25Provisional designation as approved regulators and licensing authoritiesE+W
(1)The Lord Chancellor may, by order, make provision—
(a)enabling applications to be made, considered and determined under Part 2 of Schedule 4 or Part 1 of Schedule 10 in relation to a provisional reserved activity, as if the activity were a reserved legal activity;
(b)enabling provisional designation orders to be made by the Lord Chancellor in respect of a provisional reserved activity, as if the activity were a reserved legal activity.
(2)An order under subsection (1) may, in particular, provide that Part 2 of Schedule 4 or Part 1 of Schedule 10 is to apply, in relation to such cases as may be specified by the order, with such modifications as may be so specified.
(3)The Lord Chancellor may also, by order, make provision—
(a)for the purpose of enabling applications for authorisation to carry on an activity which is a provisional reserved activity to be made to and considered and determined by—
(i)a body in respect of which a provisional designation order is made, or
(ii)the Board in its capacity as a licensing authority;
(b)for the purpose of enabling persons to be deemed to be authorised to carry on an activity which is a new reserved legal activity by a relevant approved regulator in relation to the activity, or by the Board in its capacity as a licensing authority, for a period specified in the order.
(4)For this purpose—
“provisional reserved activity” means an activity in respect of which a provisional report under paragraph 10 of Schedule 6 states that the Board is minded to make a recommendation for the purposes of section 24;
“provisional designation order” means an order made by the Lord Chancellor under Part 2 of Schedule 4 or Part 1 of Schedule 10 which is conditional upon the Lord Chancellor making an order under section 24 in respect of the provisional reserved activity, pursuant to a recommendation made by the Board following the provisional report;
“new reserved legal activity” means a legal activity which has become a reserved legal activity by virtue of an order under section 24.
Commencement Information
I1S. 25 partly in force: s. 25 not in force at Royal Assent see s. 211; s. 25 in force for certain purposes at 1.1.2010 by S.I. 2009/3250, art. 2(b)(i) (subject to art. 3(2) (as amended (30.9.2011) by S.I. 2011/2196, arts. 1(2), 5) and with art. 9)
I2S. 25 in force at 2.8.2010 subject to the transitional provision previously made in relation to s. 25(3)(a)(b) by S.I. 2010/1118, art. 2(a)