The Criminal Defence Service (Representation Order Appeals) (Amendment) Regulations 2002

Statutory Instruments

2002 No. 1620

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Criminal Defence Service (Representation Order Appeals) (Amendment) Regulations 2002

Made

24th June 2002

Coming into force

25th June 2002

The Lord Chancellor, in exercise of the powers conferred on him by section 14 of, and paragraph 4 of Schedule 3 to, the Access to Justice Act 1999(1), makes the following Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament:

Citation and commencement

1.  These Regulations may be cited as the Criminal Defence Service (Representation Order Appeals) (Amendment) Regulations 2002 and shall come into force on the day following that on which it is made.

Interpretation

2.  In these Regulations, a reference to a regulation by number alone means the regulation so numbered in the Criminal Defence Service (Representation Order Appeals) Regulations 2001(2).

Amendments to the Criminal Defence Service (Representation Order Appeals) Regulations 2001

3.  The following shall be inserted after regulation 3(2):

“(3) Subject to the provisions of the Criminal Defence Service (General) (No. 2) Regulations 2001(3), the date of any representation order shall be the date upon which the original application was received in accordance with those Regulations.”.

4.  In regulation 5:

(a) the words after “Court of Appeal” shall be deleted from the heading;

(b) in paragraph (1), “or the head of the Civil Appeals Office” shall be inserted after the words:

(i) “criminal appeals”; and

(ii) “in writing to the registrar”; and

(c) in paragraph (2), “or the head of the Civil Appeals Office,” shall be inserted after the word “registrar”.

Signed by authority of the Lord Chancellor

Yvette Cooper

Parliamentary Secretary,

Lord Chancellor’s Department

24th June 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Criminal Defence Service (Representation Order Appeals) Regulations 2001 in order to deal with appeals to the Court of Appeal, Civil Division. These will arise in respect of representation orders relating to a decision of the Financial Services and Markets Tribunal. The Tribunal was established under section 132 of the Financial Services and Markets Act 2000. They also clarify the date upon which a representation order granted after an appeal shall take effect.

(1)

1999 c. 22.

(2)

S.I. 2001/1168.

(3)

S.I. 2001/1437, as amended by S.I. 2002/712.