The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 12) Order 2016

Statutory Instruments

2016 No. 345 (C. 19)

Legal Services, England And Wales

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 12) Order 2016

Made

10th March 2016

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(1).

Citation and interpretation

1.—(1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 12) Order 2016.

(2) In this Order—

“the 1986 Act” means the Insolvency Act 1986(2);

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

“company” means a company within the meaning of section 1 of the Companies Act 2006(3) or a company which may be wound up under Part V of the 1986 Act; and

“proceedings” has the same meaning as in section 58A(4) of the Courts and Legal Services Act 1990(4).

Provisions coming into force on 6th April 2016

2.  Section 44(5) (conditional fee agreements: success fees) and section 46(6) (recovery of insurance premiums) of the 2012 Act come into force on 6th April 2016 in relation to—

(a) proceedings in England and Wales brought by a person acting in the capacity of—

(i) a liquidator of a company which is being wound up in England and Wales or Scotland under Parts IV or V of the 1986 Act; or

(ii) a trustee of a bankrupt’s estate under Part IX of the 1986 Act;

(b) proceedings brought by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the 1986 Act;

(c) proceedings in England and Wales brought by a company which is being wound up in England and Wales or Scotland under Parts IV or V of the 1986 Act; and

(d) proceedings brought by a company which has entered administration under Part II of the 1986 Act.

Signed by authority of the Secretary of State

Edward Faulks

Minister of State

Ministry of Justice

10th March 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the twelfth 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 6^th April 2016, section 44 (conditional fee agreements: success fees) and section 46 (recovery of insurance premiums by way of costs) of the 2012 Act in relation to insolvency proceedings. Insolvency proceedings were previously excluded from the commencement of sections 44 and 46 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).

The transitional provisions in sections 44(6) and 46(3) of the 2012 Act have effect in respect of the provisions commenced by this Order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Sections 1 to 18 Section 19 (except as to subsection (4)) Sections 20 to 37 Section 38 (except subsection (2)) Section 38(2) Sections 39 to 43 Section 44 (for the purpose of making orders, regulations or rules of court) Section 44 (in so far as not already in force) Section 45(10) and (8) Section 45 (in so far as not already in force for the purpose of making orders, regulations or rules of court) Section 45 (in so far as not already in force) Section 46 (for the purpose of making orders, regulations or rules of court) Section 46 (in so far as not already in force) Section 47 Section 48 Sections 49 to 54 Section 55 Sections 56 and 57 Section 58 Section 59 Section 60 Section 61 and 62 Sections 63 to 66 Section 67 (except subsections (2)(a) and (5)(a) Sections 68 to 75 Section 78 (except subsection (3)) Section 85 (except subsections (1), (2), (4) and (14) Section 85 (in so far as not already in force, except subsection (14)) Sections 86 and 87 Section 88 Sections 89 to 118 Sections 120 to 128 Sections 130 and 131 Sections 132 to 138 Section 139	1st April 2013 1st April 2013 1st April 2013 1st April 2013 4th March 2013 1st April 2013 19th January 2013 1st April 2013 1st October 2012 1st April 2013 1st April 2013 19th January 2013 1st April 2013 1st April 2013 19th January 2013 1st April 2013 1st October 2012 1st April 2013 4th March 2013 1st April 2013 4th March 2013 1st October 2012 3rd December 2012 3rd December 2012 3rd December 2012 3rd December 2012 28th May 2014 12th March 2015 28th May 2014 8th April 2013 3rd December 2012 3rd December 2012 3rd December 2012 8th April 2013 10th March 2014	2013/453 2013/453 2013/453 2013/453 2013/453 2013/453 2013/77 2013/77 2012/2412 2013/77 2013/77 2013/77 2013/77 2013/77 2013/77 2013/773 2012/2412 2013/453 2013/453 2013/453 2013/453 2012/2412 2012/2906 2012/2906 2012/2906 2012/2906 2014/1291 2015/504 2014/1291 2013/453 2012/2906 2012/2906 2012/2906 2013/453 2015/423
Section 140	1st October 2012	2012/2412
Section 141(7) to (9) and (12) Section 141 (so far as not previously in force) Sections 142 and 143 Section 144 Sections 145 to 147 Section 148 Schedules 1 to 3 Schedule 4 Schedules 5 and 6 Schedules 7 and 8 Schedules 9 to 22 Schedules 23 and 24 Schedule 25 (except paragraph 4) Schedules 26 and 27	1st October 2012 10th March 2014 3rd December 2012 1st September 2012 3rd December 2012 14th May 2013 1st April 2013 4th March 2013 1st April 2013 1st October 2012 3rd December 2012 8th April 2013 10th March 2014 3rd December 2012	2012/2412 2015/423 2012/2770 2012/1956 2012/2770 2013/1127 2013/453 2013/453 2013/453 2012/2412 2012/2906 2013/453 2015/423 2012/2770

(1)

2012 c. 10.

(2)

1986 c. 45.

(3)

2006 c. 46.

(4)

1990 c. 41.

(5)

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.

(6)

Section 46(2) of the 2012 Act omits section 29 of the Access to Justice Act 1999 (c. 22).