Statutory Instrument 1999 No. 2657 (C. 65)

      The Access to Justice Act 1999 (Commencement No. 1) Order 1999


      © Crown Copyright 1999

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STATUTORY INSTRUMENTS


1999 No. 2657 (C. 65)

LEGAL SERVICES

LEGAL PROFESSION

NOTARIES PUBLIC

CRIMINAL LAW, ENGLAND AND WALES

MAGISTRATES' COURTS

The Access to Justice Act 1999 (Commencement No. 1) Order 1999

  Made 21st September 1999 

The Lord Chancellor, in exercise of the powers conferred on him by section 108(1) of the Access to Justice Act 1999[1], makes the following Order:

Citation and Interpretation
     1.  - (1) This Order may be cited as the Access to Justice Act 1999 (Commencement No. 1) Order 1999.

    (2) In this Order, "the Act" means the Access to Justice Act 1999 and, unless the context requires otherwise, references to a section, Part or Schedule by number alone mean the section, Part or Schedule so numbered in the Act.

Commencement of provisions in Access to Justice Act 1999
    
2. The following provisions of the Act shall come into force on 27th September 1999:

     3. The following provisions of the Act shall come into force on 1st November 1999:

     4. The following provisions of the Act shall come into force on 12th November 1999:



Signed by authority of the Lord Chancellor


Keith Vaz
Parliamentary Secretary Lord Chancellor's Department

21st September 1999



SCHEDULE 1
Article 2(b)


Areas in which section 67(2) comes into force


The petty sessions areas of: Aberconwy; Arfon; Blackburn, Darwen and Ribble Valley; Bromley; Burnley and Pendle; Colwyn; Corby; Croydon; Daventry; Denbighshire; Dwyfor; Flintshire; Gateshead; Kettering; Meirionnydd; Newcastle-under-Lyme and Pirehill North; Newcastle-upon-Tyne; Northampton; Rhuddlan; Staffordshire Moorlands; Stoke-on-Trent; Sutton; Towcester; Wellingborough; Wrexham Maelor; and Ynys Môn/Anglesey.



SCHEDULE 2


PART I

Repeals in Part II of Schedule 15 to come into force on 27th September 1999. Article 2(d)(ii)(a)

     1. Sections 32(4) and 87(1) of the Solicitors Act 1974[
3].

     2. In the Courts and Legal Services Act 1990[4]:

    (a) section 27(2), (3) and (6);

    (b) section 28(2), (3) and (5);

    (c) section 71(7) and (8);

    (d) Schedules 3 and 19.



PART II

Repeals in Part II of Schedule 15 to come into force on 1st November 1999. Article 3(b)

     1. Section 13 of the Public Notaries Act 1801[
5].

     2. Section 6 of the Public Notaries Act 1843[6].

     3. In the Courts and Legal Services Act 1990:

    (a) section 57(11);

    (b) section 113(1) and (10).



EXPLANATORY NOTE

(This note is not part of the Order)


This Order is the first commencement order made under the Access to Justice Act 1999 and brings various provisions of the Act into force on 27th September 1999, 1st November 1999 and 12th November 1999.

The provisions being brought into force on 27th September 1999 relate to:

Legal Services (Part III)
    Barristers and solicitors (section 36); rights to conduct litigation: barristers and legal executives (section 40); overriding duties of advocates and litigators (section 42); Bar practising certificates (section 46); Law Society's powers in relation to conduct of solicitors etc. (section 48 and Schedule 7); powers of legal Services Ombudsman (section 49);

Appeal's, courts, judges and court proceedings (Part IV)
Enforcement of community orders (section 66 and Schedule 9); time limits where accused sent for trial (section 67(2), which is brought into force only in those areas where section 51 of the Crime and Disorder Act 1998 is currently in force);

Magistrates and magistrates' courts (Part V)
Greater London Magistrates' Courts Authority (section 83, in part); role of chief executives (section 88); independence of clerks and staff exercising legal functions (section 89).

The provisions relating to abolition of the scriveners' monopoly (section 53) are brought into force on 1st November 1999, and those relating to justices not sitting on committals for sentence (section 79) are brought into force on 12th November 1999.

Certain other minor and consequential provisions are also brought into force.


Notes:

[1] 1999 c. 22.back

[2] 1997 c. 25.back

[3] 1974 c. 47.back

[4] 1990 c. 41.back

[5] 41 Geo. 3 c. 79.back

[6] 6 and 7 Vict. c. 90.back



ISBN 0 11 085294 X


 

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Prepared 27 September 1999