Citation, commencement and interpretation

1.–(1) This Order may be cited as the Legal Services Act 2007 (Commencement No. 5, Transitory and Transitional Provisions) Order 2009.

(2) This Order comes into force on 1st July 2009.

(3) In this Order–

(a) "the 1974 Act" means the Solicitors Act 1974(2);

(b) "the 1990 Act" means the Courts and Legal Services Act 1990(3);

(c) "the 2007 Act" means the Legal Services Act 2007; and

(d) 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 1st July 2009–

(a) in Part 1 of Schedule 16 (The Law Society, solicitors, recognised bodies and foreign lawyers)–

(i) paragraphs 3, 5, 6, 7(a), 9, 10, 12, 13, 18, 19, 22, 23, 40, 49(a), (c) and (e), 50(a)(i), 52 and 54(2)(b) and 75(b) and (c) in so far as it omits the definitions of "indemnity conditions", "replacement date" and "training conditions",

(ii) paragraphs 11 and 15 subject to article 3 below,

(iii) paragraphs 8(3) to (5), 14, 16, 17, 20, 41(3) to (6) and 51 subject to article 4 below, and

(iv) paragraph 30 subject to articles 3 and 4 below;

(b) in Part 3 of Schedule 16 (The Law Society, solicitors, recognised bodies and foreign lawyers)–

(i) paragraphs 128(d), (e)(ii), (f) and (g), 129, and

(ii) paragraphs 135 and 138 subject to article 4 below; and

(c) in Schedule 23 (Repeals), the entries relating to–

(i) sections 6(2) to (4), 8(5), 12, 12A, 14, 28, 40, 41(5), 49(4) and (7) and the definitions of "indemnity conditions", "replacement date" and "training conditions" in section 87(1) of the 1974 Act, and

(ii) paragraphs 2(3) and (5), 14(2) and (3) and 17(2) and (4) of Schedule 14 to the 1990 Act.

Transitory provisions

3.–(1) Until paragraph 19 of Schedule 4 comes into force–

(a) the Law Society may make rules under section 13ZA(7) of the 1974 Act (as inserted by paragraph 15 of Schedule 16) only with the concurrence of the Secretary of State and the Master of the Rolls; and

(b) the power of the Law Society in section 28(1) of the 1974 Act (as amended by paragraph 30(2) of Schedule 16) to make regulations must be exercised by the Master of the Rolls with the concurrence of the Secretary of State and the Lord Chief Justice.

(2) Until section 51 comes into force in its entirety–

(a) section 13ZB of the 1974 Act (as inserted by paragraph 15 of Schedule 16) has effect as if subsections (3) and (4) were omitted;

(b) all fees payable under sections 11 and 13ZB of the 1974 Act (as inserted by paragraphs 11 and 15 respectively of Schedule 16) must be applied by the Law Society for one or more of the following purposes–

(i) the regulation, accreditation, education and training of solicitors and those wishing to become solicitors, including the maintaining and raising of their professional standards and giving advice on practice management and practical support for solicitors´ practices,

(ii) the participation by the Law Society in law reform and the legislative process,

(iii) the provision by solicitors and those wishing to become solicitors of free legal services to the public,

(iv) the promotion of the protection by law of human rights and fundamental freedoms, and

(v) the promotion by the Law Society of the professional interests of solicitors through discussion with, and participation in the activities of, relevant national and international bodies, governments and the legal professions of other jurisdictions; and

(c) the power of the Law Society to determine the level of fees payable under sections 11 and 13ZB of the 1974 Act (as inserted by paragraphs 11 and 15 respectively of Schedule 16) must be exercised by the Master of the Rolls with the concurrence of the Secretary of State and the Lord Chief Justice.

Transitional provision

4. For the purpose of any appeals made to the Master of the Rolls under the following provisions before 1st July 2009, those provisions and any provision necessary to give full effect to the appeals process continue to have effect after 1st July 2009 as they had effect immediately before that date–

(a) sections 8, 13, 13A, 13B, 16, 28, 41 or 49 of the 1974 Act; and

(b) paragraphs 14 and 17 of Schedule 14 to the 1990 Act.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the fifth commencement order made under the Legal Services Act 2007 (c. 29) ("the 2007 Act"). This Order comes into force on 1st July 2009.

Article 2 brings into force various provisions of the 2007 Act. The following table shows the effect of those provisions:

Article 3(1) prescribes the concurrence requirements for Law Society rules and regulations (made under sections 13ZA and 28 of the Solicitors Act 1974) until such time as the Law Society´s regulatory arrangements are approved by the Legal Services Board.

Article 3(2) prescribes the purposes for which Law Society practising fees may be applied and the concurrence requirements for the level of those fees until such time as practising fees are controlled by the Legal Services Board in accordance with section 51 of the Legal Services Act 2007.

Article 4 makes transitional provision for appeals made to the Master of the Rolls before 1st July 2009 to continue to be heard by him.

An impact assessment has not been prepared for this Order, but a full Regulatory Impact Assessment was prepared for the Legal Services Bill in November 2006, supplemented in June 2007. Copies of those documents are annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2007 Act have been brought into force by commencement orders made before the date of this Order: