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The Solicitors’ Recognised Bodies (Amendment) Order 2009

S.I. 2009/500 · Made 5 March 2009

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 Profession, England And Wales

Made 5th March 2009

Laid before Parliament 9th March 2009

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 9(7) of the Administration of Justice Act 1985f1 and section 208(2) of the Legal Services Act 2007f2.

Annotations to the whole text

Footnotes

f1

1985 c. 61. Section 9(7) has been amended by the Legal Services Act 2007 (c. 29), see S.I. 2008/1436, article 2(d)(ii). Sections 9 and 9A are amended and substituted by paragraphs 81 and 82 of Schedule 16 to the Legal Services Act 2007 (as amended by S.I. 2008/3074).

f2

2007 c. 29.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Solicitors’ Incorporated Practices Order 1991
  3. 3Amendments consequential upon the Legal Services Act 2007
  4. Signature
  5. Schedule 1: Omission of Statutes and Statutory Instruments Which Apply to Recognised Bodies
  6. 1Statutes
  7. 2Statutory Instruments
  8. Schedule 2: Omission of Statutes and Statutory Instruments Which Apply to Recognised Bodies With Additions, Omissions and Modifications
  9. 1Statutes
  10. 2Statutory Instruments
  11. Explanatory note

1Citation and commencement

This Order may be cited as the Solicitors’ Recognised Bodies (Amendment) Order 2009 and comes into force—

(a)

as to article 2(3)(c), on 1st October 2009;

(b)

otherwise, on 31st March 2009 immediately after sections 9 and 9Af1 of the Administration of Justice Act 1985.

2Amendments to the Solicitors’ Incorporated Practices Order 1991

(1)

The Solicitors’ Incorporated Practices Order 1991f1 is renamed the Solicitors’ Recognised Bodies Order 1991 and is amended as follows.

(2)

In article 1 (Citation and commencement) for “Solicitors’ Incorporated Practices Order 1991” substitute “Solicitors’ Recognised Bodies Order 1991”.

(3)

In article 3—

(a)

omit “corporate” and “the Council of” from the definition of “recognised body”;

(b)

in the definition of “member” insert “or who is a partner” before “of a recognised body”; and

(c)

in the definitions of “holding company” and “subsidiary” for “Section 786 of the Companies Act 1985” substitute “section 1159 of the Companies Act 2006f2”.

(4)

In Schedule 1—

(a)

omit the entries relating to the statutes and statutory instruments listed in Schedule 1 to this Order;

(b)

in the entry relating to section 146(2) and (4) of the Consumer Credit Act 1974f3 substitute “1974” for “1947”; and

(c)

insert the following entry at the end of the list of statutes which apply to recognised bodies—

“

1996 c. 52Housing ActSections 30(2) and 47(2)

”.

(5)

In Schedule 2—

(a)

omit the entries listed in Schedule 2 to this Order; and

(b)

insert the following entry at the end of the table of “Statutory Instruments Which Apply to Recognised Bodies With Additions, Omissions and Modifications”—

“

ReferenceTitleExtent and modifications
S.I. 1999/728Prison RulesRule 2(1) – in the definition of “legal adviser”, in relation to visits to a prisoner, “solicitor” shall not include a recognised body but “a clerk acting on behalf of his solicitor” shall include a clerk acting on behalf of a recognised body. In relation to correspondence, “solicitor” shall include a recognised body.

”.

3Amendments consequential upon the Legal Services Act 2007

Omit the word “corporate” in the definition of “recognised body” in the following provisions—

(a)

article 2 of the Solicitors’ (Non-Contentious Business) Remuneration Order 1994f1; and

(b)

article 7(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001f2.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

5th March 2009

1Statutes

  • Chartered Companies Act 1837f1

  • Land Registry Act 1862f2

  • Tithe Act 1891f3

  • Section 23(1) and (3)(a), (b) and (c) only of the Trustee Act 1925f4

  • Land Registration Act 1925f5

  • Architects (Registration) Act 1931f6

  • Benefices (Purchase of Rights of Patronage) Measure 1933 No. 1

  • Charities Act 1960f7

  • Building Societies Act 1962f8

  • Licensing Act 1964f9

  • Administration of Justice Act 1970f10

  • Social Security Act 1975f11

  • Sex Discrimination Act 1975f12

  • Race Relations Act 1976f13

  • Incumbents (Variation of Benefices) Measure 1977

  • Justices of the Peace Act 1979f14

  • Magistrates’ Courts Act 1980f15

  • Financial Services Act 1986f16

  • Legal Aid Act 1988f17

  • Employment Act 1988f18

  • Section 107(3)(c) and (d) only of the Housing Act 1988f19

  • Road Traffic Offenders Act 1988f20

2Statutory Instruments

  • Light Railways (Costs) Rules 1898f1

  • Benefices Rules 1899f2

  • Rules with Respect to Applications under The Railways (Electrical Power) Act 1903f3

  • Land Registration Rules 1925f4

  • Ministry of Transport (Light Railways Procedure) Rules 1927f5

  • Non-Contentious Probate Rules 1954f6

  • Rules of the Supreme Court (Non-Contentious Probate Costs) 1956f7

  • Foreign Compensation Commission (Egyptian Claims) Rules 1959f8

  • Prison Rules 1964f9

  • Ecclesiastical Jurisdiction (Faculty Appeals) Rules 1965f10

  • Industrial Tribunals (England and Wales) Regulations 1965f11

  • County Court Funds Rules 1965f12

  • Performing Right Tribunal Rules 1965f13

  • Transport Tribunal Rules 1965f14

  • Commons Registration (General) Regulations 1966f15

  • Faculty Jurisdiction Rules 1967f16

  • Industrial and Provident Societies Regulations 1967f17

  • Foreign Compensation Commission (USSR) Rules Approval Instrument 1969f18

  • Air Navigation (Investigation of Combined Military and Civil Air Accidents) Regulations1969f19

  • National Insurance (Industrial Injuries) (Colliery Workers Supplementary Scheme) Amendment and Consolidation Order 1970f20

  • Restriction on Agreements (Estate Agents) Order 1970f21

  • Solicitors’ Remuneration Order 1972f22

  • Isles of Scilly (Sale of Intoxicating Liquor) Order 1973f23

  • National Health Service (Service Committees and Tribunal) Regulations 1974f24

  • Legal Officers Fees Order 1974f25

  • Lands Tribunal Rules 1975f26

  • Supreme Court Funds Rules 1975f27

  • Matrimonial Causes Rules 1977f28

  • Police (Withdrawn, Anonymous, etc, Complaints) Regulations 1977f29

  • Pharmaceutical Society (Statutory Committee) Order of Council 1978f30

  • Matrimonial Causes (Costs) Rules 1979f31

  • Industrial and Provident Societies (Credit Unions) Regulations 1979f32

  • National Health Service (Vocational Training) Regulations 1979f33

  • Supreme Court Fees Order 1980f34

  • Foreign Compensation Commission (Czechoslovakia) Rules Approval Instrument 1982f35

  • County Court Fees Order 1982f36

  • Detention Centre Rules 1983f37

  • Youth Custody Centre Rules 1983f38

  • Licensed Dealers (Conduct of Business) Rules 1983f39

  • Dealers in Securities (Licensing) Regulations 1983f40

  • Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984f41

  • Court of Protection Rules 1984f42

  • Police (Complaints) (General) Regulations 1985f43

  • Register of County Court Judgements Regulations 1985f44

  • Court of Protection (Enduring Powers of Attorney) Rules 1986f45

  • Occupational Pension Schemes (Disclosure of Information) Regulations 1986f46

  • Land Registration Fee Order1986f47

  • Air Navigation (Investigation of Air Accidents involving Civil and Military Aircraft or Installations) Regulations 1986f48

  • Police Regulations 1987f49

  • Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) Rules Approvals Order 1987f50

  • Land Registration (Official Searches) Rules 1988f51

  • Land Registration Fee Order 1988f52

  • Magistrates’ Courts (Children and Young Persons) Rules 1988f53

  • Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988f54

  • Criminal Justice Act 1987 (Preparatory Hearings) Rules 1988f55

  • Criminal Justice Act 1987 (Preparatory Hearings) (Interlocutory Appeals) Rules 1988f56

  • Criminal Appeal (Reviews of Sentencing) Rules 1989f57

  • Financial Services Act 1986 (Single Property Schemes) (Exemption) Regulations 1989f58

  • Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989f59

  • Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989f60

  • Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989f61

  • Legal Aid in Criminal and Care Proceedings (General) Regulations 1989f62

  • Legal Advice and Assistance (Scope) Regulations 1989f63

  • Magistrates’ Courts (Extradition) Rules 1989f64

  • Land Registration Fee Order 1990f65

  • Land Registration Rules 1990f66

1Statutes

  • Juries Act 1974f1;

  • Supreme Court Act 1981f2;

  • Sections 10(5), 60(1) and 60(1)(d), (1)(e) and (1)(f) only of the County Courts Act 1984f3.

2Statutory Instruments

  • Foreign Compensation Commission (Egyptian Claims) Rules 1959f1;

  • Prison Rules 1964f2;

  • Rules of the Supreme Court (Revision) 1965f3;

  • Foreign Compensation Commission (USSR) Rules Approval Instrument 1969f4;

  • General Medical Council Disciplinary Committee (Procedure) Rules Order of Council 1970f5;

  • Hong Kong Supreme Court (Admiralty Procedure) Rules Order 1976f6;

  • General Medical Council (Fraud or Error in relation to Registration) Rules Order of Council 1980f7;

  • General Medical Council Health Committee (Procedure) Rules Order of Council 1987f8; and

  • Banking Act 1987 (Exempt Transactions) Regulations 1988f9.

Explanatory note

(This note is not part of the Order)

This Order amends the Solicitors’ Incorporated Practices Order 1991 (S.I. 1991/2684), which is renamed by this Order as the Solicitors’ Recognised Bodies Order 1991, which provided for certain enactments which had effect in relation to solicitors to apply also to recognised bodies (entities recognised by the Law Society under section 9 of the Administration of Justice Act 1985 (c. 61) as suitable to carry on legal services).

Paragraphs 81 and 82 of Schedule 16 to the Legal Services Act 2007 (c. 29) amend section 9 and add a new section 9A to the Administration of Justice Act 1985. One of the effects of these changes is to allow the Law Society to regulate partnerships and unincorporated bodies (as well as bodies corporate, including LLPs, as previously) as recognised bodies.

This Order also removes references to enactments or instruments which are no longer effective.

An impact assessment (“IA”) has not been prepared for this Order, but a full IA was prepared for the Legal Services Bill in November 2006, supplemented in 2007. Copies of those documents are annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.