The Community Legal Service (Funding) (Amendment) Order 2006

Statutory Instruments

2006 No. 2366

Legal Services Commission, England and Wales

The Community Legal Service (Funding) (Amendment) Order 2006

Made

28th August 2006

Laid before Parliament

1st September 2006

Coming into force

2nd October 2006

This Order is made in exercise of the power conferred(1) by section 6(4) of the Access to Justice Act 1999(2). The Lord Chancellor has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and he has had regard to the matters specified in section 25(3) of that Act. The Lord Chancellor makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2006 and comes into force on 2nd October 2006.

(2) In this Order a reference to an article by number alone is a reference to the article so numbered in the Community Legal Service (Funding) Order 2000(3).

Amendments to the Community Legal Service (Funding) Order 2000

2.  In article 2(1), in the definition of “assessing authority”, delete “Regional”.

3.  In article 5(1) —

(a) in sub-paragraph (c) omit “pilot”;

(b) in sub-paragraph (e) omit “or”;

(c) after sub paragraph (f) insert—

“; or

(g) as part of the Community Legal Advice Centres and Community Legal Advice Networks.”.

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State

Department for Constitutional Affairs

28th August 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Community Legal Service (Funding) Order 2000 (“the 2000 Order”).

The 2000 Order imposes conditions on the funding of services as part of the Community Legal Service, including by limiting the powers of the Legal Services Commission to pay remuneration under contract for the provision of funded services.

This Order adds an exception to the limitation, by including contracts for Community Legal Advice Centres and Community Legal Advice Networks, which provide advice and representation to the most deprived communities in debt, employment, community care, family, housing and welfare benefit matters.

A full regulatory impact assessment has not been made for this instrument as it has no significant impact on the costs of businesses, charities or voluntary bodies.

(1)

The powers were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 S.I.2003/1887 and were transferred back the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 S.I.2005/3429.

(2)

1999 c.22.

(3)

The Community Legal Service (Funding) Order 2000 S.I.2000/627; amended by S.I.2000/1541, S.I.2001/831, S.I.2001/2996, S.I.2003/651, S.I.2003/851, S.I.2004/2900, S.I.2005/571, S.I.2005/2114, S.I.2005/3504.