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
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().
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();
“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() 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().
Provisions coming into force on 6th April 2016
2. Section 44() (conditional fee agreements: success fees) and section 46() (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 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 6th 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
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
|