The Legal Services Act 2007 (Commencement No. 11, Transitory and Transitional Provisions and Related Amendments) Order 2011
S.I. 2011/2196 · Made 5 September 2011
Legal Services, England And Wales
Made 5th September 2011
Laid before Parliament 7th September 2011
Coming into force in accordance with article 1(2)and (3)
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 204(3) and (4), 208(2) and (4) and 211(2) of the Legal Services Act 2007f1.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Commencement of provisions
- 3Transitional provision
- 4Transitory modifications
- 5Amendment of transitory provision in earlier commencement orders
- 6Amendment of transitory provision in earlier commencement orders
- Signature
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Legal Services Act 2007 (Commencement No. 11, Transitory and Transitional Provisions and Related Amendments) Order 2011.
Subject to paragraph (3) this Order comes into force on 30th September 2011.
Articles 3 and 4 of this Order come into force on 1st October 2011.
In this Order “the 2007 Act” means the Legal Services Act 2007.
2Commencement of provisions
The following provisions of the 2007 Act, to the extent that they are not already in force, come into force on 1st October 2011—
in Part 3 (reserved legal activities), sections 18(2) to (4) and 21;
in Part 4 (regulation of approved regulators), section 64;
in Part 5 (alternative business structures), sections 71, 72, 73(1)(b), (2)(b) and (4), 82 subject to article 4, 84(1) subject to article 4, (3), (4), (5) subject to article 3 and (6), 85 subject to article 4, 86(1), (3) and (4), 87, 88, 90 to 102, 104, 110 and 111;
Schedule 13 (ownership of licensed bodies);
Schedule 14 (licensing authority’s powers of intervention);
Schedule 16 (the Law Society, solicitors, recognised bodies and foreign lawyers);
Schedule 17 (licensed conveyancing); and
in Schedule 23 (repeals), the entries relating to—
sections 32(1) and 87(1) of the Solicitors Act 1974f1;
paragraph 18(3) of Schedule 2 to the Administration of Justice Act 1985f2;
sections 279 and 280(3) and (4) of the Copyright, Designs and Patents Act 1988f3; and
sections 63, 94(1) and (2) and 120(4) of the Courts and Legal Services Act 1990f4.
Section 18 of the 2007 Act, to the extent that it is not already in force, comes into force on 6th October 2011.
3Transitional provision
Where a licensing authority issues a licence before the date on which section 18(1)(b) of the 2007 Act comes into force—
section 84(5) of the 2007 Act does not apply in relation to that licence; and
the licence has effect from the date on which section 18(1)(b) of the 2007 Act comes into force.
4Transitory modifications
Until section 73(1)(a) of the 2007 Act comes into force—
section 82(1) of the 2007 Act is to be read as if the words “(or, in the case of the Board, section 3)” were omitted;
section 82(2) and (3) of the 2007 Act is to be read as if, in each subsection, the words “as a licensing authority or” were omitted;
section 84(1) of the 2007 Act is to be read as if the words “other than the Board” were omitted;
section 85(3) of the 2007 Act is to be read as if for the words “In the case of a licensing authority other than the Board, the” there were substituted “The”.
5Amendment of transitory provision in earlier commencement orders
In article 3(2) of the Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009f1 for “Until section 73” substitute “Until section 73(1)(a)”.
6Amendment of transitory provision in earlier commencement orders
In article 5 of the Legal Services Act 2007 (Commencement No. 8, Transitory and Transitional Provisions) Order 2010f1 for “Until section 73 (licensing authorities and relevant licensing authorities)” substitute “Until section 73(1)(a)”.
Signature
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
5th September 2011
Explanatory note
(This note is not part of the Order)
This Order is the eleventh commencement order made under the Legal Services Act 2007 (c. 29) (“the 2007 Act”).
Article 2 of this Order commences provisions which establish the arrangements by which a body which is partly or wholly owned or controlled by non-lawyers can apply to an approved regulator which has been designated as a licensing authority for a licence to provide services which constitute reserved legal activities. These provisions are to be found principally in Part 5 (alternative business structures) of, and Schedules 13 (ownership of licensed bodies) and 14 (licensing authority’s powers of intervention) to, the 2007 Act. The Order also commences other minor provisions of the 2007 Act.
Article 3 makes transitional provision to prevent any licence issued under Part 5 of the 2007 Act from having effect until the date on which section 18(1)(b) of that Act (which provides that a licensed body is an authorised person) comes into force.
Article 4 makes transitory provision removing references in the 2007 Act to the Legal Services Board as a licensing authority until such time as the provisions of Part 5 of that Act which provide for the Board to act as a licensing authority come into force.
Articles 5 and 6 alter the transitory provision made in The Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009 and The Legal Services Act 2007 (Commencement No. 8, Transitory and Transitional Provisions) Order 2010 so that certain transitory provision made by those Orders does not come to an end until the provisions allowing the Board to act as a licensing authority come into force.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.