Modifications etc. (not altering text)
C1Pt. I extended (1.9.2001) by 2001 c. 17, s. 6(2)(c) (with ss. 16(5), 78); S.I. 2001/2161, art. 2
C2Pt. 1: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)
Pt. 1: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)
(1)There shall be a body known as the Legal Services Commission (in this Part referred to as “the Commission”).
(2)The Commission shall have the functions relating to—
(a)the Community Legal Service, and
(b)the Criminal Defence Service,
which are conferred or imposed on it by the provisions of this Act or any other enactment.
(3)The Commission shall consist of—
(a)not fewer than [F1four] members, and
(b)not more than [F2six] members;
but the [F3Lord Chancellor] may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.
(4)The members of the Commission shall be appointed by the [F3Lord Chancellor]; and the [F3Lord Chancellor] shall appoint one of the members to chair the Commission.
(5)In appointing persons to be members of the Commission the [F3Lord Chancellor] shall have regard to the desirability of securing that the Commission includes members who (between them) have experience in or knowledge of—
(a)the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,
(b)the work of the courts,
(c)consumer affairs,
(d)social conditions, and
(e)management.
(6)Schedule 1 (which makes further provision about the Commission) has effect.
Textual Amendments
F1Word in s. 1(3)(a) substituted (30.5.2011) by The Legal Services Commission (Number of Commissioners) Order 2011 (S.I. 2011/1191), arts. 1, 2(a)
F2Word in s. 1(3)(b) substituted (30.5.2011) by The Legal Services Commission (Number of Commissioners) Order 2011 (S.I. 2011/1191), arts. 1, 2(b)
F3Words in s. 1 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)
(1)The [F4Lord Chancellor] may by order establish in place of the Commission two bodies—
(a)one to have functions relating to the Community Legal Service, and
(b)the other to have functions relating to the Criminal Defence Service.
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The order shall include amendments of—
(a)any provisions of, or amended by, this Part which refer to the Commission, and
(b)any other enactments which so refer,
to replace references to the Commission with references to either or both of the bodies established by the order.
Textual Amendments
F4Words in s. 2 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)
F5S. 2(2) repealed (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 153(2), 182(4)(d), Sch. 23 Pt. 6 (with s. 180); S.I. 2010/145, art. 2(2), Sch. paras. 1427(b)
(1)Subject to the provisions of this Part, the Commission may do anything which it considers—
(a)is necessary or appropriate for, or for facilitating, the discharge of its functions, or
(b)is incidental or conducive to the discharge of its functions.
(2)In particular, the Commission shall have power—
(a)to enter into any contract,
(b)to make grants (with or without conditions),
(c)to make loans,
(d)to invest money,
(e)to promote or assist in the promotion of publicity relating to its functions,
(f)to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of its functions, and
(g)to give the [F6Lord Chancellor] any advice which it may consider appropriate in relation to matters concerning any of its functions.
(3)Subsections (1) and (2) do not confer on the Commission power to borrow money.
(4)The Commission may make such arrangements as it considers appropriate for the discharge of its functions, including the delegation of any of its functions.
(5)The [F6Lord Chancellor] may by order require the Commission—
(a)to delegate any function specified in the order or to delegate any function so specified to a person (or person of a description) so specified,
(b)not to delegate any function so specified or not to delegate any function so specified to a person (or person of a description) so specified, or
(c)to make arrangements such as are specified in the order in relation to the delegation of any function so specified.
Textual Amendments
F6Words in s. 3 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 8, Sch. para. 4(a)