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The Criminal Defence Service (Representation Orders and Consequential Amendments) Regulations 2006
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- 2006 No. 2493
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations empower the Legal Services Commission (“the Commission”), instead of the court, to grant a right to publicly funded representation in criminal proceedings in magistrates’ courts where it does not already have that power (regulation 3). They take effect from 2nd October 2006, when the relevant amendments to the Access to Justice Act 1999 made by the Criminal Defence Service Act 2006 come into force.
Where a representation order is granted, the order extends to the Crown Court if the proceedings continue there (regulation 4).
The Regulations contain provisions about the withdrawal of representation orders similar to those in the Criminal Defence Service (General) (No. 2) Regulations 2001(S.I. 2001/1437) (regulation 5).
The Regulations also make amendments to legislation consequential on the transfer of responsibility for granting representation orders from the court to the Commission (regulations 7 to 10).
A regulatory impact assessment has been prepared for instruments relating to the Criminal Defence Service Act, which is available from Criminal Legal Aid Strategy Division, Department for Constitutional Affairs, 54 Victoria Street, London SW1E 6QW and can also be found at http://www.dca.gov.uk/risk/crime-defence-act-ria.pdf.
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