Citation, commencement and interpretation

1. —(1) This Order may be cited as the Legal Services Act 2007 (Approved Regulators) Order 2009 and comes into force on 30th December 2009.

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

Amendments to the 2007 Act

2. The 2007 Act is amended as follows.

3. In the Table in paragraph 1 of Schedule 4—

(a) in the entry relating to the “The Council for Licensed Conveyancers”, in the second column after “The administration of oaths.” insert “Probate activities.”;

(b) at the end insert—

4. After paragraph 2 of Schedule 5 insert—

“ Probate activities

2A. —(1) This paragraph applies to a person who, immediately before the time paragraph 1 of Schedule 4 comes into force, has an exemption from the provisions of section 23(1) of the Solicitors Act 1974 (c. 47) (preparation of papers for probate etc by unqualified person) granted by a body within sub-paragraph (3).

(2) For the purposes of section 18, the person is to be treated as if the exemption were an authorisation to carry on probate activities granted by the body in question at the time paragraph 1 of Schedule 4 comes into force.

(3) The bodies are—

(a) The Council for Licensed Conveyancers;

(b) The Institute of Chartered Accountants of Scotland;

(c) The Association of Chartered Certified Accountants. ” .

Transitional provision in respect of Licensed Conveyancers

5. —(1) During the transitional period, a person (“P”) is an exempt person in relation to the carrying on of probate activities, if—

(a) P carries on probate activities by virtue of an employee of P (“E”) carrying them on in E’s capacity as such an employee, and

(b) E holds a probate licence granted by the Council for Licensed Conveyancers.

(2) If P is a body, in this article references to an employee of P include references to a manager of P.

(3) A probate licence is a licence granted by the Council for Licensed Conveyancers by virtue of section 53 of the Courts and Legal Services Act 1990 (c. 41) which authorises the person to whom it is granted to carry on probate activities (including a licence treated as so authorising the person by virtue of paragraph 2A of Schedule 5 to the 2007 Act).

(4) Reference in paragraph (1) to “the transitional period” is to the period which—

(a) begins with 1st January 2010, and

(b) ends with the day appointed by the Lord Chancellor under paragraph 3(1)(b) of Schedule 5 to the 2007 Act for the purposes of paragraph 11(3) of that Schedule.

Transitional provision in respect of Chartered Accountants of Scotland

6. —(1) During the transitional period, a person (“P”) is an exempt person in relation to the carrying on of probate activities, if—

(a) P carries on probate activities by virtue of an employee of P (“E”) carrying them on in E’s capacity as such an employee, and

(b) E is authorised by the Institute of Chartered Accountants of Scotland to carry on probate activities.

(2) If P is a body, in this article references to an employee of P include references to a manager of P.

(3) For the purposes of paragraph (1)(b) the reference to a person who is authorised by the Institute of Chartered Accountants of Scotland includes a person who for the purposes of section 18 of the 2007 Act is treated as so authorised by virtue of paragraph 2A(2) of Schedule 5 to that Act.

(4) Reference in paragraph (1) to “the transitional period” is to the period which——

(a) begins with 1st January 2010, and

(b) ends with the day appointed by the Lord Chancellor under paragraph 3(1)(b) of Schedule 5 to the 2007 Act for the purposes of paragraph 11(3) of that Schedule.

Transitional provision in respect of Chartered Certified Accountants

7. —(1) During the transitional period, a person (“P”) is an exempt person in relation to the carrying on of probate activities, if—

(a) P carries on probate activities by virtue of an employee of P (“E”) carrying them on in E’s capacity as such an employee, and

(b) E is authorised by the Association of Chartered Certified Accountants to carry on probate activities.

(2) If P is a body, in this article references to an employee of P include references to a manager of P.

(3) For the purposes of paragraph (1)(b) the reference to a person who is authorised by the Association of Chartered Certified Accountants includes a person who for the purposes of section 18 of the 2007 Act is treated as so authorised by virtue of paragraph 2A(2) of Schedule 5 to that Act.

(4) Reference in paragraph (1) to “the transitional period” is to the period which—

(a) begins with 1st January 2010, and

(b) ends with the day appointed by the Lord Chancellor under paragraph 3(1)(b) of Schedule 5 to the 2007 Act for the purposes of paragraph 11(3) of that Schedule.