The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018

Made: 29th November 2018

The Secretary of State makes the following Order in exercise of the powers conferred by section 151(1) 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. 13) Order 2018.

• (2) In this Order—

• “the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• “news publisher” means a person who publishes a newspaper, magazine or website containing news or information about or comment on current affairs;

• “proceedings” has the same meaning as in section 58A(4) of the Courts and Legal Services Act 1990[^f00002], and

• “publication and privacy proceedings” means proceedings for— defamation; malicious falsehood; breach of confidence involving publication to the general public; misuse of private information, or harassment, where the defendant is a news publisher.

Provision coming into force on 6th April 2019

2

Section 44[^f00003] (conditional fee agreements: success fees) of the 2012 Act comes into force on 6th April 2019 in relation to publication and privacy proceedings.

Signed

Lucy Frazer — Parliamentary Under-Secretary of State — Ministry of Justice — 29th November 2018

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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

Article 2 brings into force, on 6th April 2019, section 44 (conditional fee agreements: success fees) of the 2012 Act in relation to publication and privacy proceedings. Publication and privacy proceedings were excluded from the commencement of sections 44 and 46 (recovery of insurance premiums by way of costs) when those provisions were commenced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 5 and Saving Provision) Order 2013 ([SI 2013/77](https://www.legislation.gov.uk/uksi/2013/77)). Publication and privacy proceedings remain excluded from the commencement of section 46 of the 2012 Act, meaning that premiums for after the event insurance remain recoverable by way of costs in publication and privacy proceedings.

The transitional provisions in sections 44(6) of the 2012 Act have effect in respect of the provision commenced by this Order.

Footnotes

[^f00001]: 2012 c. 10.

[^f00002]: 1990 c. 41.

[^f00003]: Section 44 of the 2012 Act amends sections 58 and 58A of the Courts and Legal Services Act 1990 (“the 1990 Act”). Section 58 was substituted, and section 58A was inserted, by section 27(1) of the Access to Justice Act 1999 (c. 22) and was amended by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429). Section 58A was amended by section 139 of, and Schedule 3 to, the Adoption and Children Act 2002 (c. 38), section 261 of, and Schedules 27 and 30 to, the Civil Partnership Act 2004 (c. 33), the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 and section 3 of, and Schedule 2 to, the Forced Marriage (Civil Protection) Act 2007 (c. 20). There are other amendments to the 1990 Act not relevant to this Order.