The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2010

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2010 No. 2262

Legal Profession, England And Wales

The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2010

Made

13th September 2010

Laid before Parliament

14th September 2010

Coming into force in accordance with article 1(2)

The Lord Chancellor, the Master of the Rolls, the President of the Law Society, a member of the Legal Services Board nominated by that Board, the president of the Sussex law society and the Chief Land Registrar (in respect of business done under the Land Registration Act 2002(1)), being members of the committee authorised to make orders under section 56 of the Solicitors Act 1974(2), in exercise of the powers conferred on them by that section and having complied with the requirements of section 56(3), make the following Order.

1.—(1) This Order may be cited as the Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2010.

(2) This Order comes into force on the commencement of section 137(2)(b)(i) of the Legal Services Act 2007(3).

2.—(1) The Solicitors’ (Non-Contentious Business) Remuneration Order 2009(4) is amended as follows.

(2) In article 2 after the definition of “manager” insert—

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

(3) In article 5(4)—

(a) after sub-paragraph (a) insert —

“(aa) the fees specified in a direction made by the ombudsman under section 137(2)(b)(i) of the Legal Services Act 2007; or”; and

(b) in sub-paragraph (b) for “taxation” substitute “assessment” and for “taxed” substitute “assessed”.

David Neuberger

Linda Lee

Chris Kenny

N J Evans

Marco Pierleoni

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

13th September 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Solicitors’ (Non-Contentious Business) Remuneration Order 2009 (S.I. 2009/1931) which deals with the remuneration of solicitors in respect of non-contentious business. The amendments provide for interest which may be charged on solicitors’ unpaid costs to be calculated by reference to the fees contained in a direction made by an ombudsman of the Office for Legal Complaints under section 137(2)(b)(i) of the Legal Services Act 2007 (c. 29). The Order also substitutes new terminology for the assessment of costs.

(1)

2002 c. 9.

(2)

1974 c. 47. Section 56 was amended by the Land Registration Act 2002, section 133 and paragraph 12(1) and (2) of Schedule 11 and the Legal Services Act 2007 (c. 29), section 177 and paragraphs 1 and 54 of Schedule 16; and modified by the Administration of Justice Act 1985 (c. 61), section 9 and paragraphs 22 and 23 of Schedule 2 and S.I. 2000/1119, regulations 1 and 37(3) and paragraph 7(2) of Schedule 4.

(3)

2007 c. 29.

(4)

S.I. 2009/1931.