The Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013

PART 1 Interpretation and General

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013 and come into force on 1st April 2013.

Interpretation

2.  In these Regulations—

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

“advocate” means a person who is an authorised person for the purposes of section 18 of the Legal Services Act 2007(1) in relation to the exercise of a right of audience;

“criminal legal aid” means advice, assistance and representation made available under sections 13, 15 and 16 of the Act;

“the General Regulations” means the Criminal Legal Aid (General) Regulations 2013(2);

“junior advocate” means any advocate who is not a Queen’s Counsel;

“provider” means a person who has entered into an arrangement with the Lord Chancellor under section 2(1) of the Act (arrangements) to provide criminal legal aid under Part 1 of the Act;

“relevant court” means the court before which the criminal proceedings are taking place or are to take place; and

“representation order” means a document which records a determination made under section 16 of the Act (representation for criminal proceedings).

Delegation

3.  A function of the Lord Chancellor or Director under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor or Director respectively(3).

(1)

2007 c. 29.

(2)

S.I. 2013/9.

(3)

Section 6 of the Act (authorisations) makes provision for authorisations given for the purpose of section 5 of the Act (delegation) or regulations under that section.