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Access to Justice Act 1999

1999 CHAPTER 22

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Legal Services Commission

    1. Commission

      1. 1. Legal Services Commission.

      2. 2. Power to replace Commission with two bodies.

      3. 3. Powers of Commission.

    2. Community Legal Service

      1. 4. Community Legal Service.

      2. 5. Funding of services.

      3. 6. Services which may be funded.

      4. 7. Individuals for whom services may be funded.

      5. 8. Code about provision of funded services.

      6. 9. Procedure relating to funding code.

      7. 10. Terms of provision of funded services.

      8. 11. Costs in funded cases.

    3. Criminal Defence Service

      1. 12. Criminal Defence Service.

      2. 13. Advice and assistance.

      3. 14. Representation.

      4. 15. Selection of representative.

      5. 16. Code of conduct.

      6. 17. Terms of provision of funded services.

      7. 18. Funding.

    4. Supplementary

      1. 19. Foreign law.

      2. 20. Restriction of disclosure of information.

      3. 21. Misrepresentation etc.

      4. 22. Position of service providers and other parties etc.

      5. 23. Guidance.

      6. 24. Consequential amendments.

      7. 25. Orders, regulations and directions.

      8. 26. Interpretation.

  2. Part II

    Other funding of legal services

    1. Conditional fee and litigation funding agreements

      1. 27. Conditional fee agreements.

      2. 28. Litigation funding agreements.

    2. Costs

      1. 29. Recovery of insurance premiums by way of costs.

      2. 30. Recovery where body undertakes to meet costs liabilities.

      3. 31. Rules as to costs.

    3. Legal aid in Scotland

      1. 32. Regulations about financial limits in certain proceedings.

      2. 33. Recipients of disabled person’s tax credit.

      3. 34. References by Scottish Criminal Cases Review Commission.

  3. Part III

    Provision of legal services

    1. Legal Services Consultative Panel

      1. 35. Replacement of ACLEC by Consultative Panel.

    2. Rights of audience and rights to conduct litigation

      1. 36. Barristers and solicitors.

      2. 37. Rights of audience: employed advocates.

      3. 38. Employees of Legal Services Commission.

      4. 39. Rights of audience: change of authorised body.

      5. 40. Rights to conduct litigation: barristers and legal executives.

      6. 41. Authorised bodies: designation and regulations and rules.

      7. 42. Overriding duties of advocates and litigators.

      8. 43. Minor and consequential amendments.

    3. Barristers and solicitors

      1. 44. Barristers employed by solicitors etc.

      2. 45. Fees on application for appointment as Queen’s Counsel.

      3. 46. Bar practising certificates.

      4. 47. Fees for solicitors' practising certificates.

      5. 48. Law Society’s powers in relation to conduct of solicitors etc.

    4. Legal Services Ombudsman

      1. 49. Powers of Ombudsman.

      2. 50. Funding of Ombudsman by professional bodies.

    5. Legal Services Complaints Commissioner

      1. 51. Commissioner.

      2. 52. Commissioner’s functions.

    6. Public notaries

      1. 53. Abolition of scriveners' monopoly.

  4. Part IV

    Appeals, courts, judges and court proceedings

    1. Appeals

      1. 54. Permission to appeal.

      2. 55. Second appeals.

      3. 56. Power to prescribe alternative destination of appeals.

      4. 57. Assignment of appeals to Court of Appeal.

      5. 58. Criminal appeals: minor amendments.

    2. Civil division of Court of Appeal

      1. 59. Composition.

      2. 60. Calling into question of incidental decisions.

    3. High Court

      1. 61. Cases stated by Crown Court.

      2. 62. Power to vary committal in default.

      3. 63. Criminal causes and matters.

      4. 64. Contempt of court.

      5. 65. Habeas corpus.

    4. Crown Court

      1. 66. Enforcement of community orders.

      2. 67. Time limits where accused sent for trial.

    5. Judges etc.

      1. 68. Judges holding office in European or international courts.

      2. 69. Vice-president of Queen’s Bench Division.

      3. 70. Registrar of civil appeals.

    6. Court proceedings

      1. 71. Adjournment of inquest in event of judicial inquiry.

      2. 72. Reporting of proceedings relating to children.

      3. 73. Power to allow children to attend criminal proceedings.

  5. Part V

    Magistrates and magistrates' courts

    1. Territorial organisation

      1. 74. Commission areas.

      2. 75. Petty sessions areas.

      3. 76. Areas: consequential provision.

      4. 77. Youth courts.

    2. Justices

      1. 78. Unification and renaming of stipendiary bench.

      2. 79. Justices not to sit on committal for sentence.

      3. 80. Jurisdiction over offences outside area.

    3. Magistrates' courts committees

      1. 81. Areas outside Greater London.

      2. 82. Constitution of committees outside Greater London.

      3. 83. Greater London Magistrates' Courts Authority.

      4. 84. Standard goods and services.

      5. 85. Power to direct implementation of inspectors' recommendations.

      6. 86. Code of conduct.

    4. Justices' chief executives, justices' clerks and staff

      1. 87. Qualification for appointment as chief executive.

      2. 88. Role of chief executives.

      3. 89. Independence of clerks and staff exercising legal functions.

      4. 90. Transfer of clerks' functions to chief executives.

      5. 91. Accounting etc. functions of chief executives.

    5. Execution of warrants

      1. 92. Civilian enforcement officers.

      2. 93. Approved enforcement agencies.

      3. 94. Disclosure of information for enforcing warrants.

      4. 95. Warrants of detention.

      5. 96. Execution by person not in possession of warrant.

      6. 97. Cessation of warrants.

  6. Part VI

    Immunity and indemnity

    1. Justices and their clerks

      1. 98. Justices and clerks: immunity from costs.

      2. 99. Justices and clerks: indemnity.

      3. 100. Assistant justices' clerks: immunity from action.

    2. General Commissioners of income tax and their clerks

      1. 101. General Commissioners: immunity from action.

      2. 102. General Commissioners: immunity from costs and expenses.

      3. 103. General Commissioners and clerks: indemnity.

    3. Coroners

      1. 104. Indemnity.

  7. Part VII

    Supplementary

    1. 105. Transitional provisions and savings.

    2. 106. Repeals and revocations.

    3. 107. Crown application.

    4. 108. Commencement.

    5. 109. Extent.

    6. 110. Short title.

  8. Schedules:

    1. Schedule 1

      Legal Services Commission.

    2. Schedule 2

      Community Legal Service: excluded services.

    3. Schedule 3

      Criminal Defence Service: right to representation.

    4. Schedule 4

      Amendments consequential on Part I.

    5. Schedule 5

      Authorised bodies: designation and regulations and rules.

    6. Schedule 6

      Rights of audience and rights to conduct litigation.

    7. Schedule 7

      Powers of Law Society.

    8. Schedule 8

      Legal Services Complaints Commissioner.

    9. Schedule 9

      Enforcement of community orders.

    10. Schedule 10

      Commission areas and petty sessions areas.

    11. Schedule 11

      Unification and renaming of stipendiary bench.

    12. Schedule 12

      Greater London Magistrates' Courts Authority.

    13. Schedule 13

      Functions transferred to justices' chief executives.

    14. Schedule 14

      Transitional provisions and savings.

      1. Part I

        General.

      2. Part II

        Legal Services Commission.

      3. Part III

        Legal services.

      4. Part IV

        Reporting of proceedings about children.

      5. Part V

        Magistrates and magistrates' courts.

    15. Schedule 15

      Repeals and revocations.

      1. Part I

        Legal Services Commission.

      2. Part II

        Provision of legal services.

      3. Part III

        Appeals, courts, judges and court proceedings.

      4. Part IV

        Enforcement of community orders.

      5. Part V

        Magistrates and magistrates' courts.

      6. Part VI

        Immunity and indemnity.

An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.

[27th July 1999]

Be 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:—

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