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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

25Orders, regulations and directions

This section has no associated Explanatory Notes

(1)Any power of the 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 Lord Chancellor shall consult the General Council of the Bar and the Law Society.

(3)When making any remuneration order the 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 Lord Chancellor to the Commission under this Part in relation to individual cases.

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

(7)The 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 Lord Chancellor under this Part may make different provision for different purposes (including different areas).

(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 paragraph 4 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.

(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.

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