The Legal Services Act 2007 (Licensing Authority) Order 2014

Statutory Instruments

2014 No. 1925

Legal Services, England And Wales

The Legal Services Act 2007 (Licensing Authority) Order 2014

Made

21st July 2014

Laid before Parliament

22nd July 2014

Coming into force

14th August 2014

The Institute of Chartered Accountants in England and Wales (“the Institute”), has applied to the Legal Services Board (“the Board”) under paragraph 1 of Schedule 10 to the Legal Services Act 2007(1) (“the Act”) to become designated as a licensing authority in relation to probate activities, having made the application specified by paragraph 1(3)(b) of that Schedule in relation to that reserved legal activity(2).

The Board has made a recommendation to the Lord Chancellor under paragraph 14 of Schedule 10 to the Act, having complied with the requirements of that Schedule, and having granted the Institute’s application.

The Lord Chancellor makes the following Order in exercise of the power conferred by paragraph 15(1)(a) of Schedule 10 to the Act, having satisfied the precondition described in paragraph 15(3) of that Schedule.

Citation and commencement

1.  This Order may be cited as the Legal Services Act 2007 (Licensing Authority) Order 2014 and comes into force on 14th August 2014.

Designation as a licensing authority

2.  The Institute of Chartered Accountants in England and Wales is designated as a licensing authority in relation to probate activities(3).

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

21st July 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates the Institute of Chartered Accountants in England and Wales (“the Institute”) as a licensing authority under Part 5 (alternative business structures) of the Legal Services Act 2007 (c. 29) (“the Act”) in relation to probate activities. Part 5 of the Act makes provision about licensing authorities and their functions. The Institute is already an approved regulator in relation to probate activities by virtue of the Legal Services Act 2007 (Approved Regulator) Order 2014 (S.I. 2014/1872). Designation will allow the Institute to license alternative business structures, such as firms which are wholly or partly owned or controlled by non-lawyers to provide legal services, or a mixture of legal and other services, relating to probate activities, to the public.

An Impact Assessment has not been prepared for this Order. A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s consultation on the Legal Services Bill and is available at http://www.justice.gov.uk or from the Head of Legal Services Policy, Law and Access to Justice Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ.

(1)

2007 c. 29.

(2)

S.I. 2014/1872 designated the Institute of Chartered Accountants in England and Wales as an approved regulator in relation to probate activities.

(3)

“Probate activities” are a reserved legal activity under section 12(1)(d) of the Legal Services Act 2007. Paragraph 6(1) of Schedule 2 to that Act makes provision about what constitutes such activity.