal representative.
- 51Amendments relating to jurisdiction of county courts and district probate registrars in probate proceedings.
- Garnishee proceedings
- 52Administrative and clerical expenses of garnishees.
- Reimbursement of costs
- 53Reimbursement of additional costs resulting from death or incapacity of presiding judge etc.
- Register of county court judgments
- 54Register of county court judgments. Repealed
- Relief from forfeiture in county court
- 55Power of county court to grant relief from forfeiture for non-payment of rent.
- Interpretation
- 56Interpretation of Part IV.
- Part V: Miscellaneous and Supplementary
- Miscellaneous
- 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 59Pensions Appeal Tribunals: provision for appeals by non-residents to be heard in Scotland or Northern Ireland.
- 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 61Constitution of [youth courts] in London.
- 62Amendments of Judicature (Northern Ireland) Act 1978.
- 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 64Northern Ireland rules of court with respect to disclosure of expert evidence etc.
- 65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Supplementary
- 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 67Consequential amendments and repeals.
- 68Extent: power to make corresponding provision for Northern Ireland.
- 69Short title, commencement, transitional provisions and savings.
- Schedule 1: Minor Amendments of Solicitors Act 1974
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9 Repealed
- 10Paragraph 10
- 11Paragraph 11 Repealed
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14 Repealed
- Schedule 2: Legal services practices: Supplementary Provisions
- Interpretation
- 1Paragraph 1
- Appeal against refusal of Society to grant recognition etc
- 2Paragraph 2
- Accounts rules
- 3Paragraph 3
- Interest on clients’ money
- 4Paragraph 4
- 4ZAParagraph 4ZA
- Inspection of bank accounts
- 4AParagraph 4A
- Accountants’ reports
- 5Paragraph 5
- 5AParagraph 5A
- Compensation Fund
- 6Paragraph 6
- Solicitor who is justice of the peace not to act in certain proceedings
- 7Paragraph 7
- 8Paragraph 8 Not yet in force
- Restriction on employment of person struck off roll or suspended
- 9Paragraph 9
- Failure to disclose fact of having been struck off or suspended
- 10Paragraph 10
- Control of employment of persons convicted of offences of dishonesty and certain other persons
- 11Paragraph 11 Repealed
- Offences in connection with orders under section 43(2) of the 1974 Act
- 12Paragraph 12 Repealed
- Powers of Council in respect of inadequate professional services
- 13Paragraph 13 Repealed
- information about suitatbility for recognition
- 14Paragraph 14
- 14ZAParagraph 14ZA
- Power to charge for costs of investigation
- 14AParagraph 14A
- Disciplinary powers of the Society
- 14BParagraph 14B
- 14CParagraph 14C
- Lay observers
- 15Paragraph 15 Repealed
- Complaints to Tribunal with respect to recognised bodies and recognised sole solicitor’s practice,
- 16Paragraph 16
- Procedure on applications and complaints
- 17Paragraph 17
- Powers of Tribunal with respect to recognised bodies
- 18Paragraph 18
- 18AParagraph 18A
- Powers of Tribunal in respect of inadequate professional services
- 19Paragraph 19 Repealed
- Powers of Tribunal in respect of legal aid complaints
- 20Paragraph 20
- Revocation of recognition by reason of default by director
- 21Paragraph 21
- Costs: general modification of provisions of Part III of 1974 Act
- 22Paragraph 22
- Orders as to remuneration for non-contentious business
- 23Paragraph 23
- Effect of contentious business agreements
- 24Paragraph 24
- Effect on contentious business agreement of supervening incapacity of recognised body to act for client
- 25Paragraph 25
- Assessments with respect to contentious business
- 26Paragraph 26
- Power of court to order delivery of bill of costs, etc.
- 27Paragraph 27
- Power of court to order recognised body to pay over clients’ money
- 28Paragraph 28
- Actions to recover costs
- 29Paragraph 29
- Power of Society to inspect files relating to certain proceedings
- 30Paragraph 30
- Bank accounts
- 31Paragraph 31
- 31AParagraph 31A
- Intervention by Society
- 32Paragraph 32
- 32AParagraph 32A
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Privilege from disclosure etc.
- 36Paragraph 36
- Modification of enactments relating to conveyancing etc.
- 37Paragraph 37
- Schedule 3: The Council for Licensed Conveyancers: Supplementary Provisions
- Status
- 1Paragraph 1
- Constitution
- 2Paragraph 2
- 3Paragraph 3 Repealed
- 4Paragraph 4
- Remuneration of members
- 5Paragraph 5
- Incidental powers
- 6Paragraph 6
- Officers and staff
- 7Paragraph 7
- Committees of the Council
- 8Paragraph 8 Repealed
- Proceedings
- 9Paragraph 9
- Expenses of Council
- 10Paragraph 10
- Accounts
- 11Paragraph 11
- Schedule 4: The Discipline and Appeals Committee: Supplementary Provisions
- Rules of procedure
- 1Paragraph 1
- Evidence etc.
- 2Paragraph 2
- 3Paragraph 3 Repealed
- Filing of orders of Committee
- 4Paragraph 4
- Schedule 5: Intervention in Licensed Conveyancer’s Practice
- Part I: Circumstances in which Council may Intervene
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part II: Powers Exercisable on Intervention
- Money
- 5Paragraph 5
- 6Paragraph 6
- 6AParagraph 6A
- 6BParagraph 6B
- 7Paragraph 7
- 8Paragraph 8
- Documents
- 9Paragraph 9
- Redirection of communications
- 10Paragraph 10
- Trusts
- 10AParagraph 10A
- General
- 11Paragraph 11
- 12Paragraph 12
- 12AParagraph 12A
- Schedule 6: Bodies Recognised under s.32: Supplementary Provisions
- Construction of references to recognised bodies
- 1Paragraph 1
- Disciplinary control of recognised bodies
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 5Paragraph 5
- Appeals against orders of the Committee
- 6Paragraph 6
- Revocation of recognition on grounds of fraud or error
- 7Paragraph 7
- Appeal against decision of Council in relation to grant of recognition
- 8Paragraph 8
- Rules of procedure, etc.
- 9Paragraph 9
- Intervention by Council
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Examination of files
- 14Paragraph 14
- Application of rules relating to accounts and interest on client’s money
- 15Paragraph 15 Repealed
- 16Paragraph 16
- Schedule 7: Consequential Amendments
- Legal Aid Act 1974 (c.4)
- 1Paragraph 1 Repealed
- Solicitors Act 1974 (c.47)
- 4Paragraph 4 Not yet in force
- 5Paragraph 5
- 6Paragraph 6 Not yet in force
- County Courts Act 1984 (c.28)
- 7Paragraph 7
- 8Paragraph 8
- Schedule 8: Repeals
- IRepeal Coming into Force on Royal Assent
- IIRepeals Coming into Force Two Months After Royal Assent
- IIIRepeals Coming into Force on an Appointed Day
- Schedule 9: Transitional Provisions and Savings
- Imposition of disciplinary sanctions by Council of Law Society
- 1Paragraph 1
- Examination of solicitors’ files in connection with complaints
- 2Paragraph 2 Repealed
- Powers of lay observers and Tribunal in relation to inadequate professional services
- 3Paragraph 3
- Practising certificates
- 4Paragraph 4 Repealed
- Restriction on preparation of contracts of sale etc.
- 5Paragraph 5
- Restriction on preparation of papers for probate etc.
- 6Paragraph 6 Repealed
- Orders modifying provisions so as to apply to incorporated practices
- 7Paragraph 7
- Legal aid complaints
- 8Paragraph 8
- 9Paragraph 9
- Substitution or removal of personal representatives
- 10Paragraph 10
- Administrative and clerical expenses of garnishees
- 11Paragraph 11
- Register of county court judgments
- 12Paragraph 12
- Relief from forfeiture in county court
- 13Paragraph 13
- Time limits for actions for libel or slander
- 14Paragraph 14
- Appointment of arbitrator by court
- 15Paragraph 15 Repealed
- Limitation of damages against resident magistrates etc. in Northern Ireland
- 16Paragraph 16
- Increase of penalties under Solicitors Act 1974
- 17Paragraph 17