Citation, commencement and interpretation

1. —(1) This Order may be cited as the Legal Services Act 2007 (Commencement No. 4, Transitory and Transitional Provisions and Appointed Day) Order 2009.

(2) This Order comes into force on 31st March 2009.

(3) In this Order —

(a) “the 1974 Act” means the Solicitors Act 1974( 2 );

(b) “the 1985 Act” means the Administration of Justice Act 1985( 3 );

(c) “the 1990 Act” means the Courts and Legal Services Act 1990( 4 );

(d) “the 2007 Act” means the Legal Services Act 2007; and

(e) a reference to a section, Schedule or paragraph of a Schedule by number alone is a reference to that section, Schedule or paragraph in the 2007 Act.

Commencement of provisions

2. The following provisions of the 2007 Act come into force on 31st March 2009—

(a) in Part 9 (General), section 199(3), (5) to the extent that it is not already in force, (6)(a) in so far as it relates to section 53 of the 1990 Act and (6)(b) to the extent that it is not already in force, the definition of “conveyancing services” in section 207 and section 208(1);

(b) in Schedule 16 (The Law Society, solicitors, recognised bodies and foreign lawyers)—

(i) in Part 1, paragraphs 31(2)(c) and (e), 32(1), (2)(a) and (c) to (e) and (3) to (7), 33, 35, 36, 37 subject to articles 4 and 5, 41(1) and (2), 42 subject to article 4, 43, 44 subject to article 4, 45 subject to article 4, 46 subject to article 4, 49(b), (d), (f) subject to article 4 and (h), 50(b) and (c), 54(6)(b) subject to article 4 and (7), 59(b)(iii), 62(d) and (e) subject to article 4, 70, 72(b), 74, 75(a) and (c) in so far as it omits the definition of “controlled trust”, 77 subject to article 4 and 79 subject to article 5;

(ii) in Part 2, paragraphs 81 to the extent that it is not already in force and subject to article 4, 82( 5 ), 83, 84(1), (2) and (4), 85, 86 to the extent that it is not already in force, 87 to 93, 94 subject to article 5, 95 to 99, 101 subject to article 4, 102 subject to article 4, 103 subject to article 4, 104, 105(a), (b)(i) and (iii) and (c), 106(a), (b), (d) and (e) in so far as it omits paragraph 18(4) of Schedule 2, 107 subject to article 4, 108 to 110, 113(b)(iv) and (c), 114 and 116 to 123; and

(iii) in Part 3, paragraphs 125 to the extent that it is not already in force and subject to article 4, 127, 131, 132 subject to article 5, 133, 134 and 136;

(c) in Schedule 17 (Licensed conveyancing)—

(i) in Part 1, paragraphs 2(a), 4, 5(1), (2)(a) and (b) in so far as it inserts paragraph (ea) and (3)(a) and (b) in so far as it inserts paragraph (ea), 6, 7(1) and (2)(a) and (b) in so far as it inserts paragraph (ea), 8, 9, 12 to 19, 20 subject to article 4, 21, 22, 24 to 26, 28, 29, 30(1), (2)(b) and (3), 31 and 32(1) to (6)(f) subject to article 4, (6)(g) in so far as it omits sub-paragraph (4), and (7) to (18);

(ii) in Part 2, paragraphs 33, 34(1), (5) and (6) and 35(1), (5) and (7) to (11);

(d) in Schedule 21 (Minor and consequential amendments), paragraphs 65, 67, 83, 87, 99, 100(b) to (d) and 101;

(e) in Schedule 22 (Transitional and transitory provision), paragraphs 6 to 8, 11(1), 13, 14, 15 subject to article 4, 16 and 17; and

(f) in Schedule 23 (Repeals)—

(i) the entry relating to the “Authorised Conveyancing Practitioners Board.” in Schedule 2 to the Parliamentary Commissioner Act 1967( 6 );

(ii) the entries relating to the following provisions of the 1974 Act—

(aa) sections 32(1) in so far as it omits from “and the rules” to the end, (2), (4) and (6), 33(2), 34(7) and (8), 43(5), 47(2)(c), (4) and (5), 76 to 78, 80(2) and the definition of “controlled trust” in section 87(1);

(bb) paragraph 1(1)(h) and (2) of Schedule 1; and

(cc) Schedule 2;

(iii) the entry relating to Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975( 7 );

(iv) the entry relating to Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975( 8 );

(v) the entries relating to the following provisions of the 1985 Act—

(aa) sections 2, 9, 10, 15(7) and (8), 24, 26(2)(g), (5) and (6), 29(1), 31, 32, 34(2)(c) to (e), 35(2) and 39(1);

(bb) paragraphs 1, 4(2), 11, 12, 16(1), 17(a) in so far as it omits “11(1), 15(2) or”, 18(2), 18(4), 20(2), 31, 32(2), 34(1) and 35 of Schedule 2;

(cc) paragraphs 2(3) and 3 of Schedule 3;

(dd) paragraph 3 of Schedule 4;

(ee) paragraph 1(2) of Schedule 5;

(ff) Schedule 6 with the exception of paragraphs 4(3) and (3A) and 9(2); and

(gg) paragraph 2 of Schedule 9;

(vi) the entries relating to the following provisions of the 1990 Act( 9 )—

(aa) sections 34 to 52, 53(9)(e) and 120(4) in so far as it omits 37(10) and 40(1);

(bb) Schedules 5 to 7;

(cc) paragraphs 11, 13 and 23 of Schedule 8;

(dd) paragraphs 1, 5 and 15 of Schedule 14; and

(ee) paragraph 1(1) and (2) of Schedule 18; and

(vii) the entry relating to “The Authorised Conveyancing Practitioners Board.” in Part 6 of Schedule 1 to the Freedom of Information Act 2000( 10 ).

3. The provisions in the first column of the following table come into force on 31st March 2009 in so far as they define the term in the second column of the table for the purpose of the provisions in the third column—

Transitory provisions

4. —(1) Until paragraph 19 of Schedule 4 comes into force, the Law Society may make—

(a) rules under paragraph 6B of Schedule 1 to the 1974 Act (as inserted by paragraph 77(6) of Schedule 16) only with the concurrence of the Lord Chancellor; and

(b) the following rules and regulations only with the concurrence of the Lord Chancellor and the Master of the Rolls—

(i) rules under sections 36 and 36A of the 1974 Act (as substituted by paragraph 37 of Schedule 16);

(ii) regulations under section 43(2A) of the 1974 Act (as substituted by paragraph 42 of Schedule 16);

(iii) regulations under section 44C of the 1974 Act (as substituted by paragraph 45 of Schedule 16);

(iv) rules under section 44D(7) of the 1974 Act (as inserted by paragraph 46 of Schedule 16);

(v) regulations under paragraph 14A of Schedule 2 to the 1985 Act (as substituted by paragraph 102 of Schedule 16); and

(vi) rules under paragraph 14B(7) of Schedule 2 to the 1985 Act (as inserted by paragraph 103 of Schedule 16).

(2) Until section 21 comes into force—

(a) section 36 of the 1974 Act (as substituted by paragraph 37 of Schedule 16) has effect as if subsection (7) were omitted; and

(b) section 89 of the 1990 Act (as amended by paragraph 125 of Schedule 16) has effect as if subsection (8A) were omitted.

(3) Until paragraph 39 of Schedule 16 comes into force—

(a) section 44B of the 1974 Act (as substituted by paragraph 44 of Schedule 16) has effect as if the following paragraph were inserted immediately after paragraph (b) of subsection (3)—

“ (ba) whether any professional services provided by a solicitor were not of the quality which it is reasonable to expect of him as a solicitor; ” ; and

(b) paragraph 14 of Schedule 2 to the 1985 Act (as substituted by paragraph 101 of Schedule 16) has effect as if the word “or” were omitted from the end of sub-paragraph (1)(a) and the following paragraph were inserted immediately after paragraph (a) of sub-paragraph (1)—

“ (aa) any professional services provided by a recognised body were not of the quality which it is reasonable to expect of it as a recognised body; or ” .

(4) Until paragraph 1 of Schedule 4 comes into force—

(a) for section 47(2H)(a) and (b) of the 1974 Act (as inserted by paragraph 49(f) of Schedule 16) substitute—

“ (a) if the employee is regulated by a designated regulator (as defined by paragraph 2(2) and (3) of Schedule 22 to the Legal Services Act 2007), the relevant designated regulator in relation to that employee, and

(b) if the employee is not regulated by a designated regulator, any body which regulates the carrying on of activities by that employee. ” ; and

(b) for paragraph 18A(7)(a) and (b) of Schedule 2 to the 1985 Act (as inserted by paragraph 107 of Schedule 16) and paragraph 4(2C)(a) and (b) of Schedule 6 to the 1985 Act (as inserted by paragraph 32(6)(f) of Schedule 17) substitute—

“ (a) if the person is regulated by a designated regulator (as defined by paragraph 2(2) and (3) of Schedule 22 to the Legal Services Act 2007), the relevant designated regulator in relation to that person, and

(b) if the person is not regulated by a designated regulator, any body which regulates the carrying on of activities by that person. ” .

(5) Until section 13 comes into force, the references to an “authorised person” in—

(a) section 56(5)(d) of the 1974 Act (as inserted by paragraph 54(6)(b) of Schedule 16), and

(b) section 66(b) of the 1974 Act (as inserted by paragraph 62(e) of Schedule 16),

are to be read as if the definition in section 18 were in force.

(6) Until paragraph 26 of Schedule 16 comes into force, paragraph 81 of Schedule 16 (which amends section 9 of the 1985 Act) has effect as if for sub-paragraph (7) there were substituted—

“ (7) In subsection (4) for “an officer” (in both places) substitute “a manager”. ” .

(7) Until paragraph 23 of Schedule 17 comes into force, paragraph 20 of Schedule 17 has effect as if sub-paragraph (4) which inserts new subsection (1)(ba) into section 32 of the 1985 Act were omitted.

(8) Until Part 1 of Schedule 10 comes into force, paragraph 20(11) of Schedule 17 which inserts new subsections (8) and (9) into section 32 of the 1985 Act has effect as if the new subsection (9) of section 32 of the 1985 Act were omitted.

(9) Until section 15 comes into force, paragraph 15(1)(i) and (o) of Schedule 22 has effect as if the reference to that section were omitted.

Transitional provision

5. Notwithstanding their substitution or omission the following provisions will continue to have effect where the application for the grant of compensation was made before 31st March 2009—

(a) section 36 of the 1974 Act (substituted by paragraph 37 of Schedule 16);

(b) Schedule 2 to the 1974 Act (omitted by paragraph 79 of Schedule 16);

(c) paragraph 6 of Schedule 2 to the 1985 Act (substituted by paragraph 94 of Schedule 16); and

(d) paragraph 6 of Schedule 14 to the 1990 Act (substituted by paragraph 132 of Schedule 16);

Appointed day provision

6. The day appointed for the purposes of section 30 of the 2007 Act is 31st December 2009.