The Legal Services Act 2007 (Disclosure of Restricted Information) Order 2011

Statutory Instruments

2011 No. 122

Legal Services, England And Wales

The Legal Services Act 2007 (Disclosure of Restricted Information) Order 2011

Made

21st January 2011

Laid before Parliament

25th January 2011

Coming into force

28th February 2011

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 152(3)(g) and 168(3)(g) of the Legal Services Act 2007(1).

Citation and commencement E+W

1.  This Order may be cited as the Legal Services Act 2007 (Disclosure of Restricted Information) Order 2011 and comes into force on 28th February 2011.

Commencement Information

I1 Art. 1 in force at 28.2.2011, see art. 1

Persons to whom information may be disclosed E+W

2.  Each of the persons listed in Schedule 1 is prescribed under section 152(3)(g) of the Legal Services Act 2007 for the purpose of enabling or assisting it to exercise any of its regulatory functions.

Commencement Information

I2 Art. 2 in force at 28.2.2011, see art. 1

3.  Each of the persons listed in Schedule 2 is prescribed under section 168(3)(g) of the Legal Services Act 2007 for the purpose of enabling or assisting it to exercise any of its regulatory functions.

Commencement Information

I3 Art. 3 in force at 28.2.2011, see art. 1

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

21st January 2011

Article 2

SCHEDULE 1 E+W

Commencement Information

I4 Sch. 1 in force at 28.2.2011, see art. 1

• The [F1 Competition and Markets Authority]

• [F2 The Financial Conduct Authority

• The Prudential Regulation Authority

• The Bank of England (in its capacity as a regulator of recognised clearing houses [F3 land recognised CSDs] (within the meaning of the Financial Services and Markets Act 2000)).]

• The Financial Reporting Council Limited (registered number 02486368) and its operating bodies the Professional Oversight Board, the Financial Reporting Review Panel, the Accounting Standards Board, the Auditing Practices Board, the Board for Actuarial Standards and the Accountancy and Actuarial Discipline Board Limited (registered number 05081857)

• F4 ...

• The Law Society of Scotland

• The Scottish Legal Complaints Commission

• The Law Society of Northern Ireland

• The Insolvency Service

• The Bar Council of Northern Ireland

Textual Amendments

F1 Words in Sch. 1 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 43 (with art. 3)

F2 Words in Sch. 1 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 197

F3 Words in Sch. 1 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 35 (with regs. 7(4), 9(1))

F4 Words in Sch. 1 omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 101

Article 3

SCHEDULE 2 E+W

Commencement Information

I5 Sch. 2 in force at 28.2.2011, see art. 1

• The Insolvency Service

• The Financial Reporting Council Limited (registered number 02486368) and its operating bodies the Professional Oversight Board, the Financial Reporting Review Panel, the Accounting Standards Board, the Auditing Practices Board, the Board for Actuarial Standards and the Accountancy and Actuarial Discipline Board Limited (registered number 05081857)

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 152 and 168 of the Legal Services Act 2007 (c. 29) set out the circumstances in which the Office for Legal Complaints and the Legal Services Board respectively may disclose restricted information (information obtained in the exercise of their regulatory functions, principally during the investigation of a complaint). This Order specifies additional persons to whom the Office for Legal Complaints and the Legal Services Board may disclose restricted information and prescribes the purposes for which it may be disclosed.

A Regulatory Impact Assessment was prepared for the Legal Services Bill in November 2006 and supplemented in June 2007. In addition an Impact Assessment has been prepared specifically for this Order. That Impact Assessment is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

(1)

2007 c. 29.