The Legal Services Act 2007 (Commencement No. 11, Transitory and Transitional Provisions and Related Amendments) Order 2011

Made: 5th September 2011

Laid before Parliament

Coming into force in accordance with article 1(2)and (3)

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 204(3) and (4), 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. 11, Transitory and Transitional Provisions and Related Amendments) Order 2011.

• (2) Subject to paragraph (3) this Order comes into force on 30th September 2011.

• (3) Articles 3 and 4 of this Order come into force on 1st October 2011.

• (4) In this Order “the 2007 Act” means the Legal Services Act 2007.

Commencement of provisions

2

• (1) The following provisions of the 2007 Act, to the extent that they are not already in force, come into force on 1st October 2011—

• (a) in Part 3 (reserved legal activities), sections 18(2) to (4) and 21;

• (b) in Part 4 (regulation of approved regulators), section 64;

• (c) in Part 5 (alternative business structures), sections 71, 72, 73(1)(b), (2)(b) and (4), 82 subject to article 4, 84(1) subject to article 4, (3), (4), (5) subject to article 3 and (6), 85 subject to article 4, 86(1), (3) and (4), 87, 88, 90 to 102, 104, 110 and 111;

• (d) Schedule 13 (ownership of licensed bodies);

• (e) Schedule 14 (licensing authority’s powers of intervention);

• (f) Schedule 16 (the Law Society, solicitors, recognised bodies and foreign lawyers);

• (g) Schedule 17 (licensed conveyancing); and

• (h) in Schedule 23 (repeals), the entries relating to—

• (i) sections 32(1) and 87(1) of the Solicitors Act 1974[^f00002];

• (ii) paragraph 18(3) of Schedule 2 to the Administration of Justice Act 1985[^f00003];

• (iii) sections 279 and 280(3) and (4) of the Copyright, Designs and Patents Act 1988[^f00004]; and

• (iv) sections 63, 94(1) and (2) and 120(4) of the Courts and Legal Services Act 1990[^f00005].

• (2) Section 18 of the 2007 Act, to the extent that it is not already in force, comes into force on 6th October 2011.

Transitional provision

3

Where a licensing authority issues a licence before the date on which section 18(1)(b) of the 2007 Act comes into force—

• (a) section 84(5) of the 2007 Act does not apply in relation to that licence; and

• (b) the licence has effect from the date on which section 18(1)(b) of the 2007 Act comes into force.

Transitory modifications

4

Until section 73(1)(a) of the 2007 Act comes into force—

• (a) section 82(1) of the 2007 Act is to be read as if the words “(or, in the case of the Board, section 3)” were omitted;

• (b) section 82(2) and (3) of the 2007 Act is to be read as if, in each subsection, the words “as a licensing authority or” were omitted;

• (c) section 84(1) of the 2007 Act is to be read as if the words “other than the Board” were omitted;

• (d) section 85(3) of the 2007 Act is to be read as if for the words “In the case of a licensing authority other than the Board, the” there were substituted “The”.

Amendment of transitory provision in earlier commencement orders

5

In article 3(2) of the Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009[^f00006] for “Until section 73” substitute “Until section 73(1)(a)”.

6

In article 5 of the Legal Services Act 2007 (Commencement No. 8, Transitory and Transitional Provisions) Order 2010[^f00007] for “Until section 73 (licensing authorities and relevant licensing authorities)” substitute “Until section 73(1)(a)”.

Signed

Signed by authority of the Lord Chancellor

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — 5th September 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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

Article 2 of this Order commences provisions which establish the arrangements by which a body which is partly or wholly owned or controlled by non-lawyers can apply to an approved regulator which has been designated as a licensing authority for a licence to provide services which constitute reserved legal activities. These provisions are to be found principally in Part 5 (alternative business structures) of, and Schedules 13 (ownership of licensed bodies) and 14 (licensing authority’s powers of intervention) to, the 2007 Act. The Order also commences other minor provisions of the 2007 Act.

Article 3 makes transitional provision to prevent any licence issued under Part 5 of the 2007 Act from having effect until the date on which section 18(1)(b) of that Act (which provides that a licensed body is an authorised person) comes into force.

Article 4 makes transitory provision removing references in the 2007 Act to the Legal Services Board as a licensing authority until such time as the provisions of Part 5 of that Act which provide for the Board to act as a licensing authority come into force.

Articles 5 and 6 alter the transitory provision made in The Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009 and The Legal Services Act 2007 (Commencement No. 8, Transitory and Transitional Provisions) Order 2010 so that certain transitory provision made by those Orders does not come to an end until the provisions allowing the Board to act as a licensing authority come into force.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 2007 c. 29.

[^f00002]: 1974 c. 47. Section 32(1) is amended by the Legal Services Act 2007, paragraphs 1 and 32(1) and (2) of Schedule 16 and Schedule 23. There are amendments to section 87(1) which are not relevant to this instrument.

[^f00003]: 1985 c. 61.

[^f00004]: 1988 c. 48. Section 280(3) is amended by the Legal Services Act 2007, paragraphs 75 and 77(d) of Schedule 21.

[^f00005]: 1990 c. 41. Section 120(4) is amended by the Civil Procedure Act 1997 (c.12), paragraph 4 of Schedule 2; the Access to Justice Act 1999, section 27(2) and paragraphs 4 and 11(1) and (2) of Schedule 6 and the Coroners and Justice Act 2009 (c.25), section 154(1) and (3).

[^f00006]: S.I 2009/3250 (C. 143).

[^f00007]: S.I. 2010/2089 (C. 107).