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

• Citation: S.I. 1999/2657
• Sections: 9

Section 1 Citation and Interpretation

(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.

Section 2 Commencement of provisions in Access to Justice Act 1999

The following provisions of the Act shall come into force on 27th September 1999:

(a) in Part III, sections 36 (barristers and solicitors), 40 (rights to conduct litigation: barristers and legal executives) and 42 (overriding duties of advocates and litigators), paragraphs 6, 7, 9 and 10 of Schedule 6 and, so far as it relates to those paragraphs, section 43 (minor and consequential amendments), section 46 (Bar practising certificates), section 48 and Schedule 7 (Law Society’s powers in relation to conduct of solicitors etc ) and section 49 (powers of Legal Services Ombudsman);

(b) in Part IV, section 66 and Schedule 9 (enforcement of community orders) and, in the areas specified in Schedule 1 to this Order, section 67(2) (time limits where accused sent for trial);

(c) in Part V:

(i) to the extent that it inserts section 30B into the Justices of the Peace Act 1997 , section 83(1) (Greater London Magistrates' Courts Authority);

(ii) paragraph 11 of Schedule 12 and, so far as it relates to that paragraph, section 83(3); and

(iii) sections 88 (role of chief executives) and 89 (independence of clerks and staff exercising legal functions) and

(d) in Part VII:

(i) section 105;

(ii) the following provisions of Schedule 15 (repeals and revocations):

(a) in Part II, the repeal of, or (as the case may be) of words in, the provisions specified in Part I of Schedule 2 to this Order;

(b) Part IV; and

(c) in Part V(7), the repeal of sections 31(2) and 40(5) of, and paragraph 15 of Schedule 4 to, the Justices of the Peace Act 1997; and

(iii) section 106 so far as it relates to the provisions of Schedule 15 referred to in sub-paragraph (ii) above, and to those referred to in section 108(3)(f), apart from the provisions specified in section 108(4).

Section 3 Commencement of provisions in Access to Justice Act 1999

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

(a) section 53 (abolition of scriveners' monopoly);

(b) in Part II of Schedule 15, the repeal of, or (as the case may be) of words in, the provisions specified in Part II of Schedule 2 to this Order; and

(c) section 106 so far as it relates to the provisions of Schedule 15 referred to in sub-paragraph (b) above.

Section 4 Commencement of provisions in Access to Justice Act 1999

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

(a) section 79 (justices not to sit on committal for sentence); and

(b) Part V(4) of Schedule 15, and section 106, so far as it relates to that repeal.

Section 1

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

Section 1

Section 13 of the Public Notaries Act 1801 .

Section 2

In the Courts and Legal Services Act 1990 :

(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.

Section 2

Section 6 of the Public Notaries Act 1843 .

Section 3

In the Courts and Legal Services Act 1990:

(a) section 57(11);

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