The Community Legal Service (Cost Protection) (Amendment) Regulations 2001

Statutory Instruments

2001 No. 823

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Community Legal Service (Cost Protection) (Amendment) Regulations 2001

Made

1st March 2001

Laid before Parliament

9th March 2001

Coming into force

2nd April 2001

The Lord Chancellor, in exercise of the powers conferred upon him by sections 11(3) and (4)(g) of the Access to Justice Act 1999(1), makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Legal Service (Cost Protection) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.

(2) In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Community Legal Service (Cost Protection) Regulations 2000(2).

Amendments to the Community Legal Service (Cost Protection) Regulations 2000

2.  In regulation 2(1), after the definition of “Commission”, insert—

• ““costs judge” has the same meaning as in the Civil Procedure Rules 1998(3);”.

3.  After regulation 5(3) insert—

“(3A) An order under paragraph (2) may be made—

(a) in relation to proceedings in the House of Lords, by the Clerk to the Parliaments;

(b) in relation to proceedings in the Court of Appeal, High Court or a county court, by a costs judge or a district judge;

(c) in relation to proceedings in a magistrates' court, by a single justice or by the justices' clerk;

(d) in relation to proceedings in the Employment Appeal Tribunal, by the Registrar of that tribunal.”.

Signed by the authority of the Lord Chancellor

David Lock

Parliamentary Secretary,

Lord Chancellor’s Department

1st March 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Community Legal Service (Cost Protection) Regulations 2000 (S.I. 2000/824). In particular they insert into regulation 5, which contains provisions about costs orders against the Legal Services Commission in proceedings in relation to which a party has been funded by the Commission, a new provision which specifies, in relation to different types of proceedings, which court, tribunal or person may make such costs orders.

(1)

1999 c. 22.

(2)

S.I. 2000/824.

(3)

S.I. 1998/3132. There are no relevant amending instruments.