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The Legal Advice and Assistance Regulations 1989

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  1. Introductory Text

  2. 1.Citation, commencement, and transitional provisions

  3. 2.Revocations

  4. 3.Interpretation

  5. 4.Limit on cost of advice and assistance

  6. 5.ABWOR relating to applications for further detention

  7. 6.Provision of advice and assistance at police stations etc

  8. 7.ABWOR in criminal proceedings in magistrates' courts

  9. 8.Advice and assistance in criminal proceedings in magistrates' courts

  10. 9.Applications for advice and assistance

  11. 10.Attendance on behalf of a client

  12. 11.Eligibility for advice and assistance to which regulation 9 applies

  13. 12.Contributions to the cost of advice and assistance to which regulation 9 applies

  14. 13.Assessment of disposable income, disposable capital and maximum contribution

  15. 14.Children and patients

  16. 15.Clients resident outside England and Wales

  17. 16.Advice and assistance from more than one solicitor

  18. 17.Separate matters

  19. 18.Refusal of advice and assistance

  20. 19.Power to require information

  21. 20.Entrusting functions to others

  22. 21.Extensions

  23. 22.Applications for approval of ABWOR

  24. 23.Counsel

  25. 24.Notification of approval of assistance by way of representation

  26. 25.Withdrawal of approval of assistance by way of representation

  27. 26.Appeals against refusal of ABWOR etc

  28. 27.Determination of appeals

  29. 28.Collection and refund of contributions

  30. 29.Costs payable out of the fund

  31. 30.Basis of assessments

  32. 31.Recovery of costs

  33. 32.Exceptions to charge on property recovered or preserved

  34. 33.Authority not to enforce the charge

  35. 34.Costs awarded against a client

  36. 35.Costs of successful unassisted parties out of the fund

  37. 36.False statements etc

  38. Signature

    1. SCHEDULE 1

    2. SCHEDULE 2

      ASSESSMENT OF RESOURCES

      1. 1.In this Schedule, unless the context otherwise requires– “capital” means...

      2. 2.The provisions of this Schedule apply to a man and...

      3. 3.Any question arising under this Schedule shall be decided by...

      4. 4.The disposable capital and disposable income of the person concerned...

      5. 5.The resources of any person who, under section 26(3) and...

      6. 6.If it appears to the solicitor that the person concerned...

      7. 7.(1) In computing the capital and income of the person...

      8. 8.In computing the capital of the person concerned–

      9. 9.In computing the income of the person concerned–

      10. 10.If the person concerned is making bona fide payments for...

      11. 11.Where it appears to the solicitor that there has been...

    3. SCHEDULE 3

      CONTRIBUTIONS BY CLIENTS

    4. SCHEDULE 4

      EXCEPTIONS TO CHARGE ON PROPERTY RECOVERED OR PRESERVED

    5. SCHEDULE 5

      COSTS AWARDED AGAINST A CLIENT

      1. 1.No costs attributable to the period during which a client...

      2. 2.The court may, if it thinks fit, refer to the...

      3. 3.In determining the amount of the client’s liability his dwelling-house,...

      4. 4.Any person, not being himself a client, who is a...

      5. 5.The court may, if it thinks fit, order the client...

      6. 6.The court may direct– (a) that payment under the order...

      7. 7.The party in whose favour an order is made may...

      8. 8.Where an order for costs is made against a client...

      9. 9.Where a client is a child, his means for the...

      10. 10.Where an order for costs is made against a next...

  39. Explanatory Note

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