Access to Justice Act 1999

Replacement of Legal Aid Board by Legal Services Commission

2 (1) When section 1 of this Act comes into force—

(a) the functions of the Legal Aid Board, and

(b) the property, rights and liabilities of the Board,

shall by virtue of this paragraph be transferred to the Legal Services Commission.

(2) Sub-paragraph (1)(b) has effect in relation to any property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent or restrict their transfer.

3 (1) Anything which, immediately before section 1 of this Act comes into force, is in the process of being done by or in relation to the Legal Aid Board may, if it relates to anything transferred by paragraph 2(1), be continued by or in relation to the Legal Services Commission.

(2) Anything done (or having effect as if done) by or in relation to the Legal Aid Board before the time when section 1 of this Act comes into force for the purpose of, or in connection with, anything transferred by paragraph 2(1) shall, so far as is required for continuing its effect after that time, have effect as if done by or in relation to the Legal Services Commission.

(3) Any reference to the Legal Aid Board in any document, including any enactment, constituting or relating to anything transferred by paragraph 2(1) shall, so far as is required for giving effect to that paragraph, be construed as a reference to the Legal Services Commission.

4 Where rights and liabilities under a contract of employment are transferred under paragraph 2(1)(b)—

(a) for the purposes of Part XI of the [1996 c. 18.] Employment Rights Act 1996 (redundancy payments etc.), the employee shall not be regarded as having been dismissed by virtue of the transfer, and

(b) for the purposes of that Act, the employee’s period of employment with the Legal Aid Board shall count as a period of employment with the Legal Services Commission and the change of employment shall not break the continuity of the period of employment.

5 (1) Any arrangements made by the Legal Aid Board under paragraph 10(2) of Schedule 1 to the [1988 c. 34.] Legal Aid Act 1988 (power to provide for pensions) before the time when section 1 of this Act comes into force shall be treated after that time (so far as may be necessary to preserve their effect) as having been made by the Legal Services Commission under paragraph 10(1) of Schedule 1 to this Act.

(2) For the purposes of any such arrangement as it has effect after section 1 of this Act comes into force, a person’s period of employment with the Legal Aid Board shall count as a period of employment with the Legal Services Commission.