Office of Public Sector Information
PART III continued
(1) Section 39 of the [1974 c. 47.] Solicitors Act 1974 (which, in effect, prevents solicitors entering into partnership with persons who are not solicitors) shall cease to have effect.
(2) Nothing in subsection (1) prevents the Law Society making rules which prohibit solicitors from entering into any unincorporated association with persons who are not solicitors, or restrict the circumstances in which they may do so.
(3) Section 10 of the [1801 c. 79.] Public Notaries Act 1801 (which, in effect, prevents notaries entering into partnership with persons who are not notaries) shall cease to have effect.
(4) Nothing in subsection (3) prevents the Master of the Faculties making rules which prohibit notaries from entering into any unincorporated association with persons who are not notaries, or restrict the circumstances in which they may do so.
(5) It is hereby declared that no rule of common law prevents barristers from entering into any unincorporated association with persons who are not barristers.
(6) Nothing in subsection (5) prevents the General Council of the Bar from making rules which prohibit barristers from entering into any such unincorporated association, or restrict the circumstances in which they may do so.
—For section 83 of the [1981 c. 54.] Supreme Court Act 1981 (right of audience for solicitors) there shall be substituted the following section—
(1) The Lord Chancellor may at any time direct, as respects one or more specified places where the Crown Court sits, that solicitors, or such category of solicitors as may be specified in the direction, may have rights of audience in the Crown Court.
(2) Any such direction may be limited to apply only in relation to proceedings of a description specified in the direction.
(3) In considering whether to exercise his powers under this section the Lord Chancellor shall have regard, in particular, to the need to secure the availability of persons with rights of audience in the court or proceedings in question.
(4) Any direction under this section may be revoked by direction of the Lord Chancellor.
(5) Any direction under this section may be subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient.
(6) Any exercise by the Lord Chancellor of his power to give a direction under this section shall be with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor.”
(1) Section 22 of the [1974 c. 47] Solicitors Act 1974 (unqualified person not to prepare certain instruments) shall be amended as follows.
(2) In subsection (2) (persons exempt from subsection (1)), the following paragraphs shall be inserted after paragraph (a)—
“(aa) a registered trade mark agent drawing or preparing any instrument relating to any design, trade mark or service mark;
(ab) a registered patent agent drawing or preparing any instrument relating to any invention, design, technical information, trade mark or service mark.”
(3) The following subsection shall be inserted after subsection (3)—
“(3A) In subsection (2)—
“registered trade mark agent” has the same meaning as in section 282(1) of the [1988 c. 48.] Copyright, Designs and Patents Act 1988; and
“registered patent agent” has the same meaning as in section 275(1) of that Act.”
(1) Neither the Lord Chancellor nor any of the designated judges shall be liable in damages for anything done or omitted in the discharge or purported discharge of any of their functions under this Part.
(2) For the purposes of the law of defamation, the publication by the Lord Chancellor, a designated judge or the Director of any advice or reasons given by or to him in the exercise of functions under this Part shall be absolutely privileged.
(1) If any person does any act in the purported exercise of a right of audience, or right to conduct litigation, in relation to any proceedings or contemplated proceedings when he is not entitled to exercise that right he shall be guilty of an offence.
(2) If any person does any act in the purported exercise of any right granted to authorised practitioners by virtue of this Act when he is not an authorised practitioner he shall be guilty of an offence.
(3) If any person—
(a) wilfully pretends—
(i) to be entitled to exercise any right of audience in relation to any proceedings, or contemplated proceedings; or
(ii) to be entitled to exercise any right to conduct litigation in relation to any proceedings, or contemplated proceedings,
when he is not so entitled;
(b) wilfully pretends to be an authorised practitioner when he is not; or
(c) with the intention of implying falsely that he is so entitled, or is such a practitioner, takes or uses any name, title or description,
he shall be guilty of an offence.
(4) A person guilty of an offence under subsection (1) or (2) shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5) A person guilty of an offence under subsection (3) shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(6) A person guilty of an offence under this section, by virtue of subsection (1), shall also be guilty of contempt of the court concerned and may be punished accordingly.
(7) Subsection (8) applies where an offence under this section is committed by a body corporate.
(8) If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—
(a) any director, secretary or other similar officer of the body corporate; or
(b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Courts and Legal Services Act 1990