Statutory Instruments
LEGAL AID AND ADVICE, ENGLAND AND WALES
Made
25th March 1991
Laid before Parliament
10th April 1991
Coming into force
1st May 1991
The Lord Chancellor, in exercise of the powers conferred on him bysections 25(2), 30(3), 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section34(9) and consulted the General Council of the Bar and the Law Society,and with the consent of the Treasury, hereby makes the followingRegulations:
1. These Regulations may be cited as the Legal Aid in ContemptProceedings (Remuneration) Regulations 1991 and shall come into force on1st May 1991.
2. These Regulations apply to a claim for remuneration by a legalrepresentative in pursuance of an order made under section 29 of the Actand in these Regulations—
“the Act” means the Legal Aid Act 1988; and
“day of appearance” means a day or any part of a day on which the legal representativerepresents an assisted person in pursuance of an order made undersection 29 of the Act.
3.—(1) Subject to regulation 4, remuneration shall be allowed by theappropriate authority at the standard fee of #68 for each day ofappearance.
(2) Subject to paragraph (3), the appropriate authority shallbe—
(a)the registrar of criminal appeals in the case of proceedings in theCourt of Appeal, Criminal Division;
(b)an officer appointed by the Lord Chancellor in the case of criminalproceedings in the Crown Court;
(c)the Board in any other case.
(3) The appropriate authority shall appoint or authorise the appointmentof determining officers to act on its behalf under these Regulations inaccordance with directions given by it or on its behalf.
4.—(1) A claim for remuneration by a legal representative shall besubmitted to the appropriate authority in such form and manner as it maydirect and any such claim shall be submitted within 3 months of thecompletion of the work in respect of which the claim is made.
(2) The legal representative shall supply such further particulars,information and documents as the appropriate authority may require.
(3) The time limit within which the claim for remuneration must besubmitted may, for good reason, be extended by the appropriateauthority.
Mackay of Clashfern, C.
21st March 1991
We consent,
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 1991
(This note is not part of the Regulations)
These Regulations provide for the payment of a standard fee of #68 aday to the legal representative of a person given legal aid undersection 29 of the Legal Aid Act 1988 (contempt proceedings).
1988 c. 34; sections 25(2) and 34 were amended by theCourts and Legal Services Act 1990 (c. 41), Schedule 18 paragraph 63.Section 43 is an interpretation provision and is cited because of themeaning assigned to the word“regulations”.