Paragraph 54 I1

(1)

Section 56 (orders as to remuneration for non-contentious business) is amended as follows.

(2)

In subsection (1)—

(a)

in paragraph (a) for “Secretary of State” substitute “ Lord Chancellor ”,

(b)

after paragraph (d) insert—

“(da)
a member of the Legal Services Board nominated by that Board;”, and

(c)

in paragraph (e) for “Secretary of State” substitute “ Lord Chancellor ”.

(3)

In subsection (2) for “(the Secretary of State” to “think fit” substitute “ (the Lord Chancellor being one), may make general orders prescribing the general principles to be applied when determining ”.

(4)

In subsection (3)—

(a)

for “Secretary of State” substitute “ Lord Chancellor ”, and

(b)

for “Council” (in both places) substitute “ Society ”.

(5)

In subsection (4) for “An order” to the end of paragraph (a) substitute— “ The principles prescribed by an order under this section may provide that solicitors should be remunerated— ”.

(6)

In subsection (5)—

(a)

for “An order” to “reference” substitute— “ The general principles prescribed by an order under this section may provide that the amount of such remuneration is to be determined by having regard ”, and

(b)

in paragraph (d) after “solicitor” insert “ , or any employee of his who is an authorised person, ”.

(7)

After that subsection insert—

“(5A)
In subsection (5) “authorised person” means a person who is an authorised person in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007 (see section 18 of that Act).”

(8)

In subsection (6)(a) for “taxation” substitute “ assessment ”.

(9)

In subsection (7)—

(a)

for “taxation” substitute “ assessment ”, and

(b)

for “regulated by” substitute “ subject to ”.

Annotations

Commencement

I1: Sch. 16 para. 54(1)(4)(b) in force for certain purposes at 7.3.2008 by S.I. 2008/222, art. 2(j)(i); Sch. 16 para. 54(2)(a)(c)(3)(4)(a)(5)(6)(a)(9)(b) in force at 30.6.2008 by S.I. 2008/1436, art. 2(d)(i); Sch. 16 para. 54(6)(b)(7) in force at 31.3.2009 by S.I. 2009/503, art. 2(b)(i) (subject to art. 4); Sch. 16 para. 54(2)(b) in force at 1.7.2009 by S.I. 2009/1365, art. 2(a)(i); Sch. 16 para. 54(8)(9)(a) in force at 1.1.2010 by S.I. 2009/3250, art. 2(f)(ii)