Statutory Instruments
LEGAL AID AND ADVICE, ENGLAND AND WALES
Made
25th March 1991
Laid before Parliament
10th April 1991
Coming into force
1st May 1991
The Lord Chancellor, in exercise of the powers conferred on him bysections 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section34(9) and consulted the General Council of the Bar and the Law Society,and with the consent of the Treasury, hereby makes the followingRegulations:
1. These Regulations may be cited as the Legal Aid in Criminal and CareProceedings (Costs) (Amendment) (No. 2) Regulations 1991 and shall comeinto force on 1st May 1991.
2. In these Regulations a regulation referred to by number means aregulation so numbered in the Legal Aid in Criminal and Care Proceedings(Costs) Regulations 1989(2).
3.—(1) At the end of regulation 2(1) there shall be inserted the followingnew definition—
“wasted costs order” has the meaning assigned to it by regulation 3A of the Costs inCriminal Cases (General) Regulations 1986(3).
(2) After regulation 9 there shall be inserted the following newregulation—
“9A.—(1) Subject to paragraph (2), where the court has disallowed the wholeor any part of any wasted costs under section 19A of the Prosecution ofOffences Act 1985(4) the appropriate authority, in determining costs inrespect of work done by the legal representative against whom the wastedcosts order was made, shall deduct the amount of the order from theamount otherwise payable in accordance with these Regulations.
(2) Where the appropriate authority, in accordance with theseRegulations, is minded to disallow any amount of a claim for work doneto which the wasted costs order relates it shall disallow that amount orthe amount of the wasted costs order, whichever is the greater.”
Mackay of Clashfern, C.
21st March 1991
We consent,
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 1991
(This note is not part of the Regulations)
These Regulations amend the Legal Aid in Criminal and CareProceedings (Costs) Regulations 1989 by providing for the determiningauthorities to disallow the amount of costs which a court may order alegal representative to pay personally under section 19A of theProsecution of Offences Act 1985 (a“wasted costs order”). Provision is made for the determining authority to disallow agreater amount if so authorised by the determination carried out underthe regulations.
1988 c. 34; section 34 was amended by the Courts andLegal Services Act 1990 (c. 41), Schedule 18, paragraph 63. Section 43 isan interpretation provision and is cited because of the meaning assignedto the word“regulations”.
1985 c. 23, as inserted by the Courts and Legal ServicesAct 1990 (c. 41), section 111.