The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1999

Statutory Instruments

1999 No. 2565

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1999

Made

14th September 1999

Laid before Parliament

14th September 1999

Coming into force

5th October 1999

The Lord Chancellor, in exercise of the powers conferred on him by sections 16(6), 34 and 43 of the Legal Aid Act 1988(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1999 and shall come into force on 5th October 1999.

Interpretation

2.  In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Civil Legal Aid (General) Regulations 1989(2).

Amendments to Civil Legal Aid (General) Regulations 1989

3.  Regulation 94(3) shall stand as paragraph (1) of regulation 94, and after it there shall be inserted:

“(2) The charge created by section 16(6) of the Act shall not apply in relation to any increase in the net liability of the fund arising out of the cost of giving advice or assistance under Part III of the Act which is mediation-related advice or assistance, as defined in regulation 32(2) of the Legal Advice and Assistance Regulations 1989(4).”.

Signed by authority of the Lord Chancellor

Keith Vaz

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 14th September 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (General) Regulations 1989 to exempt the costs of giving advice and assistance related to mediation in family matters from the statutory charge in favour of the Legal Aid Board, under section 16(6) of the Legal Aid Act 1988.

(1)

1988 c. 34; sections 16, 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63; and by the Family Law Act 1996 (c. 27), section 26 and Schedule 8, paragraph 44. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.

(2)

S.I. 1989/339; relevant amending instruments are noted below.

(3)

Amended by S.I. 1991/2036 and 1997/416.

(4)

S.I. 1989/340; regulation 32(2) is inserted by the Legal Advice and Assistance (Amendment) (No. 3) Regulations 1999, which come into force on the same date as these Regulations.