Legal Aid, Sentencing and Punishment of Offenders Act 2012

Part 3 Supplementary

Disapplying restrictions on transfer

8 Paragraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation to property, rights, powers, duties and liabilities in spite of any provision (of any nature) which would otherwise prevent or restrict their transfer.

Certificate

9 A certificate issued by the Lord Chancellor stating that anything specified in the certificate has vested in a person specified in the certificate by virtue of any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive evidence of that fact for all purposes.

Validity

10 The transfer of property, rights, powers, duties or liabilities by any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the validity of anything done by or in relation to the LSC before that paragraph or scheme has effect.

Power to make further provision

11 (1) The Lord Chancellor may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in connection with—

(a) transfers effected by this Schedule, or

(b) schemes made under this Schedule.

(2) The regulations may, in particular, include provision modifying an enactment (whenever passed or made), including this Schedule.

Interpretation

12 (1) In this Schedule—

• “the LSC” means the Legal Services Commission;

• “the transfer day” means the day on which section 38(1) comes into force (subject to regulations under sub-paragraph (2));

• “enactment” means an enactment contained in an Act or an instrument made under an Act (and “Act” includes an Act or Measure of the National Assembly for Wales).

(2) The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).