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The Conditional Fee Agreements (Revocation) Regulations 2005

S.I. 2005/2305 · Made 9 August 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL SERVICES, ENGLAND AND WALES

Made 9th August 2005

Laid before Parliament 19th August 2005

Coming into force 1st November 2005

The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by sections 58(3)(c), 58A(3), 119 and 120(3) of the Courts and Legal Services Act 1990f1 and now vested in himf2 makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1990 c. 41. Section 58 was substituted and section 58A inserted by the Access to Justice Act 1999 (c. 22), section 27. Section 119 is cited because of the definition of “prescribed”.

f2

Article 4, Schedule 1 and paragraph 8(1)(c) of Schedule 2 of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887).

Contents

  1. 1Citation and commencement
  2. 2Revocation
  3. 3Savings and transitional provisions
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Conditional Fee Agreements (Revocation) Regulations 2005 and shall come into force on 1st November 2005.

2Revocation

Subject to regulation 3, the Conditional Fee Agreements Regulations 2000f1 (the “CFA Regulations”), the Collective Conditional Fee Agreements Regulations 2000f2 (the “CCFA Regulations”), the Conditional Fee Agreements (Miscellaneous Amendments) Regulations 2003f3, and the Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003f4 are revoked.

3Savings and transitional provisions

(1)

The CFA Regulations shall continue to have effect for the purposes of a conditional fee agreement entered into before 1st November 2005.

(2)

Paragraph (1) shall apply in relation to a collective conditional fee agreement as if there were substituted for a reference to the CFA Regulations a reference to the CCFA Regulations.

Signature

Signed

Catherine. M. Ashton

Parliamentary Under Secretary of State

Department for Constitutional Affairs

Date 9th August 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke the Conditional Fee Agreements Regulations 2000 (S.I. 2000/692), the Collective Conditional Fee Agreements Regulations 2000 (S.I. 2000/2988), the Conditional Fee Agreements (Miscellaneous Amendments) Regulations 2003 (S.I.2003/1240) and the Conditional Fee Agreements (Miscellaneous Amendments) (No. 2) Regulations 2003 (S.I. 2003/3344) in respect of conditional fee agreements and collective conditional fee agreements entered into on or after 1st November 2005.

Parties may enter into Conditional Fee Agreements and Collective Conditional Fee Agreements on or after that date based on the primary legislation.