The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1999

Statutory Instruments

1999 No. 815

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1999

Made

12th March 1999

Laid before Parliament

16th March 1999

Coming into force

12th April 1999

The Lord Chancellor, in exercise of the powers conferred on him by sections 21(5), 23, 34 and 43 of the Legal Aid Act 1988(1), with the consent of the treasury, makes the following Regulations:

Citation, commencement, interpretation and transitional provisions

1.—(1) These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 1999 and shall come into force on 12th April 1999.

(2) In these Regulations, unless the context requires otherwise, 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(2).

(3) These Regulations shall apply to applications for legal aid made on or after 12th April 1999 and applications made before that date shall be treated as if these Regulations had not come into force.

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

2.  In regulation 11(1), after “legal aid order” there shall be inserted “(whether or not it will also apply to any proceedings in the Crown Court)”.

3.  In Schedule 2, Part Two of Form 6 (which deals with Calculation of contribution from INCOME) shall be amended by substituting for “£50”, “£51” and, for “£51”, “£52”.

4.  Schedule 4 shall be amended by substituting for “£50”, “£51” and, for “£51”, “£52”.

Signed by authority of the Lord Chancellor

G.W. Hoon

Minister of State,

Lord Chancellor’s Department

Dated 7th March 1999

We consent

Jane Kennedy

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 12th March 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 increase the income limit for non-contributory criminal legal aid from £51 to £52 and so as to clarify the procedure for granting legal aid orders that apply to both a magistrates' court and the Crown Court.

(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 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. 1989/344; the relevant amending instruments are S.I. 1992/720, 1993/789, 1994/807, 1995/796, 1996/646, 1997/752 and 1998/2909.