Legal Aid, Sentencing and Punishment of Offenders Act 2012 Explanatory Notes

Section 41: Orders, regulations and directions

279.Subsections (1) to (3) of section 41 make further provision about the exercise of powers under Part 1 to make orders, regulations and directions.  For example, they provide that such instruments may make different provision for different geographic areas and that they may make transitory provision.  They may also make different provision for the purpose of proceedings before different courts and tribunals, for particular classes of individual or for individuals selected by reference to particular criteria or on a sampling basis.   This provides flexibility and will enable provisions to be piloted. Subsections (4) to (11) concern the Parliamentary procedure which applies to secondary legislation under Part 1 of the Bill, including the procedure which applies where the Lord Chancellor makes an urgency statement in respect of regulations made under section 11(1)(b) (criteria for qualifying for civil legal aid).

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