The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 6) Order 2013

Made: 28th February 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 151(1) and (5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 6) Order 2013.

• (2) In this Order “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Provisions coming into force on 4th March 2013

2

The following provisions of the Act come into force on 4th March 2013—

• (a) section 38(2) (transfer of employees and property etc of the Legal Services Commission);

• (b) section 58 (regulation by Financial Services Authority);

• (c) section 60 (referral fees: regulations); and

• (d) Schedule 4 (transfer of employees and property etc of Legal Services Commission).

Provisions coming into force on 1st April 2013

3

The following provisions of the Act come into force on 1st April 2013—

• (a) Part 1 (legal aid), in so far as it is not already in force, except section 19(4) (appeals against determinations by a court);

• (b) section 56 (rules against referral fees);

• (c) section 57 (effect of rules against referral fees);

• (d) section 59 (regulators and regulated persons);

• (e) Schedule 1 (civil legal services);

• (f) Schedule 2 (criminal legal aid: motor vehicle orders);

• (g) Schedule 3 (legal aid for legal persons);

• (h) Schedule 5 (legal aid: consequential amendments); and

• (i) Schedule 6 (Northern Ireland: information about financial resources).

Provisions coming into force on 8th April 2013

4

The following provisions of the Act come into force on 8th April 2013—

• (a) section 88 (withdrawal of warrants of control issued by fines officer);

• (b) section 132 (penalty notices for disorderly behaviour);

• (c) sections 133 and 134 (cautions);

• (d) section 135 to 138 (youth cautions);

• (e) Schedule 23 (penalty notices for disorderly behaviour); and

• (f) Schedule 24 (youth cautions: consequential amendments).

Signed

Signed by the authority of the Secretary of State

McNally — Minister of State — Ministry of Justice — 28th February 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the sixth commencement order made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”).

This Order commences sections 38(2), 58 and 60 of, and Schedule 4 to, the Act on 4th March 2013. It commences, with the exception of section 19(4), Part 1 and sections 56, 57 and 59 of, and Schedules 1, 2, 3, 5 and 6 to, the Act on 1st April 2013. Part 1 of the Act contains the new framework for civil and criminal legal aid in England and Wales and will replace Part 1 of the Access to Justice Act 1999 (c. 22). Separate Regulations will be made under section 149 of the Act containing transitional, saving and consequential provisions in relation to the provisions of Part 1 commenced by this Order. This Order commences section 88 and sections 132 to 138 of, and Schedules 23 and 24 to, the Act on 8th April 2013.

Sections 56 to 60 of the Act make provision in respect of the prohibition of the payment of referral fees. In particular, section 58, which enables the Treasury to make regulations which will enable the Financial Services Authority to monitor and enforce the prohibition on the payment and receipt of referral fees in respect of those it regulates and section 60, which makes further provision with regard to regulations made under sections 56 to 59, have been commenced prior to the coming into force of the remaining sections, to enable the Treasury to make regulations to come into force on or soon after 1st April 2013.

Section 88 of the Act makes provision in respect of the withdrawal of warrants of control issued by fines officers.

Section 132 of and Schedule 23 to the Act make provision in respect of penalty notices for disorder.

Sections 133 to 138 of and Schedule 24 to the Act make provision about conditional cautions, youth cautions and youth conditional cautions.

Footnotes

[^f00001]: 2012 c. 10.