1. This Order may be cited as the Solicitors’ Recognised Bodies (Amendment) Order 2009 and comes into force—
(a)as to article 2(3)(c), on 1st October 2009;
(b)otherwise, on 31st March 2009 immediately after sections 9 and 9A(1) of the Administration of Justice Act 1985.
2.—(1) The Solicitors’ Incorporated Practices Order 1991(2) is renamed the Solicitors’ Recognised Bodies Order 1991 and is amended as follows.
(2) In article 1 (Citation and commencement) for “Solicitors’ Incorporated Practices Order 1991” substitute “Solicitors’ Recognised Bodies Order 1991”.
(3) In article 3—
(a)omit “corporate” and “the Council of” from the definition of “recognised body”;
(b)in the definition of “member” insert “or who is a partner” before “of a recognised body”; and
(c)in the definitions of “holding company” and “subsidiary” for “Section 786 of the Companies Act 1985” substitute “section 1159 of the Companies Act 2006(3)”.
(4) In Schedule 1—
(a)omit the entries relating to the statutes and statutory instruments listed in Schedule 1 to this Order;
(b)in the entry relating to section 146(2) and (4) of the Consumer Credit Act 1974(4) substitute “1974” for “1947”; and
(c)insert the following entry at the end of the list of statutes which apply to recognised bodies—
| “1996 c. 52 | Housing Act | Sections 30(2) and 47(2)”. |
(5) In Schedule 2—
(a)omit the entries listed in Schedule 2 to this Order; and
(b)insert the following entry at the end of the table of “Statutory Instruments Which Apply to Recognised Bodies With Additions, Omissions and Modifications”—
| “Reference | Title | Extent and modifications |
|---|---|---|
| S.I. 1999/728 | Prison Rules | Rule 2(1) – in the definition of “legal adviser”, in relation to visits to a prisoner, “solicitor” shall not include a recognised body but “a clerk acting on behalf of his solicitor” shall include a clerk acting on behalf of a recognised body. In relation to correspondence, “solicitor” shall include a recognised body.”. |
3. Omit the word “corporate” in the definition of “recognised body” in the following provisions—
(a)article 2 of the Solicitors’ (Non-Contentious Business) Remuneration Order 1994(5); and
(b)article 7(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(6).
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
5th March 2009