The Criminal Legal Aid (Remuneration etc.) (Amendment) (No. 2) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument amends the Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369) (“the Amending Regulations”). That instrument amends the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) (“the Criminal Remuneration Regulations”), which make provision for the remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”). The Amending Regulations amend the fees payable under the Criminal Remuneration Regulations in two respects: reducing fees under existing fee schemes (Part 2 of the Amending Regulations) and introducing new fixed fee schemes (Part 3 of the Amending Regulations). Part 2 of the Amending Regulations came into force on 1st July 2015.

Part 3 of the Amending Regulations introduces new fee schemes for representation in the Crown Court under Schedule 2 to the Criminal Remuneration Regulations and certain advice and assistance and magistrates’ courts representation under Schedule 4 to those Regulations. Part 3 also makes amendments to the Criminal Remuneration Regulations, the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9), Civil Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/422) and the Criminal Legal Aid (Financial Resources) Regulations 2013 (S.I. 2013/471) consequential on the introduction of new contracts for the provision of services made available under sections 13, 15 and 16 of the Act. The remaining provisions make consequential amendments or minor clarifications. The Amending Regulations provided that Part 3 should come into force on 11th January 2016.

This instrument does four things. Regulation 2(a) and (c) amends the commencement date for Part 3 of the Amending Regulations to bring the amendments made by that Part into force on 1st April 2016. Regulation 2(b) amends the transitional provision applicable to Part 3 of the Amending Regulations so that the amendments made by that Part apply to determinations made under section 13, 15 or 16 of the Act on or after 1st April 2016. Regulation 3 amends the amendments made by the Amending Regulations consequential on the introduction of the new contracts to retain reference to the 2010 Standard Crime Contract as well. Regulation 4 substitutes the consequential amendment made to the Criminal Legal Aid (Financial Resources) Regulations 2013 by regulation 7 of the Amending Regulations to correct an error in the original amendment and retain reference to the 2010 Standard Crime Contract.

The contracts referred to in this instrument are available at https://www.gov.uk/topic/legal-aid-for-providers/contracts. Copies can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London SW1H 9AJ.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.