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Statutory Instruments

2009 No. 500

Legal Profession, England And Wales

The Solicitors’ Recognised Bodies (Amendment) Order 2009

Made

5th March 2009

Laid before Parliament

9th March 2009

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 9(7) of the Administration of Justice Act 1985(1) and section 208(2) of the Legal Services Act 2007(2).

Citation and commencement

1.  This Order may be cited as the Solicitors’ Recognised Bodies (Amendment) Order 2009 and comes into force—

(a)as to article 2(3)(c), on 1st October 2009;

(b)otherwise, on 31st March 2009 immediately after sections 9 and 9A(3) of the Administration of Justice Act 1985.

Amendments to the Solicitors’ Incorporated Practices Order 1991

2.—(1) The Solicitors’ Incorporated Practices Order 1991(4) is renamed the Solicitors’ Recognised Bodies Order 1991 and is amended as follows.

(2) In article 1 (Citation and commencement) for “Solicitors’ Incorporated Practices Order 1991” substitute “Solicitors’ Recognised Bodies Order 1991”.

(3) In article 3—

(a)omit “corporate” and “the Council of” from the definition of “recognised body”;

(b)in the definition of “member” insert “or who is a partner” before “of a recognised body”; and

(c)in the definitions of “holding company” and “subsidiary” for “Section 786 of the Companies Act 1985” substitute “section 1159 of the Companies Act 2006(5)”.

(4) In Schedule 1—

(a)omit the entries relating to the statutes and statutory instruments listed in Schedule 1 to this Order;

(b)in the entry relating to section 146(2) and (4) of the Consumer Credit Act 1974(6) substitute “1974” for “1947”; and

(c)insert the following entry at the end of the list of statutes which apply to recognised bodies—

“1996 c. 52Housing ActSections 30(2) and 47(2)”.

(5) In Schedule 2—

(a)omit the entries listed in Schedule 2 to this Order; and

(b)insert the following entry at the end of the table of “Statutory Instruments Which Apply to Recognised Bodies With Additions, Omissions and Modifications”—

“ReferenceTitleExtent and modifications
S.I. 1999/728Prison RulesRule 2(1) – in the definition of “legal adviser”, in relation to visits to a prisoner, “solicitor” shall not include a recognised body but “a clerk acting on behalf of his solicitor” shall include a clerk acting on behalf of a recognised body. In relation to correspondence, “solicitor” shall include a recognised body.”.

Amendments consequential upon the Legal Services Act 2007

3.  Omit the word “corporate” in the definition of “recognised body” in the following provisions—

(a)article 2 of the Solicitors’ (Non-Contentious Business) Remuneration Order 1994(7); and

(b)article 7(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(8).

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

5th March 2009

Article 2(4)(a)

SCHEDULE 1Omission of Statutes and Statutory Instruments Which Apply to Recognised Bodies

PART 1Statutes

PART 2Statutory Instruments

Article 2(5)(a)

SCHEDULE 2Omission of Statutes and Statutory Instruments Which Apply to Recognised Bodies With Additions, Omissions and Modifications

PART 1Statutes

PART 2Statutory Instruments

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Solicitors’ Incorporated Practices Order 1991 (S.I. 1991/2684), which is renamed by this Order as the Solicitors’ Recognised Bodies Order 1991, which provided for certain enactments which had effect in relation to solicitors to apply also to recognised bodies (entities recognised by the Law Society under section 9 of the Administration of Justice Act 1985 (c. 61) as suitable to carry on legal services).

Paragraphs 81 and 82 of Schedule 16 to the Legal Services Act 2007 (c. 29) amend section 9 and add a new section 9A to the Administration of Justice Act 1985. One of the effects of these changes is to allow the Law Society to regulate partnerships and unincorporated bodies (as well as bodies corporate, including LLPs, as previously) as recognised bodies.

This Order also removes references to enactments or instruments which are no longer effective.

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

(1)

1985 c. 61. Section 9(7) has been amended by the Legal Services Act 2007 (c. 29), see S.I. 2008/1436, article 2(d)(ii). Sections 9 and 9A are amended and substituted by paragraphs 81 and 82 of Schedule 16 to the Legal Services Act 2007 (as amended by S.I. 2008/3074).

(3)

As amended and substituted by paragraphs 81 and 82 of Schedule 16 to the Legal Services Act 2007 (section 9A was amended by S.I. 2008/3074).

(4)

S.I. 1991/2684 as amended by S.I. 2001/645.

(11)

1891 c. 8.