Statutory Instrument 1993 No. 565

The Civil Legal Aid (General) (Amendment) Regulations 1993

---

© Crown Copyright 1993

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Civil Legal Aid (General) (Amendment) Regulations 1993, ISBN 0110335651. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1993 No. 565

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Civil Legal Aid (General) (Amendment) Regulations 1993

The Lord Chancellor, in exercise of the powers conferred on him by sections 15(1), 16, 34 and 43 of the Legal Aid Act 1988^[1], having had regard to the matters specified in section 34(9) and consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:—

Citation and commencement
    1.—(1)  These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 1993.

    (2)  Regulations 1, 2, 4 and 10 and the Schedule shall come into force on 1st April 1993 and all other regulations shall come into force on 12th April 1993.

Interpretation
    2.    In these Regulations—
 (a) a regulation referred to by number alone means a regulation so numbered in the Civil Legal Aid (General) Regulations 1989^[2]; and
 (b) "period of computation" has the meaning prescribed in the Civil Legal Aid (Assessment of Resources) Regulations 1989^[3].

Transitional provisions: financial eligibility
    3.—(1)  Regulations 5 to 9 of these Regulations shall apply to applications for legal aid where the period of computation begins on or after 12th April 1993.

    (2)  Applications for legal aid where the period of computation begins before 12th April 1993 shall be treated as if regulations 5 to 9 of these Regulations had not come into force.

Transitional provisions: payment on account
    4.—(1)  Notwithstanding the provisions of regulation l0 of these Regulations, counsel may submit a claim for payment under regulation 100(2) (payment on account) in respect of a certificate issued during the months specified in column 1 of the Schedule which became eligible for payment on the relevant date specified in column 2 of that Schedule.

    (2)  Any claim under this regulation shall be made not later than the relevant date specified in column 3 of the Schedule.

    (3)  Wherever a particular day in the month is not specified in a column in the Schedule the relevant day of the month is the same as that on which the certificate was issued.

    (4)  The maximum payment to be made in respect of one financial year for any claim submitted pursuant to this regulation shall be 62%.

    (5)  References in this regulation to the Schedule mean the Schedule to these Regulations.

Financial eligibility
    5.    In regulation 3 the definition of "maximum contribution" shall be omitted.

    6.    In the definition of "assessment officer" in regulation 3 and in regulations 12(1)(b)(ii), 18(1) and 52(1) the word "maximum" shall be omitted in each of the places at which it occurs.

    7.    In regulation 31:—
 (a) the words in paragraph (1) from "and, in so doing" to the end shall be omitted;
 (b) paragraphs (2) and (3) shall be omitted.

    8.    In regulation 43, for paragraph (1)(b) there shall be substituted:—
"(b) the first contribution payable out of income to be paid forthwith, with further contributions payable at monthly intervals thereafter." .

    9.    In regulation 52, for paragraphs (2) and (3) there shall be substituted:—
"  (2)  Where at any time during which a certificate is in force the Area Director is of opinion that the costs incurred or likely to be incurred under the certificate will not be more than the contribution which the assisted person has already paid he may waive (and, where necessary subsequently revive) the requirement for further payments on account of the assisted person's contribution.

    (3)  Without prejudice to regulation 51, the Area Director shall amend the certificate from such date as he considers appropriate—
(a) where he re-determines the amount payable on account of the assisted person's contribution whether as a result of a re-assessment pursuant to paragraph (1) or otherwise; or

(b) where he waives or revives (following a period of waiver) the requirement for further payments on account of the assisted person's contribution under paragraph (2)." .

Payment on account
    10.    In regulation 100:—
 (a) for paragraph (3) there shall be substituted the following paragraph:—
"  (3)  A payment may only be made under this regulation when—
(a) a period of 12 months has elapsed since the date on which the certificate was issued; or

(b) further periods of 12 months and 24 months have elapsed since that date." ;

 (b) for paragraph (5) there shall be substituted the following paragraph:—
"  (5)  The maximum payment to be made for each claim under this regulation in any one financial year shall be:

for the financial year 1993/94	62%
for the financial year 1994/95	70%
for the financial year 1995/96 and thereafter	75%.

" .

Mackay of Clashfern,
C.

Dated 8th March 1993
We consent,

Tim Wood

Tim Kirkhope

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 9th March 1993

[1] 1988 c. 34; sections 15, 16, 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 17 paragraph 19 and Schedule 18 paragraphs 61 and 63. Section 43 is an interpretation provision and is cited because of the meaning assigned to the word "regulations". back

[2] S.I. 1989/339, as amended by S.I. 1991/524, 2036 and 2784 and S.I. 1992/590 and 721. back

[3] S.I. 1989/338; there are no relevant amendments. back

Explanatory Note