The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/1287

2018 No. 1287 (C. 92)

Legal Services, England And Wales

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018

Made 29th November 2018

The Secretary of State makes the following Order in exercise of the powers conferred by section 151(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018.

(2) In this Order—

“the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“news publisher” means a person who publishes a newspaper, magazine or website containing news or information about or comment on current affairs;

“proceedings” has the same meaning as in section 58A(4) of the Courts and Legal Services Act 19902, and

“publication and privacy proceedings” means proceedings for—

(a) defamation;

(b) malicious falsehood;

(c) breach of confidence involving publication to the general public;

(d) misuse of private information, or

(e) harassment, where the defendant is a news publisher.

S-2 Provision coming into force on 6th April 2019

Provision coming into force on 6th April 2019

2. Section 443(conditional fee agreements: success fees) of the 2012 Act comes into force on 6thApril 2019 in relation to publication and privacy proceedings.

Lucy Frazer

Parliamentary Under-Secretary of State

Ministry of Justice

29th November 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the thirteenth commencement order made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10)(“the 2012 Act”).

Article 2 brings into force, on 6th April 2019, section 44 (conditional fee agreements: success fees) of the 2012 Act in relation to publication and privacy proceedings. Publication and privacy proceedings were excluded from the commencement of sections 44 and 46 (recovery of insurance premiums by way of costs) when those provisions were commenced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 5 and Saving Provision) Order 2013 ( SI 2013/77). Publication and privacy proceedings remain excluded from the commencement of section 46 of the 2012 Act, meaning that premiums for after the event insurance remain recoverable by way of costs in publication and privacy proceedings.

The transitional provisions in sections 44(6) of the 2012 Act have effect in respect of the provision commenced by this Order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Sections 1 to 18

1st April 2013

2013/453

Section 19 (except as to subsection (4))

1st April 2013

2013/453

Sections 20 to 37

1st April 2013

2013/453

Section 38 (except subsection (2))

1st April 2013

2013/453

Section 38(2)

4th March 2013

2013/453

Sections 39 to 43

1st April 2013

2013/453

Section 44 (for the purpose of making orders, regulations or rules of court)

19th January 2013

1st April 2013

2013/77

Section 44 (insofar as not already in force, subject to savings)

1st October 2012

2012/2412

Section 44 (in relation to insolvency proceedings)

6th April 2016

2016/345

Section 45(10) and (8)

1st April 2013

2013/77

Section 45 (in so far as not already in force for the purpose of making orders, regulations or rules of court)

1st April 2013

19th January 2013

2013/77

2013/77

Section 45 (in so far as not already in force)

1st April 2013

2013/77

Section 46 (for the purpose of making orders, regulations or rules of court)

1st April 2013

19th January 2013

2013/77

2013/77

Section 46 (insofar as not already in force, subject to savings)

1st April 2013

2013/773

Section 46 (in relation to insolvency proceedings)

6th April 2016

2016/345

Section 47

1st April 2013

2013/453

Section 48

1st October 2012

2012/2412

Sections 49 to 54

1st April 2013

2013/453

Section 55

4th March 2013

2013/453

Sections 56 and 57

1st April 2013

2013/453

Section 58

4th March 2013

2013/453

Section 59

1st October 2012

2012/2412

Section 60

3rd December 2012

2012/2906

Section 61 and 62

3rd December 2012

2012/2906

Sections 63 to 66

3rd December 2012

2012/2906

Section 67 (except subsections (2)(a) and (5)(a)

3rd December 2012

2012/2906

Sections 68 to 75

28th May 2014

2014/1291

Section 78 (except subsection (3))

12th March 2015

2015/504

Section 85 (except subsections (1), (2), (4) and (14)

28th May 2014

2014/1291

8th April 2013

2013/453

Section 85 (in so far as not already in force, except subsection (14))

3rd December 2012

2012/2906

Sections 86 and 87

3rd December 2012

2012/2906

Section 88

3rd December 2012

2012/2906

Sections 89 to 118

8th April 2013

2013/453

Sections 120 to 128

10th March 2014

2015/423

Sections 130 and 131

Sections 132 to 138

Section 139

Section 140

1st October 2012

2012/2412

Section 141(7) to (9) and (12)

1st October 2012

2012/2412

Section 141 (so far as not previously in force)

10th March 2014

2015/423

Sections 142 and 143

3rd December 2012

2012/2770

Section 144

1st September 2012

2012/1956

Sections 145 to 147

3rd December 2012

2012/2770

Section 148

14th May 2013

2013/1127

Schedules 1 to 3

1st April 2013

2013/453

Schedule 4

4th March 2013

2013/453

Schedules 5 and 6

1st April 2013

2013/453

Schedules 7 and 8

1st October 2012

2012/2412

Schedules 9 to 22

3rd December 2012

2012/2906

Schedules 23 and 24

8th April 2013

2013/453

Schedule 25 (except paragraph 4)

10th March 2014

2015/423

Schedules 26 and 27

3rd December 2012

2012/2770


(1) 2012 c. 10.
(2) 1990 c. 41.
(3) Section 44 of the 2012 Act amends sections 58 and 58A of the Courts and Legal Services Act 1990 (“the 1990 Act”). Section 58 was substituted, and section 58A was inserted, by section 27(1) of the Access to Justice Act 1999 (c. 22) and was amended by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429). Section 58A was amended...

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