The Solicitors’ (Non-Contentious Business) Remuneration Order 2009

Interpretation E+W

2.  In this Order—

“client” means the client of a solicitor;

“costs” means the amount charged in a solicitor’s bill, exclusive of disbursements and value added tax, in respect of non-contentious business;

“entitled person” means a client or an entitled third party;

“entitled third party” means a residuary beneficiary absolutely and immediately (and not contingently) entitled to an inheritance, where a solicitor has charged the estate for his professional costs for acting in the administration of the estate and the only personal representatives are—

(a)

solicitors (whether or not acting in a professional capacity);

(b)

solicitors acting jointly with partners, managers or employees in a professional capacity;

(c)

employees of a solicitor sole practitioner acting in that capacity; or

(d)

managers or employees of a recognised body [F1 or a licensed body] acting in that capacity;

[F2 “licensed body” means a body which holds a licence issued by the Law Society which is in force under Part 5 of the Legal Services Act 2007;]

“manager” has the same meaning as in the Legal Services Act 2007(1) (see section 207 of that Act);

[F3 “ombudsman” has the same meaning as in the Legal Services Act 2007 (see section 122(5) of that Act);]

“paid disbursements” means disbursements already paid by the solicitor;

“recognised body” means a body recognised by the Law Society under section 9 of the Administration of Justice Act 1985(2);

“registered European lawyer” means a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000(3) [F4 , as those Regulations have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020,] who is registered with the Law Society;

“residuary beneficiary” includes a person entitled to all or part of the residue of an intestate estate; and

“solicitor” includes a registered European lawyer [F5 , a recognised body and a licensed body].

Textual Amendments

F1 Words in art. 2 inserted (20.2.2012) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012 (S.I. 2012/171), arts. 1(2), 2(1)(a)

F2 Words in art. 2 inserted (20.2.2012) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012 (S.I. 2012/171), arts. 1(2), 2(1)(b)

F3 Words in art. 2 inserted (6.10.2020) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2010 (S.I. 2010/2262), arts. 1(2), 2(2); S.I. 2010/2089, art. 2(a)

F4 Words in art. 2 inserted (31.12.2020) by The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (S.I. 2020/1342), reg. 1(1), Sch. para. 17 (with Sch. para. 13)

F5 Words in art. 2 substituted (20.2.2012) by The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012 (S.I. 2012/171), arts. 1(2), 2(1)(c)

Commencement Information

I1 Art. 2 in force at 11.8.2009, see art. 1(2)

(1)

2007 c. 29.

(2)

1985 c. 61, as amended by the Legal Services Act 2007 (c. 29), section 177 and paragraph 81 of Schedule 16.

(3)

S.I. 2000/1119.