LegalizeThe Probate Services (Approved Bodies) Order 2009
Made: 26th June 2009
Coming into force: 1st August 2009
Accordingly the Secretary of State makes the following Order:
Citation and commencement
1
This Order may be cited as the Probate Services (Approved Bodies) Order 2009 and comes into force on 1 August 2009.
Approval of body
2
The Association of Chartered Certified Accountants shall be an approved body for the purpose of granting an exemption under section 55 of the Courts and Legal Services Act 1990.
Signed
Signed by the authority of the Secretary of State
Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 26th June 2009
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 of the Schedule) and the President of the Family Division (paragraph 2 of the Schedule). He must also be satisfied (paragraph 4 of the Schedule) 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 Association of Chartered Certified Accountants 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 Section 55 and paragraph 4 of Schedule 9 are repealed by the Legal Services Act 2007 on a date to be appointed.
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).
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