{
  "url": "https://openlegislation.uk/legal-services-act-2007-commencement-no-2-and-transitory-provisions-order-2008/note",
  "json_url": "https://openlegislation.uk/legal-services-act-2007-commencement-no-2-and-transitory-provisions-order-2008/note.json",
  "legislation": "uksi/2008/1436",
  "legislation_title": "The Legal Services Act 2007 (Commencement No. 2 and Transitory Provisions) Order 2008",
  "legislation_url": "https://openlegislation.uk/legal-services-act-2007-commencement-no-2-and-transitory-provisions-order-2008",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order is the second commencement order under the Legal Services Act 2007 (c.29) (“the 2007 Act”).\nThis Order brings into force the provisions of the 2007 Act set out in the following table. The table also shows the effect of those provisions—\nArticle of Order\nProvisions Commenced\nEffect\n2(a)\nSection 194(8), (9) and the definition of “free of charge” in (10).\nPermits a charity to be prescribed for the receipt of payments in respect of pro bono representation.\n2(b)\nSection 199(4), (5) in part and (6) in part.\nInserts the Lords Chancellor’s functions under section 56 of the Solicitors Act 1974, section 9(7) of the Administration of Justice Act 1985 and section 89 of the Courts and Legal Services Act 1990 into Schedule 7 of the Constitutional Reform Act 2005.\n2(c) and (d)\nThe definition of “manager” in section 207(1) and (5) and (9) and paragraph 86(g) of Schedule 16 so far as it defines “manager”.\nProvides a definition of “manager” for the purposes of Schedule 2 to the Administration of Justice Act 1985.\n2(d)\nParagraph 38(b)(iii) of Schedule 16.\nAllows the Law Society to determine whether indemnity rules have been broken.\n2(d)\nParagraphs 47 and 48 of Schedule 16 subject to transitory provision.\nAlters the powers and duties of the Solicitors Disciplinary Tribunal (including in relation to their funding arrangements).\n2(d)\nParagraph 54(2)(a) and (c), (3), (4)(a), (5), (6)(a) and (9)(b) of Schedule 16.\nMakes provision for different arrangements for the remuneration of solicitors for non-contentious business (including the transfer of certain functions from the Secretary of state to the Lord Chancellor).\n2(d)\nParagraphs 56(c), 111, 112(a), (c) and (d) and 113(b)(iii) of Schedule 16.\nMiscellaneous amendments to rules in relation to contentious business agreements.\n2(d)\nParagraphs 81(1) and (9) and 125(c), (d), (e), (f) and (g) of Schedule 16.\nSubstitutes references to “Secretary of State” with “Lord Chancellor”.\n2(d)\nParagraph 128(c)(ii) of Schedule 16.\nProvides for registered foreign lawyers to be managers of recognised bodies.\n2(e)\nParagraphs 6(1) and (2) and 11(1) and (6) of Schedule 19.\nExtends both the investigative powers and the enforcement powers of the claims management services regulator in the Compensation Act.\n2(f)\nParagraph 18 of Schedule 22.\nProvides that where a function has been transferred from the Secretary of State to the Lord Chancellor subordinate legislation made in exercise of that function or anything done in exercise of that function by the Secretary of State has effect as if it were made or done by the Lord Chancellor.\n3(a)\nSection 194 to the extent that it is not already in force.\nEnables a court to make an order for costs in civil cases where representation was provided pro bono.\n3(a) and (b)\nSections 195 and 196 and Schedule 20.\nExtends the remit of the Scottish Legal Complaints Commission to areas reserved to the UK Parliament (consumer credit, insolvency, immigration and financial services) and disapplies the functions of the Scottish Legal Services Ombudsman in relation to those areas.\n2(g) and 3(c)\nIn Schedule 23, the entries relating to section 46(6) to (8) of the Solicitors Act 1974; the Solicitors (Scotland) Act 1980; the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and the Legal Profession and Legal Aid (Scotland) Act 2007.\nRepeals provisions concerning the constitution of the Solicitors Disciplinary Tribunal, provisions in consequence of the Legal Profession and Legal Aid (Scotland) Act 2007; provisions concerning the procedures for complaints about Scottish legal practitioners and provisions disapplying the Legal Profession and Legal Aid (Scotland) Act 2007 to certain advice, services and activities.\nThis Order comes into force on 30th June 2008.\nA regulatory impact assessment (“RIA”) has not been prepared for this Order, but a full RIA was prepared for the Legal Services Bill in November 2006, supplemented in 2007. Copies of those documents are annexed to the Explanatory Memorandum.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/1436/note",
    "retrieved_at": "2026-11-13T03:33:28.857231+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}