Office of Public Sector Information
SCHEDULE 10 continued
44 (1) In section 13(1) of the Justices of the Peace Act 1979 (appointment of stipendiary magistrates) for the words “barrister or solicitor of not less than seven years' standing” there shall be substituted “person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,”.
(2) In sections 31(2) and 34(1) of that Act (appointment of metropolitan stipendiary magistrates etc) for the words “is a barrister or solicitor of not less than seven years standing” there shall in each case be substituted “has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990”.
45 In section 26(1) of that Act (appointment of justices' clerk) for the words “is a barrister or solicitor of not less than five years' standing” there shall be substituted “has a 5 year magistrates' court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,”.
46 In section 13(5) of the Social Security Act 1980 (appointment of deputy Social Security Commissioner) for the words “barrister, advocate or solicitor of not less than” there shall be substituted “person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, or an advocate or solicitor in Scotland of at least 10 years standing, or a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least”.
47 In section 98(4) of the Supreme Court Act 1981 (appointment by certain senior judges of a legally qualified secretary) for the words “barrister or solicitor” there shall be substituted “person who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)”.
48 In section 131(1) of that Act (conveyancing counsel of the Supreme Court) for the words “conveyancing counsel in actual practice” to the end there shall be substituted “persons who have a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.”
49 For Schedule 2 to that Act (which sets out the persons eligible for appointment to certain offices in the Supreme Court) there shall be substituted—
References in this Schedule to a person having a general qualification shall be construed in accordance with section 71 of the Courts and Legal Services Act 1990.
| 1. Office | 2. Persons qualified |
|---|---|
| 1. Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery. | 1.— (1) A person who has a 10 year general qualification. (2) A civil servant who has served at least 5 years in the Lord Chancellor’s Department. |
| 2. Official Solicitor. | 2. A person who has a 10 year general qualification. |
| 1. Office | 2. Persons qualified |
|---|---|
| 3. Master, Queen’s Bench Division. | 3. A person who has a 7 year general qualification. |
| 4. Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals. | 4. A person who has a 10 year general qualification. |
| 5. Admiralty Registrar. | 5. A person who has a 7 year general qualification. |
| 6. Master, Chancery Division. | 6. A person who has a 7 year general qualification. |
| 7. Registrar in Bankruptcy of the High Court. | 7. A person who has a 7 year general qualification. |
| 8. Taxing Master of the Supreme Court. | 8. A person who has a 7 year general qualification. |
| 9. District judge of the principal registry of the Family Division. | 9.— (1) A person who has a 7 year general qualification. (2) A district probate registrar who either— (a) is of at least 5 years' standing; or (b) has, during so much of the 10 years immediately preceding his appointment as he has not been a district probate registrar, served as a civil servant in the principal registry or a district probate registry. (3) A civil servant who has served at least 10 years in the principal registry or a district probate registry. |
| 10. Registrar of Civil Appeals. | 10. A person who has a 10 year general qualification. |
| 11. Master of the Court of Protection. | 11. A person who has a 7 year general qualification. |
| 1. Office | 2. Persons qualified |
|---|---|
| 12. District probate registrar. | 12.— (1) A person who has a 5 year general qualification. (2) A civil servant who has served at least 5 years in the principal registry of the Family Division or a district probate registry.” |
50 (1) In section 130 of the Representation of the People Act 1983 (barristers qualified to constitute election court) in subsection (1) for the word “barrister” there shall be substituted “person”.
(2) In subsection (2) of that section—
(a) for the word “barrister” there shall be substituted “person”;
(b) for paragraph (a) there shall be substituted—
“(a) unless he has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or”; and
(c) for paragraph (b)(ii) there shall be substituted—
“(ii) in which he practises.”
(3) In subsection (3)(a) for the word “barristers” there shall be substituted “qualified persons”.
51 In section 102(3)(b) of the Mental Health Act 1983 (panel of Legal Visitors of patients) for the words “he is a barrister” to the end there shall be substituted “he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.”
52 (1) In paragraph 2(2) of Schedule 8 to the Value Added Tax Act 1983 (President of VAT Tribunals) for the words “a barrister, advocate or solicitor of not less than ten years' standing” there shall be substituted—
“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
(2) In paragraph 7(3A) of that Schedule (chairman of a VAT tribunal) for the words “a barrister or solicitor of not less than seven years' standing” there shall be substituted—
“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(b) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing”.
53 In paragraph 7(1) of Schedule 4 to the Medical Act 1983 (General Council to appoint legal assessors to advise Professional Conduct Committee, Health Committee and Preliminary Proceedings Committee) for the words “a barrister” to the end there shall be substituted—
“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
54 In Schedule 4 to the Pastoral Measure 1983 (compensation of clergy) in paragraph 15(1)(c) (constitution of Appeal Tribunal) for the words “are barristers at law or solicitors in England and Wales” there shall be substituted “have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)”.
55 (1) In section 4(5) of the Merchant Shipping Act 1984 (arbitrator) for paragraph (c) there shall be substituted—
“(c) a person falling within subsection (5A); or”.
(2) After that subsection there shall be inserted—
“(5A) For the purposes of subsection (5)(c) a person falls within this subsection if—
(a) he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) he is an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
56 In paragraph 5(1) of Schedule 3 to the Dentists Act 1984 (General Dental Council to appoint legal assessors to Professional Conduct Committee and Health Committee) for the words “a barrister” to the end there shall be substituted—
“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
57 In section 9 of the County Courts Act 1984 (appointment of district judges, assistants and deputies) for the words “he is a solicitor of at least 7 years' standing” there shall be substituted “he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.”
58 In section 3(4) of the Data Protection Act 1984 (members of tribunal) for the words from “barristers” to the end there shall be substituted—
“(a) persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) advocates or solicitors in Scotland of at least 7 years' standing; or
(c) members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of at least 7 years' standing.”
59 In paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (persons appointed to hear appeals from Reinstatement Committee) for the words “unless he is a barrister” to the end there shall be substituted “unless—
(a) he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) he is an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
60 In section 2(2) of the Prosecution of Offences Act 1985 (the Director of Public Prosecutions) for the words “barrister” to the end there shall be substituted “person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.”
61 (1) In section 1(3) of that Act (Crown Prosecutors) for the words “who is a barrister or solicitor” there shall be substituted “who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)”.
(2) In section 5(1) of that Act (conduct of prosecutions by barristers or solicitors) for the words from “who is” to “authority” there shall be substituted “who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)”.
62 In paragraph 1(1) of Schedule 1 to the Interception of Communications Act 1985 (members of tribunal) for the words from “a barrister” to the end there shall be substituted—
“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
63 In section 48(1) of the Administration of Justice Act 1985 (action taken in reliance on counsel’s opinion on matter of construction) for the words “barrister of at least ten years' standing” there shall be substituted “person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,”.
64 In paragraph 3(1) of Schedule 4 to that Act (barrister to advise Discipline and Appeals Committee) for the words “barrister” to the end there shall be substituted “person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.”
65 For paragraph 2(2) of Schedule 4 to the Transport Act 1985 (president and chairman of Transport Tribunal) there shall be substituted—
“(2) The president of the tribunal shall be—
(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(b) an advocate or solicitor in Scotland of at least 10 years' standing.
(2A) Each chairman shall be—
(a) a person who has a 7 year general qualification, within the meaning of that section; or
(b) an advocate or solicitor in Scotland of at least 7 years' standing.”
66 In section 12(5) of the Animals (Scientific Procedures) Act 1986 (person appointed to receive representations) for the words “a barrister, solicitor or advocate of at least 7 years' standing” there shall be substituted—
“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 7 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing,”.
67 In paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (members of the tribunal) for the words “are barristers, advocates or solicitors, in each case of at least 7 years' standing” there shall be substituted—
“(i) have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(ii) are advocates or solicitors in Scotland of at least 7 years' standing,”.
68 In section 47(3) of the Building Societies Act 1986 (chairman of appeal tribunal) for the words “a barrister, solicitor or advocate of at least seven years' standing” there shall be substituted—
“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 7 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing;”.
69 In section 28(3) of the Banking Act 1987 (chairman of appeal tribunal) for the words “a barrister, solicitor or advocate of at least seven years' standing” there shall be substituted—
“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 7 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing”.
70 In section 2(1) of the Coroners Act 1988 (appointment as coroner) for the words “unless he is a barrister, solicitor or” there shall be substituted “unless—
(a) he has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(b) he is a”.
71 (1) In paragraph 2(2) of Schedule 6 to the Criminal Justice Act 1988 (members of the Criminal Injuries Compensation Board) for the words from “if he is” to the end there shall be substituted “if—
(a) he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) he is an advocate or solicitor in Scotland; or
(c) he holds or has held judicial office in England and Wales;
(d) he holds or has held judicial office in Scotland.”
(2) For paragraphs 2(8)(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
“(a) in the case of a member who qualifies for appointment under sub-paragraph (2)(a) or (c), with the consent of the Lord Chancellor; and
(b) in the case of a member who qualifies for appointment under sub-paragraph (2)(b) or (d), with the consent of the Lord President of the Court of Session.”
72 (1) In Schedule 12 to that Act (appointment as assessor of compensation for miscarriages of justice) for paragraph 1(a) to (c) there shall be substituted—
“(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland;
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing;”.
(2) For paragraph 6(a) and (b) of that Schedule (requirement to obtain consent before removal from office) there shall be substituted—
“(a) in the case of a person who qualifies for appointment under paragraph 1(a) or (c), or paragraph 1(d) by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and
(b) in the case of a person who qualifies for appointment under paragraph 1(b), or paragraph 1(d) by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session.”
73 In section 145(3) of the Copyright, Designs and Patents Act 1988 (chairman of Copyright Tribunal) for the words from “unless he is a barrister” to the end there shall be substituted “unless—
(a) he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) he is an advocate or solicitor in Scotland of at least 7 years' standing;
(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing; or
(d) he has held judicial office.”
74 In paragraph 1 of Schedule 2 to the Security Service Act 1989 (members of tribunal) for the words from “a barrister” to the end there shall be substituted—
“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
75 In section 22(1) of the Opticians Act 1989 (assessor to Disciplinary Committee of the General Optical Council) for the words “a barrister” to the end there shall be substituted—
“(a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.”
Courts and Legal Services Act 1990