Article 5 Transitional provision in respect of Licensed Conveyancers

(1)

During the transitional period, a person (“P”) is an exempt person in relation to the carrying on of probate activities, if—

(a)

P carries on probate activities by virtue of an employee of P (“E”) carrying them on in E’s capacity as such an employee, and

(b)

E holds a probate licence granted by the Council for Licensed Conveyancers.

(2)

If P is a body, in this article references to an employee of P include references to a manager of P.

(3)

A probate licence is a licence granted by the Council for Licensed Conveyancers by virtue of section 53 of the Courts and Legal Services Act 1990 (c. 41) which authorises the person to whom it is granted to carry on probate activities (including a licence treated as so authorising the person by virtue of paragraph 2A of Schedule 5 to the 2007 Act).

(4)

Reference in paragraph (1) to “the transitional period” is to the period which—

(a)

begins with 1st January 2010, and

(b)

ends with the day appointed by the Lord Chancellor under paragraph 3(1)(b) of Schedule 5 to the 2007 Act for the purposes of paragraph 11(3) of that Schedule.