The Legal Aid in Family Proceedings (Remuneration) (Amendment No. 3) Regulations 2001

This Statutory Instrument corrects an error in S.I. 2001/830 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2001 No. 2417

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Family Proceedings (Remuneration) (Amendment No. 3) Regulations 2001

Made

5th July 2001

Laid before Parliament

5th July 2001

Coming into force

26th July 2001

The Lord Chancellor, in exercise of the powers conferred upon him by sections 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) of that Act and having consulted the General Council of the Bar and the Law Society, and with the consent of the Treasury, makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment No. 3) Regulations 2001 and shall come into force on 26th July 2001.

Transitional provision

2.  These Regulations shall apply to work carried out on or after 26th July 2001, and in relation to work carried out before that date the Legal Aid in Family Proceedings (Remuneration) Regulations 1991(2) shall have effect as if these Regulations had not been made.

Amendments to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991

3.  In paragraph 17 in Part V of Schedule 1A, and paragraph 18 in Part V of Schedule 2A, to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991, the words “per hour”, wherever they occur, shall be deleted.

Signed by authority of the Lord Chancellor

Patricia Scotland

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 2nd July 2001

We consent

Anne McGuire

Tony McNulty

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 5th July 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which amend the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 (S.I. 1991/2038), make corrections to the amendments made by the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2001 (S.I. 2001/830) by removing the words “per hour” in the rates for preparing a bill and completing a detailed assessment in relation to care proceedings (Schedule 1A, Part V, paragraph 17) and prescribed family proceedings (Schedule 2A, Part V, paragraph 18).

(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 the Family Law Act 1996 (c. 27), Schedule 8 paragraph 44. Sections 34 and 43 are repealed (together with other provisions) by Part I of Schedule 15 to the Access to Justice Act 1999 (c. 22), which was brought into force on 1st April 2000 by the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774), but subject to savings. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.

(2)

S.I. 1991/2038: Part V of Schedules 1A and 2A was inserted by S.I. 2001/830.