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The Courts and Legal Services Act 1990 (Commencement No. 11) Order 2004

S.I. 2004/2950 · Made 11 November 2004

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 11th November 2004

The Secretary of State, in exercise of the powers conferred by section 124(3) of the Courts and Legal Services Act 1990f1 and now vested in himf2, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1990 c. 41. Section 54 has been amended by article 325 of S.I. 2001/3649 with effect from 1st December 2001.

f2

The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887).

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No. 11) Order 2004.

2

The following provisions of the Courts and Legal Services Act 1990 shall come into force on 7th December 2004 —

(a)

section 53 (the Council for Licensed Conveyancers) and Schedule 8 Part I to the extent that it is not already in force;

(b)

section 55 (preparation of probate papers etc: exemption from section 23(1) of Solicitors Act 1974) and Schedule 9.

Signature

Signed by authority of the Secretary of State

David Lammy

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

Dated 11th November 2004

Explanatory note

(This note is not part of the Order)

This Order brings into force on 7th December 2004 provisions in the Courts and Legal Services Act 1990 (c. 41) relating to the preparation of papers for grants of probate and letters of administration. The provisions amend section 23(2) and (3) of the Solicitors Act 1974 (c. 47) to extend the list of persons to whom section 23(1) of that Act does not apply and who can accordingly prepare papers for grants of probate and letters of administration. By section 55 of the 1990 Act the provisions of section 23(1) of the 1974 Act also do not apply to any person who has been granted exemption by an approved body. An ‘approved body’ is approved as such in accordance with the provisions of Schedule 9 to the 1990 Act.