1980 No. 705
The Transfer of Functions (Legal Aid in Criminal Proceedings and Costs in Criminal Cases) Order 1980
Made
Laid before Parliament
Coming into Operation
At the Court at Buckingham Palace, the 21st day of May 1980
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 1975, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and Commencement1
1
This Order may be cited as the Transfer of Functions (Legal Aid in Criminal Proceedings and Costs in Criminal Cases) Order 1980.
2
This Order comes into operation on 1st July 1980.
Transfer of functions2
The functions of the Secretary of State under the following provisions namely—
a
sections 13(2), 16(2) and 17 of the Costs in Criminal Cases Act 19731;
b
sections 34, 37(1)(b) and 39 of the Legal Aid Act 1974;
c
regulations 4 and 5 of the Costs in Criminal Cases (Central Funds) (Appeals) Regulations 1977;
d
regulation 2(2) of the Costs in Criminal Cases (Allowances) Regulations 1977;
e
regulations 7(1) and 30(1) of the Legal Aid in Criminal Proceedings (General) Regulations 1968; and
f
regulations 9(4) to (5D) and 10 of the Legal Aid in Criminal Proceedings (Fees and Expenses) Regulations 19682,
are hereby transferred to the Lord Chancellor.
Supplementary3
1
The Schedule to this Order (which contains amendments incidental to or consequential on the transfer of functions effected by Article 2) shall have effect.
2
This Order shall not affect the validity of anything done by or in relation to the Secretary of State before the coming into operation of this Order, and anything which at the coming into operation of this Order is in process of being done by or in relation to the Secretary of State may, if it relates to any functions transferred by this Order, be continued by or in relation to the Lord Chancellor.
3
Any request made, notice given or other thing whatsoever done by or on behalf of the Secretary of State in connection with any functions transferred by this Order shall, if in force at the commencement of this Order, have effect as if made, given or done by or, as the case may be, on behalf of the Lord Chancellor so far as that is required for continuing its effect after the commencement of this Order.
SCHEDULEINCIDENTAL AND CONSEQUENTIAL AMENDMENTS
1
In each of the following provisions, namely—
a
the provisions specified in Article 2;
b
section 16(1) of the Costs in Criminal Cases Act 19733;
c
sections 35(7), 36(1)(b) and 37(5) of the Legal Aid Act 1974;
d
regulations 26(1) and 30(2) of the Legal Aid in Criminal Proceedings (General) Regulations 19684; and
e
regulation 9(8) of the Legal Aid in Criminal Proceedings (Fees and Expenses) Regulations 19685,
for “the Secretary of State”
, wherever it occurs, substitute “the Lord Chancellor”
.
2
In section 16 of the Costs in Criminal Cases Act 1973 (payment of costs ordered to be paid out of central funds and by accused or prosecutor), after subsection (2) insert—
3
Subsection (4) of section 61 of the Justices of the Peace Act 1979 (regulations as to accounts of justices' clerks) shall apply in relation to sums payable to the Lord Chancellor by virtue of subsection (2) above as it applies in relation to sums payable to the Secretary of State under that section.
3
In section 35(7) of the Legal Aid Act 19746 (destination of sums paid by way of contribution towards costs to a clerk of a magistrates' court) for the words from “and subsection (1)”
onwards substitute “and subsection (4) of section 61 of the Justices of the Peace Act 1979 (regulations as to accounts of justices' clerks) shall apply in relation to sums payable to the Lord Chancellor under this subsection as it applies in relation to sums payable to the Secretary of State under that section”
.
4
In Schedule 2 to the Justices of the Peace Act 1979 (consequential amendments), omit sub-paragraph (b) of paragraph 27.