SCHEDULE 3 Criminal Defence Service: right to representation
Grant of right by commission
F12A
(1)
Regulations may—
(a)
provide that the Commission shall have power to grant rights to representation in respect of criminal proceedings of a prescribed description;
(b)
provide that the Commission shall, except in such circumstances as may be prescribed, have power to withdraw any rights to representation granted in respect of proceedings of a description prescribed under paragraph (a).
F2(c)
provide that any provisional grant of a right to representation, or any withdrawal of a right so granted, in accordance with regulations under paragraph 1A is to be made by the Commission.
(2)
In sub-paragraph (1)(a), the reference to criminal proceedings does not include proceedings prescribed under section 12(2)(g).
(3)
Regulations under sub-paragraph (1) may make such consequential amendment or repeal of any enactment, including an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), as the Lord Chancellor may consider appropriate.
3
(1)
Regulations may provide that the Commission shall have power to grant rights to representation in respect of any one or more of the descriptions of proceedings prescribed under section 12(2)(g), and to withdraw any rights to representation granted by it.
F3(2)(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43A
(1)
The form of the grant F5, or provisional grant, of a right to representation under paragraph 2A or 3 shall be such as may be prescribed.
(2)
Regulations under paragraph 2A or 3 may make such transitional provision as the Lord Chancellor may consider appropriate.