Legal Services Act 2011

Transitional and savings provisions, amendments to other enactments, and repeals - Transition of matters commenced, approvals granted, and funding provided under former Act - Listed providers under former Act

135: Listed providers under former Act

You could also call this:

"Old law service providers can keep working for 6 months under the new law"

Illustration for Legal Services Act 2011

You were a listed provider under the old Act. When the new Act starts, you are approved to keep providing services for 6 months. You were listed to provide these services under the old Act. If you apply for approval within 6 months, your approval keeps going until the Secretary decides on your application. The Secretary will look at your application under the new Act. Your approval is subject to the new Act's rules. If your approval was cancelled or suspended under the old Act, some old rules still apply. These rules are in sections 72A and 73 of the old Act. They keep applying even though the old Act is repealed. If you have a contract with the Legal Services Agency, it is now with the Secretary. This happens when the new Act starts and your contract is still in force. Your contract is deemed to be with the Secretary, not the Legal Services Agency.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3143001.

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136: Legal aid granted under Legal Services Act 1991, or

"Legal aid from the old law still applies"

Part 4Transitional and savings provisions, amendments to other enactments, and repeals
Transition of matters commenced, approvals granted, and funding provided under former Act: Listed providers under former Act

135Listed providers under former Act

  1. A person who, immediately before the commencement of this Act, was a listed provider within the meaning of the former Act is, on the commencement of this Act, approved to provide the services that he or she was listed as approved to provide under the former Act for a period of 6 months after the commencement of this Act.

  2. If the person makes an application within that 6-month period for approval to provide legal aid services or specified legal services, the approval conferred by subsection (1) continues until the Secretary decides the application.

  3. An approval conferred by subsection (1) is subject to the provisions of this Act as if the approval had been granted under this Act.

  4. If, immediately before the commencement of this Act, a listed provider's approval is cancelled or temporarily suspended under the former Act, sections 72A and 73 of the former Act continue, despite the repeal of the former Act, to apply to that approval.

  5. A contract between a listed provider and the Legal Services Agency that is in force immediately before the commencement of this Act is deemed to be a contract between the provider and the Secretary.