The Solicitors’ Recognised Bodies (Amendment) Order 2009

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 1985¹ and section 208(2) of the Legal Services Act 2007².

Citation and commencement

1

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 9A³ of the Administration of Justice Act 1985.

Amendments to the Solicitors’ Incorporated Practices Order 1991

2

• (1) The Solicitors’ Incorporated Practices Order 1991⁴ 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 2006⁵”.

• (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 1974⁶ 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. 52	Housing Act	Sections 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”—

Reference	Title	Extent and modifications
S.I. 1999/728	Prison Rules	Rule 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.

Amendments consequential upon the Legal Services Act 2007

3

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 1994⁷; and

• (b) article 7(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001⁸.

SCHEDULE 1 — Omission of Statutes and Statutory Instruments Which Apply to Recognised Bodies

PART 1 — Statutes

• Chartered Companies Act 1837⁹

• Land Registry Act 1862¹⁰

• Tithe Act 1891¹¹

• Section 23(1) and (3)(a), (b) and (c) only of the Trustee Act 1925¹²

• Land Registration Act 1925¹³

• Architects (Registration) Act 1931¹⁴

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

• Charities Act 1960¹⁵

• Building Societies Act 1962¹⁶

• Licensing Act 1964¹⁷

• Administration of Justice Act 1970¹⁸

• Social Security Act 1975¹⁹

• Sex Discrimination Act 1975²⁰

• Race Relations Act 1976²¹

• Incumbents (Variation of Benefices) Measure 1977

• Justices of the Peace Act 1979²²

• Magistrates’ Courts Act 1980²³

• Financial Services Act 1986²⁴

• Legal Aid Act 1988²⁵

• Employment Act 1988²⁶

• Section 107(3)(c) and (d) only of the Housing Act 1988²⁷

• Road Traffic Offenders Act 1988²⁸

PART 2 — Statutory Instruments

• Light Railways (Costs) Rules 1898²⁹

• Benefices Rules 1899³⁰

• Rules with Respect to Applications under The Railways (Electrical Power) Act 1903³¹

• Land Registration Rules 1925³²

• Ministry of Transport (Light Railways Procedure) Rules 1927³³

• Non-Contentious Probate Rules 1954³⁴

• Rules of the Supreme Court (Non-Contentious Probate Costs) 1956³⁵

• Foreign Compensation Commission (Egyptian Claims) Rules 1959³⁶

• Prison Rules 1964³⁷

• Ecclesiastical Jurisdiction (Faculty Appeals) Rules 1965³⁸

• Industrial Tribunals (England and Wales) Regulations 1965³⁹

• County Court Funds Rules 1965⁴⁰

• Performing Right Tribunal Rules 1965⁴¹

• Transport Tribunal Rules 1965⁴²

• Commons Registration (General) Regulations 1966⁴³

• Faculty Jurisdiction Rules 1967⁴⁴

• Industrial and Provident Societies Regulations 1967⁴⁵

• Foreign Compensation Commission (USSR) Rules Approval Instrument 1969⁴⁶

• Air Navigation (Investigation of Combined Military and Civil Air Accidents) Regulations1969⁴⁷

• National Insurance (Industrial Injuries) (Colliery Workers Supplementary Scheme) Amendment and Consolidation Order 1970⁴⁸

• Restriction on Agreements (Estate Agents) Order 1970⁴⁹

• Solicitors’ Remuneration Order 1972⁵⁰

• Isles of Scilly (Sale of Intoxicating Liquor) Order 1973⁵¹

• National Health Service (Service Committees and Tribunal) Regulations 1974⁵²

• Legal Officers Fees Order 1974⁵³

• Lands Tribunal Rules 1975⁵⁴

• Supreme Court Funds Rules 1975⁵⁵

• Matrimonial Causes Rules 1977⁵⁶

• Police (Withdrawn, Anonymous, etc, Complaints) Regulations 1977⁵⁷

• Pharmaceutical Society (Statutory Committee) Order of Council 1978⁵⁸

• Matrimonial Causes (Costs) Rules 1979⁵⁹

• Industrial and Provident Societies (Credit Unions) Regulations 1979⁶⁰

• National Health Service (Vocational Training) Regulations 1979⁶¹

• Supreme Court Fees Order 1980⁶²

• Foreign Compensation Commission (Czechoslovakia) Rules Approval Instrument 1982⁶³

• County Court Fees Order 1982⁶⁴

• Detention Centre Rules 1983⁶⁵

• Youth Custody Centre Rules 1983⁶⁶

• Licensed Dealers (Conduct of Business) Rules 1983⁶⁷

• Dealers in Securities (Licensing) Regulations 1983⁶⁸

• Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984⁶⁹

• Court of Protection Rules 1984⁷⁰

• Police (Complaints) (General) Regulations 1985⁷¹

• Register of County Court Judgements Regulations 1985⁷²

• Court of Protection (Enduring Powers of Attorney) Rules 1986⁷³

• Occupational Pension Schemes (Disclosure of Information) Regulations 1986⁷⁴

• Land Registration Fee Order1986⁷⁵

• Air Navigation (Investigation of Air Accidents involving Civil and Military Aircraft or Installations) Regulations 1986⁷⁶

• Police Regulations 1987⁷⁷

• Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) Rules Approvals Order 1987⁷⁸

• Land Registration (Official Searches) Rules 1988⁷⁹

• Land Registration Fee Order 1988⁸⁰

• Magistrates’ Courts (Children and Young Persons) Rules 1988⁸¹

• Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988⁸²

• Criminal Justice Act 1987 (Preparatory Hearings) Rules 1988⁸³

• Criminal Justice Act 1987 (Preparatory Hearings) (Interlocutory Appeals) Rules 1988⁸⁴

• Criminal Appeal (Reviews of Sentencing) Rules 1989⁸⁵

• Financial Services Act 1986 (Single Property Schemes) (Exemption) Regulations 1989⁸⁶

• Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989⁸⁷

• Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989⁸⁸

• Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989⁸⁹

• Legal Aid in Criminal and Care Proceedings (General) Regulations 1989⁹⁰

• Legal Advice and Assistance (Scope) Regulations 1989⁹¹

• Magistrates’ Courts (Extradition) Rules 1989⁹²

• Land Registration Fee Order 1990⁹³

• Land Registration Rules 1990⁹⁴

SCHEDULE 2 — Omission of Statutes and Statutory Instruments Which Apply to Recognised Bodies With Additions, Omissions and Modifications

PART 1 — Statutes

• Juries Act 1974⁹⁵;

• Supreme Court Act 1981⁹⁶;

• Sections 10(5), 60(1) and 60(1)(d), (1)(e) and (1)(f) only of the County Courts Act 1984⁹⁷.

PART 2 — Statutory Instruments

• Foreign Compensation Commission (Egyptian Claims) Rules 1959⁹⁸;

• Prison Rules 1964⁹⁹;

• Rules of the Supreme Court (Revision) 1965¹⁰⁰;

• Foreign Compensation Commission (USSR) Rules Approval Instrument 1969¹⁰¹;

• General Medical Council Disciplinary Committee (Procedure) Rules Order of Council 1970¹⁰²;

• Hong Kong Supreme Court (Admiralty Procedure) Rules Order 1976¹⁰³;

• General Medical Council (Fraud or Error in relation to Registration) Rules Order of Council 1980¹⁰⁴;

• General Medical Council Health Committee (Procedure) Rules Order of Council 1987¹⁰⁵; and

• Banking Act 1987 (Exempt Transactions) Regulations 1988¹⁰⁶.

Signed

Signed by authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 5th March 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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.

Footnotes