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This Statutory Instrument corrects an error in S.I. 2001/830 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2001 No. 1255

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Family Proceedings (Remuneration) (Amendment No. 2) Regulations 2001

Made

29th March 2001

Laid before Parliament

30th March 2001

Coming into force in accordance with regulation 1

The Lord Chancellor, in exercise of the powers conferred upon him by sections 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) of that Act and having consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment No. 2) Regulations 2001 and shall come into force on 2nd April 2001 immediately after the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001(2).

Transitional provision

2.  These Regulations shall apply to work carried out on or after 2nd April 2001, and in relation to work carried out before that date the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(3) shall have effect as if these Regulations had not been made.

Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

3.  In paragraph 9 in Part III of Schedule 1A to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991, for the whole of the entry in column 3 there shall be substituted “£71.50 per hour”.

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary

Lord Chancellor’s Department

Dated 28th March 2001

We consent

Jim Dowd

Greg Pope

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 29th March 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which amend the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 (S.I. 1991/2038), make one correction to the amendments made by the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001. The rate of remuneration for attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment, in a county court or magistrates' court, is amended to £71.50 per hour.

(1)

1988 c. 34. Sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18 paragraphs 60 and 63 and the Family Law Act 1996 (c. 27), Schedule 8 paragraph 44. Sections 34 and 43 are repealed (together with other provisions) by Part I of Schedule 15 to the Access to Justice Act 1999 (c. 22) , which was brought into force on 1st April 2000 by the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774), but subject to savings. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.

(3)

S.I. 1991/2038: Part III of Schedule 1A was inserted by S.I. 2001/830.