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LEGAL PROFESSION ACT 2007 - SECT 727
Continued application of Trust Accounts Act 1973
727 Continued application of Trust Accounts Act 1973
(1) Despite part 3.3, a law practice to which the part applies may, for
keeping or dealing with trust money or keeping records of the trust money,
comply with the Trust Accounts Act for the relevant period as if— (a) the
trust money were trust moneys under that Act; and
(b) the law practice were a
trustee under that Act.
(2) For the purposes of subsection (1)— (a) the
Trust Accounts Act is taken to apply in relation to the law practice for the
relevant period; and
(b) a reference in the Trust Accounts Act to a trustee
or a solicitor is taken to include— (i) a law practice that, immediately
before the commencement, was a trustee under that Act; and
(ii) a law
practice that is an incorporated legal practice; and
(iii) each legal
practitioner partner of a law practice that is a multi-disciplinary
partnership; and
(c) a reference in the Trust Accounts Act to a provision of
the Legal Profession Act 2004 (the
"2004 provision" ) is taken to be a reference to a provision of the
Legal Profession Act 2007 that is substantially the same as the 2004
provision.
(3) If a law practice complies with a provision of the
Trust Accounts Act under subsection (1) (the
"trust provision" )— (a) the law practice is taken to have complied with
part 3.3 in relation to a provision of that part, about keeping or dealing
with trust money or keeping records of the trust money, that is substantially
the same as the trust provision; and
(b) an obligation or requirement imposed
on the law practice as a trustee under that Act, about keeping or dealing with
the trust money or keeping records of the trust money, continues to apply to
the law practice despite the ending of the relevant period.
(4) In this
section—
"commencement" means the commencement of this section.
"relevant period" means the period starting on the commencement and ending on
31 March 2008.
"Trust Accounts Act" means the Trust Accounts Act 1973 as in force immediately
before the commencement.
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