Statutory Instruments
2011 No. 2196 (C. 79)
Legal Services, England And Wales
The Legal Services Act 2007 (Commencement No. 11, Transitory and Transitional Provisions and Related Amendments) Order 2011
Made
5th September 2011
Laid before Parliament
7 th September 2011
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( 1 ).
Citation, commencement and interpretation
(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( 2 );
(ii) paragraph 18(3) of Schedule 2 to the Administration of Justice Act 1985( 3 );
(iii) sections 279 and 280(3) and (4) of the Copyright, Designs and Patents Act 1988( 4 ); and
(iv) sections 63, 94(1) and (2) and 120(4) of the Courts and Legal Services Act 1990( 5 ).
(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( 6 ) 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( 7 ) for “Until section 73 (licensing authorities and relevant licensing authorities)” substitute “Until section 73(1)(a)”.
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
5th September 2011
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.
1988 c. 48 . Section 280(3) is amended by the Legal Services Act 2007, paragraphs 75 and 77(d) of Schedule 21.
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).