Administration of Justice Act 1982 by ahu93919

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									      Existing national legislation and administrative practices that will be
      changed because of the Provision of Service Regulations 2009 or the
      Directive

     Act                      Lead            Details of                How the amendment
                              Department      Amendments                being made

1.   Administration of        Ministry of     Legal Services Act        Secondary legislation
     Justice Act 1985         Justice         (LSA 2007) extends        through powers in the
     An Act to make                           the Law Society‟s         Legal Services Act
     further provision with                   intervention powers.      2007.
     respect to the                           It also extends the
     administration of                        Society‟s power to
     justice and matters                      regulate entities such
     connected therewith.                     as partnerships and
                                              unincorporated
                                              bodies, and allows
                                              legal disciplinary
                                              practices and impose
                                              conditions on their
                                              recognition. LSA
                                              2007 also deals with
                                              conveyancing licences
                                              and amends the
                                              definition of
                                              conveyancing services
                                              to include activities
                                              defined as “reserved
                                              instrument activities”.
2.   Care Standards Act       Department of   Act and relevant          Administrative changes
     2000 - registration of   Health          secondary legislation     will be introduced to
     children‟s homes,                        is to be repealed by      ensure registration
     Residential family                       the Health and Social     processes for adult
     centres, fostering                       Care Act 2008 in          placement schemes,
     agencies, voluntary                      October 2010.             care homes and
     adoption agencies                                                  domiciliary care are
     (also known as                                                     compliant in the
     registered adoption                                                meantime and these
     societies), adoption                                               changes will be carried
     support agencies ,                                                 forward to the new
     registration of social                                             system under the
     workers.                                                           Health and Social Care
                                                                        Act 2008.
3.   Civic Government         Scottish        Possible changes to       Secondary legislation
     (Scotland) Act 1982      Government      ensure application        by the Scottish
                                              process complies          Ministers under powers
                                              with the Services         in the European
                                              Directive and to          Communities Act 1972,
                                              amend provisions          by end of year.
                                            which may
                                            discriminate against
                                            non-UK corporate
                                            bodies re sex shop
                                            licences.
4.   Companies Act 2006     Department      Amended so that if        Amended by the
     (c46) s1201 and 1202   for Business    an individual or          Companies Act 2006
                            Innovation      partnership has a         (Substitution       of
                            and Skills      place of business in      Section         1201)
                                            the UK it must state      Regulations 2009 on
                                            an address in the UK,     7th December 2009
                                            but if the individual     (SI       2009/3182).
                                            or partnership does       These      Regulations
                                            not have a place of       come into force on 28
                                            business in the UK it     December 2009.
                                            must state an address
                                            where documents can
                                            be served by physical
                                            delivery and where
                                            delivery of
                                            documents is capable
                                            of being
                                            acknowledged.
5.   County Courts Act      Ministry of     Legal Services Act       Secondary legislation
     1984                   Justice         2007 amends the          through powers in the
                                            definition of „legal     Legal Services Act
                                            representative‟. It is   2007.
                                            now defined as a
                                            person who, for the
                                            purposes of the Legal
                                            Services Act 2007, is
                                            an authorised person
                                            in relation to an
                                            activity which
                                            constitutes the
                                            exercise of a right of
                                            audience or the
                                            conduct of litigation.
6.   Courts and Legal       Ministry of     LSA 2007 amends          Secondary legislation
     Services Act 1990      Justice         provisions relating to   through the powers in
                                            registered foreign       the Legal Services Act
                                            lawyers, in order to     2007.
                                            achieve consistency
                                            with provision made
                                            elsewhere.
7.   Education Act 2002     Department      Changes are              Guidance will be
                            for Children,   necessary to ensure      amended to reflect this
                            Schools and     independent school       by the end of 2009.
                            Families        applications are dealt
                                            with within a fixed
                                          timescale of 6
                                          months.

8.   Housing (Scotland)    Scottish       Section 58 requires       Secondary legislation
     Act 2001              Government     that to be eligible for   by the Scottish
                                          registration as a         Ministers under powers
     Part 3 – Regulation                  social landlord in        in the European
     of social landlords                  Scotland, a body          Communities Act 1972
                                          must have its             by the end of 2009.
                                          registered office in
                                          Scotland. Section 58
                                          will be amended to
                                          ensure that a body
                                          which does not have
                                          a registered office in
                                          Scotland will have
                                          the same access to
                                          registration as a body
                                          which does.
9.   Insolvency Act 1986   Department         1. Insolvency         Statutory
                           for Business           practitioners     Instrument 2009 No.
                           Innovation             authorised in     3081 The Provision of
                           and Skills             Northern          Services (Insolvency
                                                  Ireland act as    Practitioners)
                                                  insolvency        Regulations 2009 come
                                                  practitioners     into force on 28th
                                                  in Great          December 2009.
                                                  Britain.
                                              2. To provide
                                                  for persons
                                                  authorised to
                                                  act solely as
                                                  nominees and
                                                  supervisors of
                                                  company
                                                  voluntary
                                                  arrangements
                                                  and
                                                  individual
                                                  voluntary
                                                  arrangements
                                                  (authorised
                                                  persons) in
                                                  Northern
                                                  Ireland to act
                                                  as authorised
                                                  persons in
                                                  Great Britain.
10.   Insolvency and         Department     Amended to allow a       Statutory
      Insolvency Services    for Business   refund to be made to     Instrument 2009 No.
      Account (Fees) Order   Innovation     unsuccessful             3081 The Provision of
      2003                   and Skills     applicants of the        Services (Insolvency
                                            monitoring element       Practitioners)
                                            of the application       Regulations 2009 come
                                            fee.                     into force on 28th
                                                                     December 2009.



11.   Insolvency             Department     1. Replace the current   Statutory
      Practitioners          for Business   (maximum) period of      Instrument 2009 No.
      Regulations 2005       Innovation     authorisation of 3       3081 The Provision of
                             and Skills     years for a              Services (Insolvency
                                            practitioner to          Practitioners)
                                            authorisation period     Regulations 2009 come
                                            of 1 year which will     into force on 28th
                                            be renewed               December 2009.
                                            automatically subject
                                            to continued
                                            fulfilment of
                                            conditions.
                                            2. To allow an
                                            insolvency
                                            practitioner from
                                            another Member State
                                            to meet the strict
                                            insolvency bonding
                                            requirements where
                                            that person has
                                            professional liability
                                            insurance cover or a
                                            guarantee already
                                            obtained for cover in
                                            that Member State.
                                            3. To relax the
                                            requirement that all
                                            insolvency
                                            practitioners send the
                                            original bond or
                                            caution to their
                                            authorising body and
                                            allow electronic
                                            copies to be sent
                                            instead. 4. To reduce
                                            the insolvency
                                            experience
                                            requirement for
                                            applicants seeking
                                            authorisation from
                                            7000 hours to 2000
                                             hours.



12.   Insolvency (Northern   Department of Article 350(2) is        Secondary legislation
      Ireland) Order 1989    Enterprise,   being amended to         through powers in
      (Article 350)          Trade and     remove the               section 2(2) of the
                             Investment NI requirement for a        European Communities
                                           recognised               Act 1972. The
                                           professional body to     Provision of Services
                                           have an established      (Insolvency
                                           place of business in     Practitioners)
                                           the United Kingdom.      Regulations (Northern
13.                                        Regulation 10 will       Ireland) 2009 were
                                           be amended to            made on 4th December
                                           provide for automatic    2009 and come into
                                           annual renewal of        force on 28th December
                                           authorisation of         2009.
                                           insolvency
                                           practitioners
14.                                        Regulation 7 To
                                           reduce the insolvency
                                           experience
                                           requirement for
                                           applicants seeking
                                           authorisation from
                                           7000 hours to 2000
                                           hours.
15.                                        Schedule 2 To allow
                                           an insolvency
                                           practitioner from
                                           another Member State
                                           to meet the strict
                                           insolvency bonding
                                           requirements where
                                           that person has
                                           professional liability
                                           insurance cover or a
                                           guarantee already
                                           obtained for cover in
                                           that Member State.
16.   Insolvency             Department of Amended to               Amendment will be
      Practitioners and      Enterprise,   introduce separate       made via secondary
      Insolvency Account     Trade and     fees for processing      legislation through
      (Fees) Order           Investment NI new applications and     powers in section 2(2)
      (Northern Ireland)                   for implementing a       of the European
      2006.                                monitoring service.      Communities Act 1972.
                                                                    The Provision of
                                                                    Services (Insolvency
                                                                    Practitioners)
                                                                    Regulations (Northern
                                                                      Ireland) 2009 were
                                                                      made on 4th December
                                                                      2009 and come into
                                                                      force on 28th December
                                                                      2009.

17.   Licensing Act 2003     Department     The Act is being          Changes were made as
                             for culture,   amended to remove         part of the Provision of
                             media and      the requirement for       Services Regulations
                             sport          applicants/notifiers to   2009, which were made
                                            copy                      on 11th November and
                                            applications/notificat    come into force on 28th
                                            ions to responsible       December 2009.
                                            authorities.
                                                                      Further changes to the
                                                                      Licensing Regulations
                                                                      to facilitate electronic
                                                                      applications are being
                                                                      consulted on by DCMS
                                                                      in autumn 2009.
18.   Licensing (Scotland)   Scottish       Possible changes to       Secondary legislation
      Act 2005               Government     ensure application        by the Scottish
                                            process complies          Ministers under powers
                                            with the Services         in the European
                                            Directive and to          Communities Act 1972.
                                            exclude current
                                            licence holders from
                                            involvement in
                                            granting
                                            authorisations.
19.   Local Government       Communities        1. Amended so         December 2009.
      (Miscellaneous         and Local              that where an     Changes were made as
      Provisions) Act 1982   Government             applicant has     part of the Provision of
                             (HO leading            submitted an      Services Regulations
                             on changes)            application a     2009, which were made
                                                    copy of their     on 11th November and
                                                    application       come into force on 28th
                                                    does not need     December 2009.
                                                    to be sent
                                                    separately to
                                                    the chief
                                                    office of
                                                    police.
                                                2. Changed so
                                                    that a person
                                                    does not need
                                                    to be resident
                                                    in the UK for
                                                    6 months
                                                    immediately
                                                      preceding the
                                                      date of the
                                                      application.
20.   Local Government         Department of Schedule 2 of the Act     The Department of the
      (Miscellaneous           Environment, stipulates that a          Environment will lead
      Provisions)              NI            licence can only be       on the changes to
      (Northern Ireland)                     given to people           Schedule 2 (Licensing
      Order 1985                             resident in the UK        of Sex Establishments).
                                             for 6 months
                                             immediately
                                             preceding the date of
                                             the application, and
                                             to a body corporate
                                             that is incorporated
                                             in the UK.
21.   Pedlars Act 1871         Department    The Act will be           Changes were made as
                               for Business  amended so that it no     part of the Provision of
                               Innovation    longer applies to         Services Regulations
                               and Skills &  pedlars of services       2009, which were made
                               the Scottish  and only applies to       on 11th November and
                               Government    the sale of goods.        come into force on 28th
                                                                       December 2009.

22.   Veterinary Surgeons      Department      - The introduction of
      Act 1966:                for             a provision which
      - The Veterinary         Environment     opens up the
         Surgery (Epidural     Food and        procedures to people
         Anaesthesia) Order    Rural Affairs   who have undergone
         1992                                  training or obtained
      - The Veterinary                         qualifications
         Surgery (Rectal                       entitling them to
         Ultrasound                            carry out the
         Scanning of                           procedure in another
         Bovines) Order                        EU member state.
         2002                                  - The removal of the
      - The Veterinary                         need to apply for
         Surgery (Artificial                   certificates of
         Insemination)                         competence and to
         Order 2007 (covers                    set conditions linked
         cattle and mares).                    to such certificates.

23.   Transmissible            Department      These regulations       DEFRA are revoking
      Spongiform               for             effectively debar any   and remaking the TSE
      Encephalopathy           Environment     laboratory outside      Regulations, so that
      (England)                Food and        the UK from being       laboratories can be
      Regulations 2008         Rural Affairs   approved for the        located anywhere
                                               UK's TSE testing        within the EEA. The
                                               programme.              consultation on this
                                                                       took place in December
                                                                       2009 and the remade
                                                                Regulations are
                                                                expected to come into
                                                                force in late January
                                                                2010.

24.   Transmissible      The Scottish   Current regulations     The Scottish
      Spongiform         Government     effectively debar any   Government are
      Encephalopathies                  laboratory outside      amending them to
      (Scotland)                        the UK from being       remove the requirement
      Regulations 2006                  approved for the        for laboratories to be
                                        UK's TSE testing        located in the UK.
                                        programme.

								
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