SRA Handbook

Transitional provisions

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Part 8: Transitional provisions

Rule 53: Transitional provisions

53.1

From 31 March 2012 or the date on which an order made pursuant to section 69 of the LSA relating to the status of sole practitioners comes into force, whichever is the later, rule 2.2 of these rules shall have effect subject to the following amendments:

(a)

in the definition of non-solicitor employer, omit the words ", recognised sole practitioner";

(b)

omit the definition of recognised sole practitioner;

(c)

in the definition of you:

(i)

in sub-paragraph (ii)(C), omit the words ", recognised sole practitioner" and ", or of a sole practitioner who should be a recognised sole practitioner, but has not been authorised by the SRA";

(ii)

in sub-paragraph (iii)(E), delete the comma and insert the word "or" between the words "recognised body" and "licensed body", and omit the words "or recognised sole practitioner";

(iii)

for sub-paragraph (iii)(F), substitute "as an employee of a partnership or a sole practitioner which should be a recognised body but has not been authorised by the SRA";

(iv)

in sub-paragraph (vi), insert the words "or a sole practitioner" after the word "partnership"; and

(v)

omit sub-paragraph (vii).

53.2

With effect from the coming into force of the Order giving equivalent statutory protections to client money held by a licensed body, rule 13 shall have effect subject to the following amendments:

(a)

delete rule 13.6; and

(b)

in guidance note (iii) to rule 13, omit the words "of a recognised body or recognised sole practitioner" in the first sentence, and delete the second and last sentences.

53.3

These rules shall not apply to licensed bodies until such time as the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA and all definitions shall be construed accordingly.

53.4

In these rules:

(a)

references in the preamble to:

(i)

the rules being made under paragraph 20 of Schedule 11 to the Legal Services Act 2007; and

(ii)

licensed bodies and their managers and employees; and

(b)

references to the COFA in rule 6 and in the Appendices;

shall have no effect until the Society is designated as a licensing authority under Part 1 of Schedule 10 to the LSA.