Statute Law Repeals - Law Commission - Ministry of Justice

Queen’s Counsel
5.82 Application by barristers and solicitors for appointment to the rank of Queen’s
Counsel (QC) within England and Wales had, under the Access to Justice Act
1999, 55 to be made through the Lord Chancellor, 56 accompanied by a prescribed
fee.
5.83 From November 2006 onwards the appointment of Queen’s Counsel has been
handled by an independent body, Queen’s Counsel Appointments (supported by
a secretariat), which is separate from government and the professions. The
body’s selection panel makes recommendations for appointment.
5.84 Under the 1999 Act two fees Orders were made: one in 1999 (SI 1999 No. 2138)
and a second, superseding the first, in 2002 (SI 2002 No.2037). 57 The last
prescribed application fee was £720. For the year 2011/12 - under the current
arrangements - the initial fee payable is £1,950 plus VAT, with an additional fee
payable on grant of £3,500 plus VAT. The 2002 fees Order has not been
amended or revoked.
5.85 Section 45 of the 1999 Act, and the 2002 fees Order, have now been
superseded: accordingly section 45 may now be formally repealed. 58 Similarly,
the amending provision in Legal Services Act 2007, Sch 21 para 130 can also be
repealed.
55 1999 (c.22), s 45.
56 Reference in section 45 of the 1999 Act to the Lord Chancellor was replaced in 2003 by
reference to the Secretary of State under the Secretary of State for Constitutional Affairs
Order 2003 (SI 2003 No.1887), but reverted in 2007 to Lord Chancellor under the Legal
Services Act 2007 (c.29), s 208 and Sch 21 para 130.
57 The 2002 Order revoked the 1999 Order.
58
No express revocation of the 2002 fees Order is required – it will lapse automatically upon
the repeal of section 45.
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