The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1999

Statutory Instruments

1999 No. 2123

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1999

Made

20th July 1999

Laid before Parliament

27th July 1999

Coming into force

1st September 1999

The Lord Chancellor, in exercise of the powers conferred on him by sections 34 and 43 of the Legal Aid Act 1988(1) and section 26(3) of the Welsh Language Act 1993(2), having had regard to the matters referred to in section 34(9) of the Legal Aid Act 1988, having consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1999 and shall come into force on 1st September 1999.

(2) In these Regulations a reference to a regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989(3).

Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

2.—(1) In regulation 4(1) for “Forms” there shall be substituted “Subject to paragraph (1A), forms”.

(2) After regulation 4(1) there shall be inserted the following paragraph:

“(1A) In respect of criminal proceedings in courts in Wales:

(a) the Welsh language versions of Forms 1, 1A and 5 in Schedule 2 may be used where applicable; and

(b) references in these Regulations to Forms 1, 1A and 5 shall, in each case, be construed as including a reference to the Welsh language version of that form.”.

(3) In regulation 4(2) after “Forms 1 and 5 available” insert “, and each magistrates' court in Wales shall also make the Welsh language versions of Forms 1 and 5 available,”.

3.  In regulation 55 there shall be inserted:

(a) at the beginning, the words “—(1) Subject to paragraph (2),”;

(b) after the first occurrence of the word “made”, the words “and while it is in force”;

(c) after paragraph (1) (as renumbered by this regulation), the words:–

“(2) Paragraph (1) shall not apply to work done by the legally assisted person’s solicitor or counsel in connection with the proceedings referred to in that paragraph:–

(a) before the legal aid order has been made unless regulation 44(7) applies; or

(b) after the legal aid order has been revoked or withdrawn.”.

4.  In Schedule 2 there shall be inserted:

(a) after Form 1, the Welsh language version of that form appearing at the end of these Regulations, headed “Cais am Gymorth Cyfreithiol mewn Achos Troseddol Llys Ynadon neu Lys y Goron”;

(b) after Form 1A, the Welsh language version of that form appearing at the end of these Regulations, headed “Cais am gymorth cyfreithiol mewn achos troseddol yn dilyn marwolaeth diffynnydd neu apelydd”;

(c) after Form 5, the Welsh language version of that form appearing at the end of these Regulations, headed “Datganiad Modd gan Ymgeisydd neu Gyfrannwr Priodol at ddibenion Cymorth Cyfreithiol”.

Signed by authority of the Lord Chancellor

Keith Vaz

Parliamentary Secretary,

Lord Chancellor’s Department

14th July 1999

We consent

Jane Kennedy

Clive Betts

Two of the Lords Commissioners of Her Majesty’s Treasury

20th July 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 so as to:

(a) provide that regulation 55, which restricts payments to solicitors other than out of the legal aid fund, applies only when a legal aid order is in force, except in relation to work done by the legally assisted person’s solicitor or counsel before the legal aid order has been made, where regulation 44(7) applies; and

(b) enable the use, in relation to criminal proceedings in courts in Wales, of Welsh language versions of the following prescribed forms:

(i) Form 1 (application for legal aid);

(ii) Form 1A (application for legal aid after death of defendant or appellant); and

(iii) Form 5 (statement of means).

(1)

1988 c. 34; sections 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.

(2)

1993 c. 38. Section 26(3) provides that a power conferred by an Act to specify forms of document includes a power to specify separate forms in Welsh and English.

(3)

S.I. 1989/344. The relevant amending instruments are S.I. 1991/1925, 1992/720, 1995/542 and 1998/662.