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The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 12) Order 2016

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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

Made

10th March 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(1).

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(2);

“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(3) 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(4).

Provisions coming into force on 6th April 2016

2.  Section 44(5) (conditional fee agreements: success fees) and section 46(6) (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 note is not part of the Order)

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

(This note is not part of the Order)

ProvisionDate of CommencementS.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 1401st October 20122012/2412

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

(5)

Section 44 of the 2012 Act amends sections 58 and 58A of the Courts and Legal Services Act 1990 (“the 1990 Act”). Section 58 was substituted, and section 58A was inserted, by section 27(1) of the Access to Justice Act 1999 (c. 22) and was amended by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429). Section 58A was amended by section 139 of, and Schedule 3 to, the Adoption and Children Act 2002 (c. 38), section 261 of, and Schedules 27 and 30 to, the Civil Partnership Act 2004 (c. 33), the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 and section 3 of, and Schedule 2 to, the Forced Marriage (Civil Protection) Act 2007 (c. 20). There are other amendments to the 1990 Act not relevant to this Order.

(6)

Section 46(2) of the 2012 Act omits section 29 of the Access to Justice Act 1999 (c. 22).

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