LegalizeThe Probate Services (Approved Bodies) Order 2008
Made: 10th July 2008
Coming into force: 1st August 2008
Accordingly the Secretary of State makes the following Order:
1
This Order may be cited as the Probate Services (Approved Bodies) Order 2008 and shall come into force on 1 August 2008.
2
- (1) The bodies listed in paragraph (2) shall be approved bodies for the purpose of granting an exemption under section 55 of the Courts and Legal Services Act 1990.
- (2) Those bodies are—
- (a) the Council for Licensed Conveyancers;
- (b) the Institute of Chartered Accountants of Scotland.
Signed
Signed by authority of the Secretary of State
Bridget Prentice — Parliamentary Under Secretary of State — 10th July 2008
Ministry of Justice
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
Section 23 of the Solicitors Act 1974 (c.47) (“the 1974 Act”) makes it an offence for a person who is not a solicitor, barrister or public notary (or an employee of such a person) to draw up or prepare papers on which to found or oppose a grant of probate or a grant of letters of administration. Section 55 of the Courts and Legal Services Act 1990 (c.41) (“the 1990 Act”) makes an exception to section 23 of the 1974 Act in relation to any person who has been granted an exemption from those provisions by an “approved body”.
Section 55(3) of the 1990 Act provides that an “approved body” is a professional or other body which has been approved by the Secretary of State under Schedule 9 to the 1990 Act. The procedure under that Schedule requires the Secretary of State to consult the Legal Services Consultative Panel set up under section 18A of the 1990 Act (paragraph 1) and the President of the Family Division (paragraph 2). He must also be satisfied (paragraph 4) that the organisation to be approved has in place suitable arrangements to protect consumers.
Having followed the procedure required by Schedule 9 to the 1990 Act, this Order approves the two bodies listed in article 2(2) to grant exemptions under section 55 of the 1990 Act.
Footnotes
1990 c. 41; “Secretary of State” in section 55(3) was substituted by S.I. 2003/1887, Schedule 2, paragraph 8(1)(c).
Section 120(4) was amended in so far as relevant by the Access to Justice Act 1999 (c. 22), Schedule 6, paragraphs 4 and 11(1) and (2).
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.