The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012

Statutory Instruments

2012 No. 171

Legal Profession, England And Wales

The Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012

Made

25th January 2012

Laid before Parliament

27th January 2012

Coming into force

20th February 2012

The Lord Chancellor, the Lord Chief Justice, 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 Worcestershire 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), make the following Order in exercise of the powers conferred on them by that section and having complied with the requirements of section 56(3) of that Act.

Citation and commencement

1.—(1) This Order may be cited as the Solicitors’ (Non-Contentious Business) Remuneration (Amendment) Order 2012.

(2) This Order comes into force on 20th February 2012.

Amendments to the Solicitors’ (Non-Contentious Business) Remuneration Order 2009

2.—(1) In article 2 of the Solicitors’ (Non-Contentious Business) Remuneration Order 2009(3)—

(a) in the definition of “entitled third party”, in paragraph (d) after “recognised body” insert “or a licensed body”;

(b) after the definition of “entitled third party” insert—

““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(4);”; and

(c) in the definition of “solicitor”, for “and a recognised body” substitute “, a recognised body and a licensed body”.

Judge, CJ

David Neuberger

John Wotton

Chris Kenny

R Humphreys

M Dawson

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

25th January 2012

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) (“the 2009 Order”) which deals with the remuneration of solicitors in respect of non-contentious business. The amendments extend the application of the 2009 Order to bodies which are wholly or partly owned or controlled by non-lawyers and are licensed by the Law Society under Part 5 of the Legal Services Act 2007 (c. 29) to provide legal services, or a mixture of legal and other services, to the public (“licensed bodies”).

This Order is made under section 56 of the Solicitors Act 1974 (c. 47), which is applied to licensed bodies with modifications by the Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866) (“the Designation Order”). It amends the 2009 Order so that it extends to licensed bodies but, by virtue of the modifications made by the Designation Order, only in relation to any activity of the licensed body which is an activity regulated by the Law Society in accordance with a licence issued under Part 5 of the Legal Services Act 2007.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2002 c. 9.

(2)

1974 c. 47. Section 56 is amended by paragraph 12(1) and (2) of Schedule 11 to the Land Registration Act 2002 (c. 9), and paragraphs 1 and 54 of Schedule 16 to the Legal Services Act 2007 (c. 29). Section 56 is modified by paragraphs 22 and 23 of Schedule 2 to the Administration of Justice Act 1985 (c. 61) and paragraph 7(2) and (2A) of Schedule 4 to S.I. 2000/1119. Section 56 has effect in relation to licensed bodies by virtue of paragraphs 1 and 4 of Schedule 1 to S.I. 2011/2866.

(3)

S.I. 2009/1931, amended by S.I. 2010/2262.

(4)

2007 c. 29.