The Legal Services Act 2007 (Commencement No. 2 and Transitory Provisions) Order 2008

Made: 5th June 2008

Laid before Parliament: 5th June 2008

Coming into force: 30th June 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 204, 208(2) and (4) and 211(2) of the Legal Services Act 2007[^f00001]:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Legal Services Act 2007 (Commencement No. 2 and Transitory Provisions) Order 2008.

• (2) This Order comes into force on 30th June 2008.

• (3) In this Order—

• (a) “the 2007 Act” means the Legal Services Act 2007; and

• (b) a reference to a section, Schedule or paragraph of a Schedule by number alone is a reference to that section, Schedule or paragraph in the 2007 Act.

Commencement of provisions

2

The following provisions of the 2007 Act shall come into force on 30th June 2008—

• (a) section 194(8), (9) and the definition of “free of charge” in (10);

• (b) section 199(4), (5) in so far as it relates to section 9(7) of the Administration of Justice Act 1985² and (6)(b) in so far as it relates to section 89 of the Courts and Legal Services Act³;

• (c) the definition of “manager” in section 207(1) and (5);

• (d) in Schedule 16—

• (i) in Part 1, paragraphs 38(b)(iii), 47 and 48 subject to article 4 below, 54(2)(a) and (c), (3), (4)(a),(5), (6)(a) and (9)(b) and 56(c);

• (ii) in Part 2, paragraphs 81(1) and (9), 86(g) in so far as it defines “manager”, 111, 112(a), (c) and (d), 113(b)(iii), 125(c), (d), (e), (f) and (g) and 128(c)(ii);

• (e) in Schedule 19, paragraphs 6(1) and (2) and 11(1) and (6);

• (f) in Schedule 22, paragraph 18; and

• (g) in Schedule 23, the entry relating to section 46(6) to (8) of the Solicitors Act 1974⁴.

3

The following provisions of the 2007 Act shall come into force on 1st October 2008—

• (a) sections 194, to the extent that it is not already in force, 195 and 196;

• (b) Schedule 20; and

• (c) in Schedule 23, the entries relating to the Solicitors (Scotland) Act 1980⁵, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990⁶ and the Legal Profession and Legal Aid (Scotland) Act 2007⁷.

Transitory provisions

4

Until the appointment of a Chief Executive under paragraph 13 of Schedule 1, the Solicitors Disciplinary Tribunal may exercise—

• (a) the power to pay its members in section 46(5) of the Solicitors Act 1974, as substituted by paragraph 47(2) of Schedule 16, as if for the words the “Legal Services Board” there were substituted “the Society”; and

• (b) the duty to submit a budget in section 46A of the Solicitors Act 1974, as inserted by paragraph 48 of Schedule 16, as if for the words the “Legal Services Board” there were substituted “the Society. In the event that the Society does not approve that budget, the Tribunal or the Society may ask the Master of the Rolls to approve the budget or require the Tribunal to submit a revised budget.”

Signed

Signed by authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 5th June 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the second commencement order under the Legal Services Act 2007 (c.29) (“the 2007 Act”).

This 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—

This Order comes into force on 30th June 2008.

A 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.

Footnotes