Search Legislation

Advanced Search

The Legal Services Act 2007 (Transitory Provision) Order 2008

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2008 No. 1799

Legal Services, England And Wales

The Legal Services Act 2007 (Transitory Provision) Order 2008

Made

3rd July 2008

Laid before Parliament

8th July 2008

Coming into force

31st July 2008

The Lord Chancellor makes the following Order in exercise of the power conferred by section 208(2) of the Legal Services Act 2007(1):

Citation and commencement

1.  This Order may be cited as the Legal Services Act 2007 (Transitory Provision) Order 2008 and comes into force on 31st July 2008.

Transitory Provision

2.  Until such time as section 3A of the Charities Act 1993(2) comes into force, the reference in section 194(9)(a) of the Legal Services Act 2007 to section 3A of the Charities Act 1993 is to have effect as if it were a reference to section 3 of the Charities Act 1993.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd July 2008

EXPLANATORY NOTE

(This note is not part of the Order)

Section 194 of the Legal Services Act 2007 (‘the Act’) applies to proceedings in a civil court in which a party to those proceedings is or was represented by a legal representative and that legal representation is or was provided free of charge. Under section 194(3) of the Act, the court may order any person to make a payment to the prescribed charity in respect of that legal representation. Under section 194(8) of the Act the ‘prescribed charity’ means the charity prescribed by order made by the Lord Chancellor but section 194(9) provides that an order may only prescribe a charity which (a) is registered in accordance with section 3A of the Charities Act 1993 and (b) provides financial support to persons who provide, or organise or facilitate the provision of, legal advice or assistance (by way of representation or otherwise) which is free of charge.

This Order enables, until section 3A of the Charities Act 1993 comes into force, the reference to section 3A of the Charities Act 1993 in section 194(9)(a) of the Act to have effect as if it were a reference to section 3 of the Charities Act 1993.

This Order comes into force on 31st July 2008.

An impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.

(2)

1993 c.10; section 9 of the Charities Act 2006 (c.50) substitutes for section 3 of the Charities Act 1993 new sections 3, 3A and 3B. However, section 9 of the Charities Act 2006 has yet to be fully commenced.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources