Access to Justice Act 1999

25 Orders, regulations and directions. E+W

(1) Any power of the [F1 Lord Chancellor] under this Part to make an order or regulations is exercisable by statutory instrument.

(2) Before making any remuneration order relating to the payment of remuneration to barristers or solicitors the [F1 Lord Chancellor] shall consult the General Council of the Bar and the Law Society.

(3) When making any remuneration order the [F1 Lord Chancellor] shall have regard to—

(a) the need to secure the provision of services of the description to which the order relates by a sufficient number of competent persons and bodies,

(b) the cost to public funds, and

(c) the need to secure value for money.

(4) In subsections (2) and (3) “remuneration order” means an order under section 6(4), 13(3) or 14(3) which relates to the payment by the Commission of remuneration—

(a) for the provision of services by persons or bodies in individual cases, or

(b) by reference to the provision of services by persons or bodies in specified numbers of cases.

(5) No directions may be given by the [F1 Lord Chancellor] to the Commission under this Part in relation to individual cases.

(6) Any directions given by the [F1 Lord Chancellor] to the Commission under this Part may be varied or revoked.

(7) The [F1 Lord Chancellor] shall either—

(a) publish, or

(b) require the Commission to publish,

any directions given by him under this Part.

(8) Orders, regulations and directions of the [F1 Lord Chancellor] under this Part may make different provision for different purposes (including different areas).

[F2 (8A) Any power to make an order or regulations under this Part includes power to make such consequential, incidental, supplementary, transitional, transitory or saving provision as appears to the Lord Chancellor to be appropriate.]

(9) No order shall be made under section 2 or 8 or paragraph 5(3) of Schedule 3, and no regulations shall be made under section 6(7), 11(1) or (4)(b) or (d) or 15(2)(a) or (5) or [F3 [F4 paragraph 1A, 2A,][F5 4 or 6] of Schedule 3], unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

[F6 (9A) The first regulations under [F7 section 17A or] paragraph 3B of Schedule 3 shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F8 (9AA) No instrument (other than an order under section 6(4)) may be made in pursuance of section 11A unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.]

[F9 (9B) No order or regulations which, by virtue of section 18A, is or are to have effect for a limited period shall be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.]

(10) A statutory instrument containing any other order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 25 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art 8, Sch. para. 4(a)

F2 S. 25(8A) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 153(3), 182(4)(d) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 14

F3 Words in s. 25(9) substituted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 1(8), 5(2); S.I. 2006/2491, art. 2

F4 Words in s. 25(9) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 56(4), 153; S.I. 2008/1586, art. 2, Sch. 1

F5 Words in s. 25(9) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 57(2), 153; S.I. 2008/1586, art. 2, Sch. 1

F6 S. 25(9A) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 2(5), 5(2); S.I. 2006/2491, art. 2

F7 Words in s. 25(9A) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 3(4), 5(2); S.I. 2006/2491, art. 2

F8 S. 25(9AA) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 149(6), 182(4)(d) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 12

F9 S. 25(9B) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 58(4), 153; S.I. 2008/1586, art. 2, Sch. 1