The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1997

Statutory Instruments

1997 No. 754

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1997

Made

11th March 1997

Laid before Parliament

11th March 1997

Coming into force

1st April 1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 25(2), 34 and 43 of the Legal Aid Act 1988(1), having had regard to the matters specified in section 34(9) and having consulted the General Council of the Bar and the Law Society and with the consent of the Treasury, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.

Transitional provisions

2.  These Regulations apply to work done in committal proceedings to which Schedule 1 to the Criminal Procedure and Investigations Act 1996(2) applies, and the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989(3) shall apply to work done in all other committal proceedings as if these Regulations had not come into force.

Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989

3.  In the Table following paragraph 2(2) of Part III of Schedule 1 to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989, there shall be omitted—

(a) in item 3.1, the words “under section 6(2) of the Magistrates' Courts Act 1980”;

(b) the whole of item 3.2.

MacKay of Clashfern, C.

Dated 10th March 1997

We consent

Patrick McLoughlin

Roger Knapman

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 11th March 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 so that all committal proceedings governed by the new procedure provided by the Criminal Procedure and Investigations Act 1996 fall within Category 3 for the purposes of solicitors' standard fees in the magistrates' courts.

(1)

1988 c. 34; sections 25(2), 34 and 43 were amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraphs 60 and 63. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.

(2)

1996 c. 25.

(3)

S.I. 1989/343, as amended by S.I. 1990/488, 1991/529, 838 and 2037, 1993/934 and 1994/1477, 1825 and 2218.